
Top Rated Best DUI Attorney
Over 28 years Fighting DUI
Call or Text Matt Directly: 310-686-1533
(You Won't Be "Passed Off" To A Paralegal or Secretary)
Matthew is a NATIONALLY RECOGNIZED
TOP TIER DUI LAWYER with the highest success rate. What drives Matthew to obtain
the best results for his clients is the desire to win and save his clients
from the stigma of a DUI and the consequences that flow therefrom. If
you want to have someone with a law degree and a suit hold your hand and
plead guilty, hire someone else. However, if you want a FIGHTER in your
corner to challenge every aspect of your case and obtain the best results,
call Matt Directly on his cell at
310-686-1533. Yes, Matt gives out his cell number so his clients can reach him directly
without having to go through a paralegal or secretary.
28 years experience matters!
Call Matt Now 310-686-1533
Knowledge of the science in DUI wins cases. For example, in blood testing
it is important to understand how the sample is collected, stored and
tested at the lab. The blood vials used by law enforcement are required
to contain 2 chemicals: Potassium Oxylate which prevents clotting and
Sodium Fluoride which inhibits bacterial growth and preserves the contents.
Matt knows how to use this information in the defense of your case. In
one recent situation Matt won a case by showing the tubes lacked the required
compounds.
Why Matt wins more cases than just about any other lawyer: Simple, he puts
the time and effort in each and every case until the right resolution
is obtained. For example, in one recent case Matt defended a client in
Valencia with a .11 Blood test result. Most other attorneys would convince
the client that a guilty plea is the only option given the toxicology
involved. However Matt listened to the client's story and was convinced
his client was innocent because his drinking pattern supported a defense
that the blood alcohol level was rising
after he was stopped and he was likely below the legal limit at the time of
driving. To put his money where his mouth is Matt hired a toxicologist
who testified that that is exactly what happened. Despite the State's
efforts of calling their own expert to rebut the defense theory, Matt
obtained a
Set Aside of the DMV license suspension and a
DISMISSAL of the DUI charges in Court.
Here is one recent review posted by an actual client:
"Matt saved me on a DUI. He made a deal with the prosecutors even after
they told him none would be made. He stuck to his non-argumentative advocacy
of my case, figured out a couple technical points to file motions about
(thus making more work for the prosecutors should we go to trial), and
ultimately got them to cave to a lesser charge of "wet reckless".
This saved me money, and moreover, prevented me from having to get the
dreaded "blow device" installed in my car. Matt had already
been paid his fee, so he had nothing more to gain, and could have easily
just allowed me to take the stiffer penalty, but HE DID NOT GIVE UP. Am
super satisfied and full of gratitude for Attorney Matthew Ruff".
The Highest Success Rate!
On August 1, 2023 DUI Attorney Matthew Ruff was successful in getting driving
under the influence charges, driving above .08 BAC and child endangerment
charges dismissed in Los Angeles Superior Court. The case stemmed from
a May arrest when the client was observed weaving and braking for no apparent
reason. The officer detected a strong odor of alcohol emitting from the
vehicle and an investigation ensued. The client reportedly failed all
fst exercises and blew a .09 BAC on the PAS test, she was subsequently
arrested. The client had her 8 year old son in the car at the time and
was booked on VC 23152a, VC23152b and PC 273 AB (child endangerment).
In Court Matt knew he had to get the charges dropped because the client
was a nurse. Miraculously, after putting together a strong mitigation
package, Matt got all of these
charges DISMISSED!
Matthew was successful in obtaining a set aside of a license suspension
for a alleged refusal after a hearing on June 20, 2023. The facts are
as follows: The client was stopped in the 200 block of Palos Verdes Drive
West after her vehicle was observed failing to stop at the posted stop
sign at PV Drive North and PV Drive West. Upon contact the officer observed
watery/glassy eyes and the odor of an alcoholic beverage emitting from
her person. She was asked to exit her vehicle and perform field sobriety
tests, she declined. A quick HGN evaluation was done and she was arrested
for VC 23152a. She was advised of her obligation to submit to a chemical
test and initially agreed to a blood test, however upon arrival at the
hospital she refused to cooperate. A search warrant was obtained and her
blood was collected. The officer confiscated her license and served her
with an order of suspension. She hired Matthew who immediately stopped
the suspension and got a formal hearing. At the hearing Matt presented
evidence his client
did not refuse and the DMV agreed,
RETURNING HER LICENSE.
Matt was called upon to defend a client arrested for DUI in Santa Clarita
California after he was found passed out behind the wheel at the intersection
of Soledad canyon Rd. and Bouquet Canyon Rd. His vehicle was blocking
the lane of travel at that location. CHP officers woke him and detected
an odor of alcohol on his breath, slurred speech and other signs indicative
of impairment. He was given the standard HGN, Walk and Turn and One Leg
Stand tests and a PAS breath test which showed a .18 Blood Alcohol Concentration.
