Tuesday, January 13, 2026

Verified 2025 Case Wins For Attorney Matthew Ruff

 


In 2025, DUI attorney Matthew Ruff secured several verified legal victories in Southern California, ranging from full dismissals to jury acquittals. His recorded successes for the year include:

 

Jury Acquittals and Not Guilty Verdicts 
  • Underage DUI (Los Angeles): In April 2025, Ruff secured a "Not Guilty" verdict for a client in an underage DUI case. The defense successfully challenged complex legal issues, leading the jury to acquit on all charges.
  • Torrance Jury Trial: In October 2025, a Torrance jury returned a "Not Guilty" verdictafter Ruff successfully argued that the prosecution's evidence was insufficient to support a conviction. 
Case Dismissals (Criminal Court)
  • 3rd Time DUI Dismissed (Torrance): In April 2025, Ruff obtained a dismissal of a third-time DUI charge in Los Angeles Superior Court. The victory was achieved by arguing a violation of 4th Amendment rights, resulting in the DUI being dropped.
  • DUI with Injury & Hit and Run (Torrance): In July 2025, major charges including DUI with injury, chemical test refusal, and hit-and-run with injury were fully dismissed.
  • Commercial Driver Dismissal (Oceano Dunes): Ruff secured a dismissal of DUI charges for a commercial driver facing a lifetime license ban by using retrograde extrapolation to prove the client's BAC was likely below 0.08% at the time of driving.
  • Public Intoxication (Santa Monica): In November 2025, a drunk-in-public charge was dismissed and the client's arrest record was sealed to protect future employment.
  • DUI Reduced to "Dry Reckless": In December 2025, a client's DUI charge was reduced to a non-alcohol-related "dry reckless" (VC 23103), which was subsequently expunged. 
DMV Administrative Victories (License Saved) 
  • 911 Anonymous Tip Challenge (Torrance): In July 2025, the DMV set aside a license suspension for a client with a 0.16% BAC after Ruff proved the initial police stop based on an anonymous 911 call was unlawful.
  • Suppression of High BAC (Long Beach): In September 2025, a license suspension was overturned after Ruff uncovered regulatory violations, resulting in the suppression of breath test results recorded at 0.16%/0.17%.
  • Refusal Suspension Reversal (Hermosa Beach): In November 2025, a 0.11% breath test case resulted in an order of set-aside, clearing the arrest from the client's record and avoiding an ignition interlock requirement.
  • Denied Continuance Victory (Valencia): In December 2025, Ruff successfully opposed a DMV request for a continuance. Because the DMV lacked the necessary blood results at the time of the hearing, the suspension was set aside and the license reinstated. 

Saturday, January 3, 2026

Can The DMV Suspend A License When They Lack A Sworn Report (DS367)

 

In California, a driver may compel the 

set aside of an administrative license suspension if the DMV fails to provide a sworn statement in compliance with Vehicle Code (VC) § 13380. Under this section, an arresting officer must "immediately forward to the department a sworn report of all information relevant to the enforcement action".

The following legal arguments are typically used to contest a suspension based on this violation:
1. Violation of Mandatory Statutory Duty
Under VC § 13380, the requirement for a sworn report (typically the DS 367 form) is a mandatory duty imposed upon law enforcement.
  • The Argument: The DMV lacks jurisdiction to sustain a suspension if the foundational document—the officer's sworn statement—is missing, unsworn, or fails to contain the "grounds for belief" that the driver was in violation of DUI laws.
  • Basis for Set Aside: A "Set Aside" signifies that the Hearing Officer found no factual or legal basis for the original suspension. Without a sworn statement, there is no competent evidence to meet the DMV’s burden of proof.
2. Inadmissibility of Unsworn Evidence
While the DMV can use unsworn reports (like a standard narrative police report) to supplementor explain a sworn statement, they cannot rely solely on them if the sworn statement is fundamentally flawed or absent.
  • MacDonald v. Gutierrez (2004): The California Supreme Court held that while "technical omissions" in a sworn report can be corrected by an unsworn one, the sworn report cannot be "wholly devoid of relevant information".
  • The Argument: If the DMV provides no sworn statement, any other evidence (e.g., unsworn arrest reports) is inadmissible hearsay under Evidence Code § 1280 (the public records exception), because the specific foundational requirements of VC § 13380 have not been met.
3. Failure to Satisfy the Burden of Proof
In an Administrative Per Se (APS) hearing, the DMV must prove three specific issues: (1) the officer had reasonable cause to believe the person was driving under the influence; (2) the person was placed under lawful arrest; and (3) the person was driving with a BAC of 0.08% or higher.
  • The Argument: VC § 13380 requires the sworn report to include the officer’s "grounds for belief" and chemical test results. If this sworn statement is missing, the DMV has failed to provide "competent evidence" to support any of the three required findings

