Compton, DUI Test Not Within 3 Hours, License Reinstated

Our client, age 34, had gone out to dinner with a friend.  He had drank several beers, but felt fine when he left the restaurant.
Article in Short Form:  Client Runs Out of Gas on 110 Freeway, CHP Officer Fails to Record When Our Client Last Drove, Making Breath Test Given Meaningless Under Vehicle Code § 23152(b), License Reinstated.
As he drove south on the 110 Harbor Freeway in his brother’s car, which he was unfamiliar with, he suddenly felt the car run out of gas (this is a common problem even with our DUI clients driving their own cars – they just fail to look at the gas gauge when they are drunk).  Our client estimated the time at that time to be about 11:00 p.m.  The client navigated the car over to the side of the freeway and began making phone calls to his girlfriend to come and get him, but she was asleep.  His phone battery then ran out of power, so he decided to walk to the next freeway off ramp to call for help.

He walked about half way to the exit, which was a solid mile away, and then decided to turn around to stay with the car and try charging the phone from the car since car’s battery still worked.

As he started doing so, the CHP arrived.  The client estimates that a full hour had passed by the time the CHP arrived. 

The CHP officer did not immediately notice any odor of alcohol in our client at first.  Accordingly, he called a tow truck and then began recording our client’s personal information.  It was at this point that the officer allegedly noticed the client’s flushed face, bloodshot eyes and slurred speech.  This was approximately ten minutes after the officer arrived on scene.

The officer then began administering field sobriety tests.  He then asked if our client wished to give a breath test at the scene.  Smartly, our client declined, asking instead to take a test at the CHP station.  It is worth noting for the reader here that one may legally decline to submit to a breath test at the roadside, as well as refuse to perform field sobriety tests.

The tow truck then arrived and there were problems hooking up the car to the tow.  The CHP officer did his best to assist the tow truck driver, taking another twenty minutes.

Ironically, the CHP station was less than a mile away from the location where our client ran out of gas, but it took over two hours for the officer to ultimately have our client provide a breath sample.

The DMV was made aware of all of these delays and time issues.  It realized that the exact time of when the client last drove was stated nowhere in the CHP Report.  Greg brought this to the DMV’s attention, which surprisingly agreed.

When the DMV ruling arrived, our client was ecstatic.  He was fearful that he would not be able to drive for his job, so the reinstatement of his driving privileges was a big relief.  His work involved a great deal of travel to Canada, where having a valid license is important.

When our office received the ruling, we notified the prosecutor’s office in Compton and explained the issues.  The DA’s office in Compton apparently agreed, as they declined to file any criminal charges against our client. 

For more information about field sobriety tests, what to do if stopped for DUI and DMV hearings in general, click on the following articles:
  1. What Do DUI Field Sobriety Tests (FST’s) Actually Show?
  2. 10 Things to Do if Stopped for DUI
  3. What Is a DMV Hearing for a DUI?
Watch our video about DUI by clicking here.
 
Contact us.
Client Reviews
Thank you so much for putting so much effort in this case. We really appreciate it and we are happy that all turned out well.
★★★★★
Greg Hill did an outstanding job on every level. He was efficient, thorough, knowledgeable, courteous, responsive & brilliant. He welcomed my input and my concerns. . . from the first conversation to the last - I always felt 'it mattered' to him. S.C., Rolling Hills Estates
★★★★★
Thanks again for your hard work. We want you to know that we are very appreciative of all that you have done [on our son's] behalf. With warmest regards, L.H., Torrance
★★★★★
Dear Greg, Thank you again for all your help. Your professionalism and thoroughness is greatly admired. I will definitely recommend you to my friends if they ever need legal help. V.L., Carson
★★★★★
Thanks for investing in my case. I talked to other attorneys out there and they had an arms-length of attitude, but not you. Your intensity and interest helped a lot. C.R., Pomona
★★★★★