He was arrested and a later evidentiary breath test was twice the legal
limit in California. The CHP took away his license and issued a citation
with a future Court date. The client had a prior DWI within the last 10
years in Los Angeles County and therefore was facing a mandatory 1 year
APS suspension from the DMV before he ever got to Court. He hired Matt
and a DMV hearing was granted as well as a request to "stay the suspension"
pending the hearing. At the hearing Matt presented evidence and argument
that the breath results were inadmissible due to a lack of foundation
of the "time of driving". He further argued the "3 hour presumption" was inapplicable. The DMV hearing officer agreed with Matt's
arguments and
SET ASIDE THE 1 YEAR DMV SUSPENSION and gave back the license.
Top Torrance DUI Attorney Matthew Ruff was hired by a young man who was
arrested after he entered into a sobriety checkpoint. The officer supposedly
made observations of slow/slurred speech, red/watery eyes and an odor
of alcoholic beverage. He asked the client to exit his vehicle for field
sobriety tests at which time he claimed the client was unsteady and had
to hold onto the car for support. The client refused all sobriety tests
and was arrested. He later refused all chemical tests. He was booked and
later released with a Court date and a pink license suspension notice.
He hired Matt who immediately obtained the reports and demanded a DMV
hearing. Matt reached out to the City Prosecutor and the
CRIMINAL CHARGES WERE DROPPED. Matt later defended the client at the refusal hearing at the DMV where
he got the officer to admit procedures were not properly followed and
the hearing officer
SET ASIDE the refusal suspension and returned the license on July 7, 2021.
Matthew was hired to represent a young woman on a driving under the influence
case in Torrance Court that involved a Redondo Beach arrest. It was her
second DUI and she had another case pending in the Compton Court. This
case stemmed from a stop of her vehicle after a RBPD officer observed
her weaving on Prospect Avenue near Emerald. The officer claimed she swerved
into his lane and he had to brake in order to avoid a collision. Another
cop arrived and discovered she did not have a valid drivers license and
administered FST exercises that consisted of the HGN, Romberg Stand, walk
and turn, one leg stand, and finger to nose test. According to the officer's
report, she failed to perform these tests correctly and was arrested.
A breath test was administered which displayed results of .27/.28 BAC.
Matt knew he had his work cut out for him but he perservered and filed
motions attacking the City's case. One of the motions was a 1538.5
which challenged the stop and arrest. At the hearing on the motion in
April 2021 the prosecution relented and
DISMISSED THE ENTIRE CASE.
It is important to understand that not all cases result in dismissal of
all charges, sometimes the goal is to avoid jail in cases where the facts
and circumstances are challenging to mount a defense. For example, in
one recent case Matt defended a client charged with DUI and a seperate
speed enhancement because the client was caught speeding over 100 mph
on the 405 Freeway. The law in California allows the prosecution to charge
this "special allegation" which carries a mandatory 60 days
jail, if convicted. In this case that is what the DA was asking for at
arraignment. Matt set the case for pretrial and put together a mitigation
package and presented it to the District Attorney who agreed to
DISMISS THE SPEED ENHANCEMENT and negotiated NO JAIL and the short 3 month class, even though the BAC
was .22 breath test.
.20 BAC SPECIAL ALLEGATION DISMISSED!
Matt represented a young man arrested in Santa Clarita after an accident
in Sand Canyon. The client was given a breath test that recorded a .19
BAC. He later was given a blood draw that weeks later revealed a .17 BAC.
Matthew knew he had his job cut out for him but fought the case hard and
obtained a set aside of the DMV suspension after he presented evidence
casting doubt on the reliability of the tests in the case. Subsequently,
in Valencia Court on July 18, 2019
HE CONVINCED THE DA TO DROP THE DUI CHARGES and offer a wet reckless which saved the client from having to install
the ignition interlock and saved his driver's license.
Matthew was hired by a client arrested in Torrance and booked for Felony
DUI with injury after she rear ended another car at a red light. The person
claimed injury and was transported to Torrance Memorial Hospital. Meanwhile,
the client was told she would have to post $100,000.00 bail in order to
be released. Matt got involved quickly and went to the jail where he met
with the watch commander and accomplished a
release of the client on her own recognizance (O.R. release) that required her to post no bail.
She was released to her family later that day. In Court at the arraignment,
the DA argued for $130,000.00 bail because the victim sustained a broken
finger, however MATT was able to persuade the Judge to allow her to remain
out on her own recognizance.
A prior client hired Matt to defend him on his third DUI in Orange County
California, Fullerton Court. The District Attorney charged him with child
endangerment and resisting arrest as well because he fled the police after
they tried to pull him over, leaving his 4 year old daughter in the car.