Monday, December 22, 2025

VICTORY IN COURT: Attorney Matthew Ruff Secures "Not Guilty" Verdict on DUI Charges




 The Law Office of Matthew J. Ruff is proud to announce a significant courtroom victory: a "Not Guilty" verdict for our client on charges of driving under the influence (DUI) after a full trial in Los Angeles Superior Court.

Following a thorough review of the evidence presented during the trial, the Honorable Judge Martin R. Gladstein made a finding of not guilty on Count 2, Vehicle Code § 23152(b) (driving with a blood alcohol concentration of 0.08% or higher). The official court order, dated October 14, confirmed the acquittal of all DUI charges.
This result demonstrates our commitment to challenging every aspect of the prosecution's case. We believe in protecting our clients' rights and futures, ensuring that the evidence against them is scrutinized for reliability and legal compliance.

Case Highlights
  • Result: Finding of Not Guilty / Acquittal on VC 23152(B)
  • Court: Superior Court of California, County of Los Angeles
  • Attorney: Matthew J. Ruff
This successful outcome highlights the importance of experienced, aggressive legal representation when facing a DUI arrest. Attorney Matthew Ruff has decades of experience fighting and winning cases by exposing weaknesses in the evidence and ensuring the proper procedures are followed.
If you or a loved one are facing DUI charges, don't assume a conviction is inevitable. There are often strong defenses available.


The client was originally stopped by the California Highway Patrol (CHP) for a speeding violation. During the roadside investigation, officers reported several traditional markers of impairment, including slurred speech, an odor of alcohol, and bloodshot, watery eyes.. Following a series of Field Sobriety Tests (FSTs), the client submitted to a breath test, which returned two identical readings of .12% Blood Alcohol Concentration (BAC)—well above the .08% legal limit.
The client was subsequently charged with violations of California Vehicle Code 23152(a)(driving under the influence) and Vehicle Code 23152(b) (driving with a BAC of .08% or higher).
Despite the high chemical test readings and officer observations, Matthew Ruff launched a strategic defense focused on the procedural failures of the arresting agency. Ruff successfully argued that the breathalyzer results were unreliable and inadmissible due to a violation of California Code of Regulations (CCR) Title 17. Specifically, Ruff demonstrated that the CHP officer failed to maintain continuous observation of the driver for a full 15 minutes prior to the administration of the breath test.
Under Title 17, this mandatory observation period ensures that the subject does not smoke, vomit, or ingest anything that could cause "mouth alcohol" to contaminate the breath sample, leading to a falsely elevated reading. By proving the officer's attention was diverted, Ruff effectively challenged the scientific integrity of the .12% BAC result.
"Title 17 regulations are not mere suggestions; they are the safeguards that protect the constitutional rights of drivers," said Matthew Ruff. "When law enforcement shortcuts these procedures, the results cannot be trusted as evidence in a court of law".
As a result of this defense, the evidence was deemed unreliable, leading to a successful resolution of the case and protecting the client’s driving record and future.
About Matthew Ruff:
With over 30 years of experience, Matthew Ruff is a premier California DUI defense attorney specializing in challenging chemical test results and police procedure. He serves clients throughout Los Angeles and Southern California. For more information or a case consultation, visit the Law Offices of Matthew Ruff.


