Rancho Palos Verdes, 3rd Time DUI, License Reinstated

Our client had a tough patch over the last ten years.  She had two DUI’s in the last seven years and then was involved in a car accident while returning from a bar in Long Beach.
Condensed Version:  Client Involved in Alleged Hit and Run, Her Third DUI, License Reinstated at DMV Hearing When Shown That Breath Alcohol Test Not Given Within Three Hours of Her Last Driving.
As she was crossing an intersection at about 11:50 p.m.., she thought the left turn arrow on the traffic light facing her was green, so she turned left.  As she turned, she realized the approaching car had not stopped to yield to her and a collision was imminent.  The two cars then collided.

Our client proceeded through the intersection to get out of the way of other cars.  She then pulled over to the side of the road.  The other driver also moved out of the intersection to clear the intersection.

The other car had four people in it.  They lost sight of our client and called the police, claiming they were victims of a hit and run driver.  Our client, however, was parked less than 100 feet away. 

The police arrived and, due to the driver and three passengers being quite upset by the situation, spent about twenty minutes just speaking to them.

Another police car arrived and officers began taking measurements of the point of impact and sweeping up debris from the crash.  Finally, our client came forward to present herself.  She was very nervous, as she had been drinking and she had two prior DUI’s in the last seven years.

Police immediately began questioning her and administered field sobriety tests.  She insisted upon a breath test at the station.

However, due to all the time consumed by police interviewing each of the occupants of the other car, our client did not submit to a breath test until 0312, or more than three hours after the last time she drove.

At the DMV hearing, Greg Hill pointed this out, noting that the presumption provided for in Vehicle Code § 23152(b) did not apply.  Under 23152(b), the blood alcohol measurement taken within three hours of a suspect’s last driving is presumed to be the blood alcohol content of the suspect when driving for purposes of DUI.  Here, that presumption did not apply because the measurement was taken about three hours and 20 minutes after our client last drove.

The DMV agreed with Greg and reinstated our client’s driving privileges.

The client was extremely happy because she had recently experienced a one year license suspension from her second DUI, so she knew what it was like to live without the legal ability to drive.  Moreover, at the DMV hearing, the DMV subpoenaed the arresting officer and the driver of the other vehicle to testify about the time of the crash, but Greg was able to cross-examine each (over a two day hearing) to the point where each admitted that they did not know what time the crash took place.  Greg also brought the client’s mom to the hearing, who testified that her daughter called her right after the crash at about midnight.  It was a very contentious DMV hearing, which made the victory more appreciated.

For more information about being a third time DUI, hit and run and DMV Hearings in general, click on the following articles:
  1. What Punishment Do I Face for a Third DUI?
  2. What Is a DMV Hearing for a DUI?
  3. Felony Hit & Run Charges Involving Injury or Death Often Depends on Willfulness of Conduct
Watch our video about DUI by clicking here.
 
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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.
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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.
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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,
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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.
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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.
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