Matt had a steep hill to climb, however he put together a strategic defense
alleging violations of the client's Constitutional Rights. Before
the motion could be heard the DA dropped the charges involving child abuse
and resisting and a
NO JAIL deal was worked out.
Matthew was retained to defend a client arrested for DUI in Redondo Beach.
The case involved an accident with a parked car near the Pier. The client
was a nurse and had 2 prior DUI arrests and was on probation out of Torrance
Court. ( A 3rd DUI in California carries a minimum of 120 days in jail).
Matt knew he had his work cut out for him. He put together a case where
he negotiated a deal for
NO JAIL TIME. Probation was reinstated and NO COMMUNITY SERVICE was imposed. If you
have been arrested for a DUI in Redondo Beach, Matt can help you as well.
In another noteworthy case Matthew got a
NOT GUILTY verdict on a DUI case in San Fernando this week. The client blew .11 on the breath test and
was under 21. The jury was out for less than 1 hour and returned not guilty
verdicts on all counts. The client was arrested by the CHP last year and
was ecstatic about the results.
Client was arrested for DUI after he was found passed out inside his car
in Santa Clarita. The arresting officer detected a strong odor of alcohol
and he failed the FST tests. A breath test revealed a .12 BAC. The client
was a recent college graduate and was in an EMT program with aspirations
of becoming a paramedic. Matt met with the DA and negotiated a
DISMISSAL of the DUI charges, saving his driving record and clearing a path for his ability to become
a paramedic.
Matthew was retained by a member of the Redondo Beach Yacht Club who was
stopped shortly after she left the Marina. The officer claimed an anonymous
caller reported seeing a woman matching her description enter her car
carrying a glass of wine. Upon stopping the vehicle the cop smelled the
odor of an alcoholic beverage and observed symptoms of intoxication. An
arrest was made and a blood test was given showing a level of .14 BAC.
Matthew believed the stop was unlawful and filed a motion challenging
the arrest in Court and at the DMV. The DMV agreed with Matt and threw
out the case, returning her license immediately. The Court initially denied
the motion but Matt appealed and got the case thrown out in Torrance Court,
ALL CHARGES DISMISSED!
In another noteworthy case, Matt was hired by a Redondo Beach resident
who was found inside his car, near a bar, intoxicated at 2 am with the
engine running and lights on. The accused was very inebriated and blew
a .13 BAC on the breathalyzer. Matthew took the case because he believed
the client was not guilty of DUI because he never drove the vehicle after
drinking. A DMV hearing was scheduled and Matt argued his client was wrongfully
arrested and the evidence was insufficient to show driving at a time his
blood alcohol level was at or above .08. Following testimony of the officer
and the client, the DMV agreed with Attorney Ruff and found the arrest
was illegal, returning the license immediately! Subsequently,
all criminal charges were dropped by the Redondo Beach City Prosecutor.
Call or Text Matt at 310-686-1533
Just this month Matt won a rising BAC case for a client facing a second
time DUI in Pismo Beach California. The client was stopped for speeding
by Grover Beach PD and was arrested after FST and blowing .12 on breath
test. Matt argued he was in an "absorptive phase" at the time
of driving and was actually below .08 at time of stop. He presented expert
testimony to support the defense. The DMV agreed with Matthew and
SET ASIDE the suspension of his license.
Here is another
actual client review posted on Yelp:
"I started fighting my DUI with a different attorney who, unfortunately,
passed away. Matthew Ruff was kind enough to pick up where that good gentleman
left off, despite having an already full caseload. While waiting outside
the courtroom to speak with him about my case for the first time, I saw
another attorney approach him and ask him for advice; that's when
I knew I had the right man on my side. When my brothers, (who were also
my witnesses), saw him for the first time they joked that he had "lawyer
swag". He was very confident and when facing a criminal case you
want someone who is confident in their ability. I was ridiculously nervous
but he never seemed to be, and that helped put me a little more at ease.
When I was at my wits end and just wanted it to be over, I was willing
to take the deal that was being offered. He told me he never recommends
someone take a deal just because they're frustrated. And I'm so
glad that I didn't. When I think back to all of the people I watched
stand up in front of the judge, their lawyer beside them, plead guilty
or no contest I'm thankful for the fact that I had Matt. He could've
let me take the plea so he didn't have to deal with a trial. That
could have been me, stuck in 9 months of DUI classes, paying tons of money
that I don't have in fines and court fees. Instead, my case didn't
even make it to trial because of a motion Mr. Ruff filed that the judge
granted, and my case was dismissed. This whole ordeal was one of the worst
experiences of my life - I'd never been to court for even a traffic
ticket and had now been arrested and spent Christmas day in jail instead
of with my children. The stress of wondering what was going to happen
and whether or not I would ever be able to get a teaching job once I finished
my program was emotionally exhausting. Matt Ruff has my most sincere gratitude
for bringing it to an end and restoring my piece of mind. I truly can't
thank him enough".