Sunday, November 30, 2025

Understanding Vehicle Impound After A DUI

 Understanding Vehicle Impounds and Holds Following a California DUI Arrest

Being arrested for driving under the influence (DUI) in California is a stressful experience, and one of the immediate consequences you may face is having your vehicle impounded and placed on hold. Understanding this process, your rights, and how to retrieve your vehicle is crucial during this challenging time.
Why Is My Vehicle Impounded?
Law enforcement officers in California have the authority to impound your vehicle under specific circumstances following a DUI arrest. Common reasons include:
  • Public Safety: If you are arrested and there is no sober passenger available to drive the vehicle away safely, the police will arrange for a tow to prevent the vehicle from being left abandoned or operated illegally.
  • Suspended License: If your driver's license is already suspended or revoked at the time of the DUI arrest, the vehicle will likely be impounded.
  • Vehicle Code Violations: Specific sections of the California Vehicle Code (CVC) mandate impoundment for certain violations, such as a third offense for driving with a suspended license within a specified period.
What Does "Placed on Hold" Mean?
A "hold" is a temporary restriction placed by the law enforcement agency on the vehicle's release. The tow yard or impound lot cannot release the car until the "hold" is officially lifted by the arresting agency.
Holds can vary in duration:
  • 2-Day Hold (48 hours): This is common when the primary issue was the driver's impairment and no other specific vehicle code violations were present.
  • 30-Day Hold: This lengthier hold is typically applied if the driver was operating the vehicle while their license was suspended or revoked, or if they have prior impoundments. The intent is to prevent the individual from immediately driving again.
How Do I Get My Vehicle Back?
Retrieving your vehicle involves several steps and requires prompt action to minimize accumulating storage fees, which can be substantial.
  1. Obtain a Release Form: You must contact the arresting law enforcement agency (police department or sheriff's office) to get an official vehicle release form. You may need to provide proof of ownership and a valid driver's license (or bring a licensed driver with you).  You must meet any conditions required by the agency to lift the "hold".
  2. Pay Fees: Be prepared to pay administrative fees to the police agency for the release form, as well as towing and storage fees directly to the impound lot. These fees must be paid in full before the vehicle is released.
  3. Act Quickly: Storage fees accrue daily. The sooner you resolve the hold and retrieve the vehicle, the less expensive the process will be.
Can I Fight the Impoundment?
Yes, you have the right to a timely post-storage hearing to contest the validity of the impoundment. This hearing is held by the law enforcement agency that authorized the tow. If you believe your vehicle was towed improperly, you should request this hearing immediately after the vehicle is impounded [2].
Navigating a DUI arrest is complex. While this guide provides general information, consulting with a qualified California DUI attorney can help you understand all your options and protect your rights regarding the criminal case and the return of your property.

Sunday, November 23, 2025

The Difference Between Wet Reckless and DUI

 A "wet reckless" and a DUI are both related to impaired driving, but they represent different legal outcomes with varying consequences. A DUI (Driving Under the Influence) is a more serious offense, while a "wet reckless" (reckless driving involving alcohol) is a lesser charge often offered as part of a plea bargain.

