DMV Victory – APS Hearing – San Bernardino Driver Safety Office

Case History: California Drivers Advocates was engaged to assist a client whose driver license was in jeopardy of being suspended following a DUI arrest in the area of Rancho Cucamonga,  CA.  Our 35 year old client was accused of “peeling out” his tires in a turn and then weaving within a traffic lane.  A San Bernardino County Sheriff’s Deputy stopped him and then called a second deputy to the scene to conduct a DUI investigation.   The arresting Deputy accused our client of failing all Field Sobriety Tests miserably.  Our client blew into a hand-held Preliminary Alcohol Screening device four times but the machine would not register a result.  Our client was arrested and transported to the local jail where he submitted to a chemical blood test with a result of .20%.

Our client holds a Commercial Driver License and drives more than 100,000 miles per year to transport freight and hazardous material from coast to coast.

DMV’s Position: The California DMV’s position was crystal clear. Under the “Official Duty Presumption,” the DMV Hearing Officer presumed the first deputy had a lawful reason to stop our client.  The hearing officer also presumed that the arresting deputy conducted a thorough and fair investigation, that he documented everything accurately and honestly, and that the blood/alcohol concentration was accurate.

When we walked in the door, the DMV presumed our client’s guilt and was challenging us to prove them wrong.  Essentially our client was “guilty” until proven innocent.

Also, because the DMV holds professional drivers to a higher standard, the department intended to disqualify our client from commercial driving for one year and to suspend his entire driving privilege for four months.

 Our Defense: In DMV hearings, the smallest detail can often have the greatest impact.  While we spent a great deal of time attacking the lawfulness of the stop and the lawfulness of the arrest, the actual “magic bullet” in our client’s defense was the incomplete nature of the arresting deputy’s report.

The arresting deputy had failed to accurately document the date and time of the blood draw.  In any APS Hearing this is critical because the DMV is only permitted to presume the accuracy of a blood sample that is drawn within three hours of the time of driving.  With no documentary proof of the time of the blood draw, the department was not permitted to presume the accuracy of the blood analysis.  The DMV Hearing Officer called the arresting deputy to testify in an attempt to cure the problem, but under cross-examination, the deputy sheriff honestly testified that he could not recall what time the blood was drawn and he could not recall who had actually taken the sample.

Outcome: At the conclusion of the APS Hearing, the hearing officer took the matter under submission.  Two weeks later, we received official notice that the hearing officer had “Set Aside” the suspension and our client’s driving privilege was fully reinstated.    Our client suffered no APS suspension, was not required to attend a DUI school, and was not required to purchase an SR-22 Form; and most importantly, his privilege to operate commercial vehicles was not disqualified.  This is similar to being found “Not Guilty” by a jury.

As a result of our effort, our client remains employed as a professional truck driver and is able to continue providing for his family.  He learned a valuable lesson and is committed to safe and sober driving.

Call CDA Today.  Let Us Go to Work on Your Case.

The DMV Defense Experts at California Drivers Advocates have been fighting and winning DMV Administrative Per Se hearings for years.  We excel at every type of administrative hearing handled by the DMV and have a history of winning.  Call us and let us get you back on the road.