Matthew goes to great lengths to defend a driving under the influence case. One way he makes sure he is doing everything he can to get to the truth
is by obtaining the Maintenance History and Accuracy Check Logs on the
breath machines used against his clients. In Los Angeles County, most
breath testing devices are the "Datamaster DMT" machine which
is maintained and repaired by the Los Angeles Sheriff's Department
(LASD). Matthew requests ALL of the records relating to the specific machine
used in your case. He gets the serial number from the breath strip printout
and goes about collecting the full history of when the apparatus was last
repaired, when it was last checked for accuracy, and when it was last
calibrated. Using this data, he is able to "punch holes" in
the reliability of the blood alcohol alleged in your case. In one particular
case he was able to show the breath testing machine was reading high,
showing a false and inflated BAC which got the DA to drop the charges
in that case.
New laws have been enacted in the last few years that allow those arrested
for driving under the influence to get their driver's license back
with no actual suspension. Here are the two options that first offenders
have for reinstatement following a conviction for 23152: 1). Apply for
an Ignition Interlock Device (IID) restriction for 6 months, or 2). Apply
for a work and school restriction for 12 months with no IID. Both options
require enrollment in classes, SR22, and fees to the Department of Motor
Vehicles. Prior to these new laws an offender would have to wait a minimum
of 30 days before he or she could start driving again. Certain conditions
apply before reinstatement can occur. Matthew is an authority on this
new legislation and has written articles on the subject. Call Matt for
more information on how they can help you get back on the road.
Matthew stays in touch with all of the latest scientific studies related
to dui enforcement in California. For example, Recently the University
of San Diego launched a prolific study on cannabis and how it impairs
driving ability. The study seeks to find levels of THC at which everyone
is too high to drive. One of the biggest problems associated with the
study is that the United States Government classifies pot as a schedule
1 drug with no medicinal value, therefore getting the marijuana to administer
the test subjects will likely be a challenge given the national agencies
involved in the project. Unlike alcohol which has set per se levels at
which all drivers are considered under the influence, marijuana lacks
the nexus between set levels of THC and known impaired ability.
Attorney Ruff knows all of the ways the cops, labs and prosecutors cheat
in drunk driving cases is what sets Matt apart from most lawyers. For
example, Did you know that the testing equipment used to capture and report
a person's blood alcohol level is prone to error for many different
reasons. For example, most breath machines used by police departments
in California work under the "assumption" that the subject is
a "normal" person with normal characteristics. However, these
assumptions often falsely report a large segment of the population. One
major way the devices fail to accurately measure a true blood alcohol
level is due to the assumed temperature of the person blowing into the
device. If the subject has an elevated body temperature the breath tester
will overstate the BAC by about 8% for every degree above "normal".
Therefore, a person with a high temperature due to fever, flu, cold or
infection who blows a .08 or .09 can very likely be falsely charged with
DUI even though they are innocent.
In particular, breath machines are prone to certain kinds of error known
as "variation from value". This error stems from sloppy accuracy
test checks done by law enforcement. Here is how it can falsely report
a subject's true BAC: When the device is checked it is done using
a simulator solution with a known value of alcohol, this solution is run
through the device and the reported value should be exactly the same as
the known value, but often it is much higher, this is known as a vacation
of value. The problem arises in low BAC cases where a person may be reported
as a .08 when in fact they are a .07. The only way to know this is to
subpoena the records and check, but many attorneys don't do it. Matthew
does and has beat a number of cases on this little known dirty little
secret in the law enforcement community. Anyone arrested for DWI or drunk
driving should contact a lawyer to discuss this and a litany of other
errors that can occur with blood or breath alcohol testing.
4 Reasons Matthew Ruff Is The Attorney You Need To Defend Your DUI
1. Matthew has defended well over 4000 DUI and Criminal cases with over
25 years experience fighting driving under the influence charges for his
clients. This experience makes a BIG difference in how your case is resolved.
100% of his practice is a DUI, criminal charges and DMV hearings. Unlike
many other lawyers, he
does not handle other cases such as divorce, personal injury, bankruptcy, etc.
He is a "master of DUI" which is why he is rated 10/10 by the
nations largest attorney rating service AVVO and an exemplary record with
the California State Bar. Experience counts, hire the lawyer with 2 decades
of case law under his belt. Matthew has taught other lawyers on DUI and
DMV defense in seminars and other training courses. Matt routinely attends
training on new techniques for defending these cases so that he may be
"up to date" on any new developments in science or the machines
used to determine your blood alcohol level. He is considered an expert
in the inner workings of breath testing equipment in the state of California.
