Client, Age 20, Arrested for DUI Despite 0.00% BAC at Scene
In late December, 2023, the CHP stopped our client after noticing she was driving with her headlights off, a violation of Vehicle Code § 24250. The client had just left a concert at the Shrine Auditorium with her friends. She was near the corner of Figueroa and Jefferson Avenue, just north of the University of Southern California (U.S.C.).
As she was driving out in a line of cars, she witnessed a friend being beaten up. The perpetrators tried to steal her friend’s wallet, cell phone and purse. Our client was unable to do anything, as she was driving her car in a line of slow-moving cars and could not immediately pull over to stop and help.
The client was very upset and distracted as a result of this experience and momentarily forgot to switch on her headlights, which were not automatic, as she exited the parking lot onto the street.
When the CHP came into contact with our client, she was still quite upset from seeing her friend being beaten up, so her heart rate was elevated and she was shaking, symptoms the CHP simplistically attributed to our client being under the influence of a controlled substance. Her pupils were also dilated from being in a dark venue for the concert.
The truth was she was the designated driver and had not consumed any drugs or alcohol. However, her friends, passengers in the car, had consumed wine coolers and the odor of alcohol from their breath must have been detected by the CHP.
Our client was a student at Santa Monica City College, studying to accumulate enough credits to transfer to a four-year university.
The client, age 20, was then asked by the CHP to step out of the car to perform field sobriety tests at the scene and according to her parents (who were not with her), she passed them all. She was then asked to submit to a preliminary alcohol screening (PAS) test at the scene and her breath was measured at 0.00% twice.
Nonetheless, the CHP then arrested her and the client then submitted to a drug test at the 77th Street Los Angeles Police Department Police station.
Upon being released, she was assigned an arraignment date of February 5, 2024 at the Metropolitan Courthouse and signed a promise that she would appear on this date in court.
The very next day, the client and her parents then called Greg Hill & Associates, as they were fearful of what would happen next. The trio explained what had happened and their concerns.
Greg explained that a DUI for being under the influence of a controlled substance (Vehicle Code § 23152(f)) was the most likely charge. Greg explained the likely plea bargain terms and what the maximum punishment the client could receive if convicted of this charge at trial. Greg added that the Client may also face a charge of violating Vehicle Code § 24250 (Driving During Darkness Without Headlights Illuminated), an infraction.
The mother of the client told Greg that their daughter was under treatment for several issues and was prescribed, among other medications, Wellbutrin and Prozac, neither of which contains a controlled substance.
Greg also explained that the DMV would automatically suspend the client’s driving privileges if a DMV Hearing was not reserved within ten days of the arrest. Greg explained that the DMV would then send the client a temporary license which she would need to print out, sign and keep with her at all times.
Greg explained that the DMV would most likely reinstate the client’s license because the client had zero alcohol in her system.
The client’s parents then retained Greg Hill & Associates and our office reserved a DMV Hearing. Otherwise, the DMV would automatically suspend the client’s driving privileges without even considering the client’s BAC. We also requested a copy of the police report and all documents the DMV intended to rely upon for the DMV Hearing.
We then received such reports from the DMV. True to her word, the client indeed had a given a breath sample that was measured at 0.00% alcohol.
The date for the DMV Hearing then arrived and the DMV set aside the suspension, reinstating our client’s driving privileges. She was very happy that we had reserved the hearing so that the DMV reviewed the police report and made a ruling based on the facts.
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