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.