He belongs to all major organizations devoted to the education and he
support of DUI defense and protection of crucial Constitutional Rights.
2. Matthew is an active member of the
National College of DUI Defense. This organization is committed to the mastery of all legal aspects of
impaired driver defense. When choosing to hire a lawyer to defend your
case you should inquire whether the practioner belongs to NCDD as this
is a strong indicator that he or she takes these cases seriously and is
actively involved in keeping up to date with all the latest techniques,
new case law and trends.
3. When you hire the Law Office of Matthew Ruff you get Matthew as your lawyer.
Unlike many other firms, the person you talk to on the phone may not be
the person representing you, you may speak to the experienced attorney
who signs you up only to discover that another stranger is appearing for
you in Court and at the Department of Motor Vehicles, or you get "passed
off" to other lawyers within the firm throughout the course of the
case. This will NEVER happen when you hire Matthew Ruff, in fact he gives
you his cell phone number when you hire him so that you can speak to him
directly when you have questions, concerns or require updates about your
case. You will NEVER be "passed off" to a paralegal, case manger
or secretary.
4. NO HIDDEN COSTS. Matthew charges a flat fee for all substantive representation
in the case. The fee includes handling all Court appearances in criminal
court and the DMV license suspension hearing associated with the arrest
which takes place at the Driver Safety Office of the DMV. Prior to commencing
any services you will be provided a written contract that will spell out
exactly what fees will be required
Matthew has received dozens of five star ratings by all major review sites
in his 23 years of practice, here is a recent example of a satisfied client's
review: "My wife retained the services of Matthew Ruff to represent her in a tough
DUI case. Her situation was unfavorable at best, however Mr. Ruff exceeded
our expectations in representing her and we ended up with a favorable
conclusion to the case in 2015. I recommend this attorney based on our
experience and he well deserves a five star rating!"
If you are reading this right now it is probably because you or a loved
one has been arrested for a DUI in California. This wesite was designed
to give you the critical information and resources necessary to understand
the basics of Driving Under The Influence charges and its potential consequences
and mandatory penalties. After you are arrested and facing a Court date
you need to choose a qualified DUI lawyer quickly, unlike many other crimes
where you can wait until your arraignment, this state punishes those who
fail to take immediate action and affirmatively request a hearing to challenge
their license suspension. A competent and skilled California Defense Attorney
will be able to evaluate your situation and set an effective strategy
to get you the best result possible. Matthew Ruff can answer your questions
about DUI law and the potential consequences one may face. Be aware that
not all lawyers have the experience and PROVEN TRACK RECORD to represent
you on a DUI, Attorney Matthew Ruff has successfully represented those
charged with operating a motor vehicle while impaired and DRUNK DRIVING
for over 20 years with Offices in Central and Southern California. He
welcomes your call for cases in Torrance, Bakersfield, Redondo Beach,
San Luis Obispo, Los Angeles and all of California. You have come to the
right place to get the important legal information you need to know about
CA driving while intoxicated Law and appearing in Court for your DUI . View
Matthew Ruff's client reviews on AVVO.
Contact DUI Attorney Matthew Ruff now, toll free at
1-877-213-4453
Question Of The Day: How does my GERD affect a breath test? GERD is a medical condition which
causes chronic heartburn. It is caused by the backward flow of stomach
contents into the esophagus due to a weak or damaged hiatal sphincter.
A person with this disease is not a good candidate for breath testing
if they had a recent drink of alcohol. Why? Because breath machines are
based on an assumption that the sample being tested is "essentially
alveolar" air or air that comes from the deepest recesses of the
lungs near the alveoli air sacs. If the sample is mixed with stomach contents
due too GERD then the test is compromised. The studies in the area are
mixed but the scientific consensus is that it may have a detrimental impact
on achieving a person's true BAC. Matthew is proficient with the science
and law in the area, he has experienced presenting the defense to a jury
and has obtained a "not guilty" verdict with a client that blew
.14 into a breath machine with the medical condition.
A person's health may also impact other ares of a DUI investigation.
For example, if a suspected drunk driver has an elevated body temperature
due to a case of the flu then it will have a deleterious affect on the
breath test. The reason for this is that the machine presumes the temp
of the patient is within normal ranges, if the temperature is elevated
it will naturally raise the reported BAC anywhere from 5-15 percent.
There have been many changes in the laws pertaining to DUI defense in the
last few years. For example, our U.S. Supreme Court handed down a landmark
decision that changes the way cops can obtain a blood sample from suspects.