DUI (Driving Under the Influence)
A DUI is the formal charge for operating a vehicle while impaired by alcohol or drugs.
  • BAC Threshold: In the United States, a blood alcohol concentration (BAC) of 0.08% or higher typically results in a DUI charge.
  • Consequences: DUI penalties are severe and can include:
    • Mandatory jail time.
    • Substantial fines and court fees.
    • Driver's license suspension by the state's Department of Motor Vehicles (DMV).
    • Mandatory participation in an alcohol education program.
    • Installation of an ignition interlock device (IID) in your vehicle.
    • A permanent criminal record for a more serious offense, which can impact employment opportunities.
"Wet Reckless" (Reckless Driving with Alcohol Involvement)
A "wet reckless" is not a specific criminal statute but rather a common shorthand for a plea bargain offered to someone initially charged with a DUI. The driver pleads guilty to a lesser charge of reckless driving, with the "wet" part indicating that alcohol or drugs were involved. The code section is VC23103.5.
  • Plea Bargain: Prosecutors may offer this lesser charge if there are weaknesses in their case, such as questionable police procedures or insufficient evidence of actual impairment.
  • Consequences: While less severe than a DUI, a "wet reckless" is still a serious misdemeanor:
    • Fines are generally lower than a DUI.
    • Jail time is possible but often less likely or shorter than a DUI sentence.
    • License suspension is less likely directly from the court, but the DMV might still take action.
    • It still counts as a prior alcohol-related offense if the individual receives a future DUI, leading to enhanced penalties for the second offense.
    • It often requires enrollment in an alcohol education program, similar to a DUI.
Key Differences Summarized
FeatureDUI (Driving Under the Influence)"Wet Reckless" (Plea Bargain)
SeverityMore severe criminal offenseLesser criminal offense (misdemeanor)
FinesHigherLower
Jail TimeMore likely/longerPossible, but less likely/shorter
License ImpactInevitable suspension/revocationLess likely direct court suspension
Future ImpactCounts as prior offense for 10 years+Counts as prior offense for enhanced penalties in future
InsuranceSignificant premium increaseSignificant premium increase
In both cases, an individual's car insurance premiums will likely increase significantly due to the risk associated with an alcohol-related driving conviction. Legal representation from a qualified attorney is crucial for navigating either charge.

What to Do After a DUI Arrest: Insights from Attorney Matthew Ruff

 

DUI Attorney Matthew Ruff Offers Insights On What To Do After a DUI Arrest


Being arrested for DUI is one of the most stressful experiences a person can face. In a matter of minutes, your freedom, your reputation, and your future can feel like they’re slipping away. But a DUI arrest does not equal a conviction — and with the right legal strategy, you can often limit or even avoid the long-term consequences.

This is where experienced DUI defense attorney Matthew Ruff steps in.

For more than three decades, Matthew Ruff has focused his practice on defending individuals charged with driving under the influence. Known for his strategic thinking and relentless commitment to his clients, he has earned a reputation as one of the most trusted DUI attorneys in the region. Below, he breaks down the steps you should take immediately after a DUI arrest and why early intervention matters.


1. Your First Call Matters — Make It Count

After a DUI arrest, time is your biggest asset and your biggest enemy. The DMV gives you only a short window to contest a license suspension, and the evidence against you — such as breath-test results, body-cam footage, or dash-cam recordings — needs to be examined quickly.

Attorney Matthew Ruff advises every client to contact a qualified DUI lawyer within 48 hours of an arrest. The sooner your defense begins, the more opportunities your attorney has to challenge the evidence and protect your rights.

2. DUI Charges Are Not “Open and Shut”

Many people assume that once they fail a breath test, their case is over. Not true.

Matthew Ruff has successfully challenged DUI cases by:

  • Exposing errors in breathalyzer calibration

  • Demonstrating improper police procedures

  • Contesting unlawful traffic stops

  • Revealing medical conditions that can mimic intoxication

  • Identifying inaccuracies in blood testing or chain of custody

DUI law is technical, scientific, and full of potential pitfalls for law enforcement. An experienced attorney knows how to find weaknesses that most people — and even many lawyers — would overlook.


3. Protecting Your License Is a Priority

One of the most overlooked parts of a DUI case is the DMV administrative hearing, which is completely separate from the criminal court process. The DMV has the power to suspend your license even if your criminal charges are reduced or dismissed.

Matthew Ruff has extensive experience representing clients in these hearings and understands exactly what evidence the DMV looks for. In many cases, he has prevented clients from losing their driving privileges entirely.