For the last decade the police have been incresing their use of "forced
blood draws", holding people down and forcibly extracting a blood
sample without the person's consent. The Justices put a stop to that
in the Mcneeley case and now command the police to obtain a search warrant
unless consent is obtained. Moreover, the way in which the blood is drawn
must now comport with Constitutional standards and is subject to attack.
the bottom line is that if you have been arrested and the police took
blood from you, there is a good chance there may be a challenge to that
evidence in Court. Just this year the Justices again handed down a landmark
case that know permits law enforcement to pull over a motorist based soley
on an anonymous tip that the driver may be impaired. Cases such this further
evidences the fact that there is a "DUI Exception" to the Constitution
in the United States.
It is important for someone arrested for DUI or Drunk Driving to call a
Lawyer within 10 calendar days after the arrest in order to avoid mandatory
license suspension consequences. This applies to persons with a California
license as well as those with out of state driver's licenses. If the
individual waits until his or her Court date the driving privilege will
have already been suspended and there will be no ability to obtain a hearing
to fight the suspension at the DMV. In most cases we can appear in Court
and resolve the criminal charges without the client having to appear.
We can also fight the DMV suspension without our client needing to testify
or appear at the administrative hearing. We specialize in defending DUI
charges for people who do not live in California or the city where the
arrest took place. For example, if you were visiting Southern California
and were cited for a DUI in Los Angeles, Redondo Beach, Torrance, Hermosa
Beach, Bakersfield, Kern County, Manhattan Beach or traveling the beautiful
central coast and stopped in Grover Beach or San Luis Obispo, we can represent
you from start to finish and you may never need to return to go to Court.
Some Actual Past Case Results
On July 10, 2014 Matthew obtained an acquittal of all charges relating
to an underage DUI in Santa Clarita Court. The case progressed to trial
in order to obtain a disposition that did not result in any license suspension
or DMV ramifications for the 20 year old client. Here are the facts of
the case: A stop was made by the CHP on the 5 freeway for speeding and
no front license plate. The officer claimed he contacted the driver and
detected an odor of alcohol inside the car. He asked the occupants to
exit and conducted field sobriety tests on the client along the roadsid.
A preliminary alcohol screening breath machine was used and displayed
a result of .07 and .06 BAC. The license was confiscated and the car was
towed. Client was issued a citation for VC 23140 (driiving with a BAC
above .05 while under 21 years of age. At trial Matt cross examined the
CHP officer and elicited evidence that the breath machine was possibly
unreliable and failed to comply with the manufacturer's guidelines
and the evidentiary rquirements set forth in the California Statutes.
The Judge found the 20 year old
NOT GUILTY.
Matthew was hired by a client who worked for a major utility company in
California. The accused was facing mandatory loss of his current position
within the company that required that he possess a commercial license.
The facts were that he was stopped while traveling on the 605 freeway
around 2 a.m., heading home from a friend's house where he had consumed
some wine after dinner. The CHP stopped him for speeding and weaving.
He was given a breath test in the field which registered a .11% BAC. Matthew
took his case and immediatly laid out a defense with the help of a toxicologist.
The case was presented at the DMV hearing where he was able to obtain
a "set aside" of the suspension of his license. Thereafter,
in Court he filed various motions leading to the DA agreeing todismiss the DUI charges and allow a plea to reckless driving in April 2014.
Mr. Ruff represented a young woman charged with DUI and a refusal allegation
after failing to submit to a breath or blood test in Long Beach California.
The police reported that the accused left a bar in Belmont Shore and drove
while intoxicated until she stopped and was arrested at the scene following
a 911 call. The client, a gudance counselor at a nearby University, faced
a 1 year automatic license suspension due to the DMV action relating to
the refusal. After a hearing in El Segundo Matthew got her license returned.
In Court, Matthew filed a suppression motion asserting that his client's
rights were violated by the police. In September of 2013 a Judge agreed
with Mr. Ruff and
threw out the case.
Matthew represents many clients in the area of DUI and drunk driving. Not
every case results in the charges being thrown out and the case dismissed,
however, there are a significant number of outstanding results for clients
he defends. For example, in one noteworthy case he was retained to fight
for a young man new to the state of California from North Carolina. The
client was stopped by the CHP shortly before 2 am for not having a front
license plate on his car. The officers observed an odor of alcohol, slurred
speech, bloodshot and watery eyes and an unsteady gait when they contacted
him. He was subsequently arrested for driving under the influence and
was commanded to submit to a blood test. The test came back a couple weeks
later as a .23% BAC. Matthew demanded a DMV hearing and challenged the
stop of the client arguing that the accused was stopped illegally and
his constitutional rights were violated, the DMV agreed and dismissed
all charges against the client and returned his driving privileges. (Anyone
reading this information must understand that each case presents its own
unique defenses and challenges, just because a dismissal or great result
was achieved in one particular case does not guarantee a similar result
in your given situation).
What are the consequences of being convicted of DUI if you are a DACA recipient?
In short, a conviction for VC23152 or VC23153 is a
per se bar to DACA. In implementing the DACA program, DHS included strict bars,
including a conviction for driving under the influence. The Deferred Action
For Childhood Arrival rules expicitly state that if you have been convicted
of a "significant misdemeanor" such as driving while intoxicated,
you will not be considered! Fortunately, Matt understands the significance
of this type of situation and he fights the charges to avoid a conviction
for such crimes.
Being Represented by the Right Lawyer Makes All the Difference
-
The decisions made following an arrest will determine your future. You
should not simply settle for a guilty plea because being convicted for
a DUI or Drunk Driving can lead to job loss, a criminal record, and potential
jail time. Here is why Matt is the right DUI Defense Lawyer for you:
-
Matt is available to speak to his clients directly and provides his cell
phone number to you at the outset of the case. He does not believe the
client should have to go thru a legal secretary or paralegal in order
to speak with their attorney.
-
Matt is willing to discuss your case with you initially at no charge in
order to assess and quickly determine your options regarding your drivers
license, DMV consequences, Court action and possible employment consequences.
-
Matt handles both big and small cases from alcohol related homicide and
manslaughter to infractions such as open container, underage 21 DUI and
public intoxication.
-
Matt will immediately seek to have his client released from jail pending
any Court appearance. Possible options are a release on the individual's
own recognizance. Bail, SCRAM or electronic monitoring program. He believes
having a client who is out of jail is essential to eventually prevailing
in Court on the criminal charges.
-
Unlike many other so called "DUI Specialists" Matt does not dump
your case or twist your arm to enter a guilty plea. Matt's philosophy
is that every case has issues which may form the basis of a viable legal
defense, the ultimate decision as to how far the case will go rests with
the client.
-
Matt has over 28 years of actual Court experience as a DUI attorney, former
District Attorney Office experience and Matt is in DWI and Criminal Court
(Superior Court) virtually every day and understands how Judges and prosecutors
actually view criminal cases. This experience has given Matt clear insight
into the thinking process of the people capable of dismissing the case
against you.
-
Matt will seek, whenever possible, to have the criminal allegations dismissed
prior to the charges being filed, Matt will obtain a temporary license
that will allow you to drive with full privileges pending the Administrative
Per Se DMV hearing.
-
Matt has an excellent reputation in the legal community as a top DUI attorney
among the local Judges and Prosecutors, as well as the DMV Driver Safety
Unit which handles all administrative suspensions arising from drunk driving cases..
-
Matt will take the case to a jury trial if the facts and circumstances
warrant it. He will pursue the "Not Guilty" or acquittal in
the case if necessary.
-
Matt keeps his clients personally informed and conveys the necessary information
and advice crucial to allow the client to make important decisions regarding the case.
-
Matt promises aggressive and diligent representation from the minute he
is hired to represent you.
-
Matt strives to avoid jail or any incarceration for his clients, even when
they may be charged with multiple prior convictions, felony DUI, speed
enhancements, child endangerment allegations, hit and run associated with
the incident or have a pending probation violation.
-
Matt has a proven track record of success (Dismissals and Set Asides at
the DMV) in all types of drunk driving and alcohol related offenses.
-
Matt was given an A+ rating with the Better Business Bureau.
-
Matt has been Rated a "Superb" Lawyer by AVVO
Unlike other DUI Lawyers, Matt only practices criminal defense which is
what a DUI is, thereby allowing him to focus on one area of law. Matt
represents his clients in both the Criminal Court on the charges and at
the DMV drivers license suspension hearing in order to protect their very
important driving privilege.
What about representation for a minor for underage DUI? Well, Matthew has
special expertise in defending young people accused of driving while above
the legal limit in Torrance, Redondo Beach, Palos Verdes, Manhattan Beach
and El Segundo, among the many cities in Los Angeles County. The law states
that anyone under 21 who drives with any measurable amount of alcohol
has violated state law and faces a mandatory loss of license. However,
these cases have unique defenses that can result in a dismissal of the
charges in Court and consequently the DMV. For example, recently
Mr. Ruff got the case dismissed for a Palos Verdes Estates youth arrested in El Segundo. The lawyer successfully
challenged the case in the Superior Court arguing that the breath test
was inadmissible due to a failure of the state to show the machine was
in good working order at the time of the test. You do not have to accept
a DWI arrest as meaning your record is tarnished for good, matthew can
help get the charges dropped or minimized if you want his help.
Top 5 Ways To Beat A DUI Charge:
1. Illegal Stop or Detention. The United States Constitution gives each and every one of us the protection
from unreasonable siezures by the police. If a cop pulls you over he or
she must articulate facts sufficient to establish a "reasonable suspicion"
of criminal activity. In some cases a stop is made based on curiosity,
hunch or a desire to simply "check a person out". When the stop
is made without probable cause Matt will get the case dismissed.
2. Lack of Compliance With Regulations. California mandates the compliance with certain protocol when it comes
to breath and blood testing. Matt is an expert in the regulatory requirements
and if the cop fails to follow the rules Matt can get the charges dropped.
3.
Violation of Your Rights. Every person charged with driving under the influence has specific rights
set forth in the California Constitution and these rights are critical
to the prosecution of a criminal cases. Rights such as the right to counsel,
the right to be free from unreasonable searches, the right to remain silent,
etc.. Matt knows your rights and when the government violates your rights
Matt can get charges dismissed.
4.
You are Innocent. Proving that someone is guilty of driving under the influence in California
requires that the evidence shows they were actually above .08 at the time
of driving. In some cases an individual can be in the absorptive phase
of the alcohol process which means their BAC is getting higher as time
goes by. In these cases, depending upon the drinking pattern, a lawyer
may be able to show that the client's blood alcohol level at the time
of driving was lower than when the person blew into the breathalyzer.
This defense is called a "Rising BAC Defense" and Matthew has
used it many times to win cases in Court and at the DMV.
5. The Breathalyzer Was Not Accurate. Breath tests are by far the most common chemical test taken during a
drunk driving investigation. According to the Top Torrance DUI Lawyer
Matthew Ruff, breath machines are highly prone to false results. Among
the most common reasons are operator error and medical conditions. For
example, if the subject has GERD or acid reflux he or she is not a good
candidate for breath testing, a blood test is more suitable. With regard
to operator error, the machine user must follow the precautionary checklist
and not deviate in the slightest. The problem is most officers try to
rush the test and ignore crucial steps which result in false positives
and exageratted BAC levels.
As a seasoned Torrance DUI Defense Attorney Matthew endorses the policy
that no one should knowingly drive with any measurable amount of alcohol
in a person's bloodstream. The reason I believe this to be a safe
policy is not because it is illegal to do so, but it is due to the fact
that most police and law enforcement agencies will arrest you if they
detect any odor of an alcoholic beverage on your breath. Hopefully you
will follow this advice, however for those who do not we give the following
information for people contacted by a traffic cop behind the wheel after
consuming an alcoholic beverage:
Quick Do's and Don'ts when being investigated for a DUI Charge
Do not disclose the number of drinks consumed, this information is requested
for one reason only and that is so that you can be locked into a specific
set of facts that may preclude defenses from being raised later
Do not agree to take any hand held Preliminary Alcohol Screening Device
(PAS) Breath Test, unless you are under age 21 or are on probation for
a DUI, the law does not require it. These devices are not accurate, they
have the potential of spreading disease when bacteria builds uo inside
the machine, and can only hurt your chances of prevailing in Court. By
law, the arresting officer should admonish the driver that they can decline
to take the PAS, but most police officers do not clearly advise the suspect
properly. It is perfectly acceptable to ask the cop if you have the option
of refusing the test.
Do not agree to submit to any Field Sobriety tests. First of all, they
are not "tests" you do not get a score and they are completely
subjective. Do not take them. Most experts agree that the "tests"
are accurate in showing alcohol impairment, at best, in roughly 70% of
the cases, that means at least 3 out of 10 drivers are falsely accused
of DUI if the arrest is based solely on FST evidence.
Do not make admissions about your level of intoxication or sobriety. Remember,
you have the right under the Constitution to remain silent-exercise that
right! Saying "I feel a little buzzed" or the drinking "made
me tired" is the same as saying you are guilty of driving under the
influence.
Do not tell the officer where and when you were drinking. This information
is used to deny you the chance of utilizing a rising blood alcohol defense in Court.
Do ask to speak to a Lawyer before answering any questions about drinking
or your level on intoxication following a DUI traffic stop. You have the
right to do this (the exception is choosing which test you will submit
to, speaking to a lawyer before choosing the breath or blood test is not
permitted in California).
Do take the breath test (not the PAS), when given a choice between breath
or blood, upon being lawfully arrested. The breath test is easier to challenge
than the blood test.
Do consult a DUI Lawyer immediately upon being released from jail. You
must get the vital information about preserving evidence, securing vital
witnesses and obtaining necessary Court dates and a temporary license.
Do not go to Court and try to represent yourself. Would you operate on
yourself if you had a medical condition?
Do not delay in requesting a DMV hearing ASAP in order to save your drivers
license after a DUI arrest. You have 10 days to avoid certain license
suspension.
If you or someone you care about is facing a DUI charge,
contact the DUI Attorney who fights for his clients.
Call DUI Attorney Matthew Ruff toll free at
1-877-213-4453.