Call Top Redondo Beach DUI Attorney, Matt Ruff
Nationally Recognized Top Redondo Beach DUI Lawyer,
Call Matt Direct: 310-686-1533
Matthew has over
25 years experience, and is a nationally recognized TOP TIER DUI LAWYER and member of the
esteemed National College of DUI Defense. Because his office is in the
South Bay he handles more drunk driving arrests in Redondo Beach than
just about any other attorney.
Enforcement of driving under the influence in the south bay has increased
10 times over the last 5 years, due largely in part to groups like MADD.
Have you been pulled over in Redondo Beach and cited for driving under
the influence? Local attorney Matthew Ruff can help. Did you know that
a drunk driving incident does not need to automatically result in a suspension
of your license in California. In fact, the law provides for an opportunity
to challenge the state's evidence at a formal hearing, but only if
you take action to request it within a timely manner. Moreover, an arrest
for drunk driving does not mean you are stuck with a DUI on your record
forever. Call us to get information to fight the charges and keep the
accusation from destroying your good reputation.
Legal Questions of the Day, What is the "3 Hour Presumption" Rule?
In California, the law requires that chemical testing of a driver take
place as soon as possible after the driving. This is important because
a person's blood alcohol concentration (BAC) changes rapidly over
time. Consequently, in order to determine a driver's blood alcohol
level at the time of driving the sample must be collected within 3 hours
in order for the prosecution to say it was the BAC at driving. In DUI
cases this means the blood collection or breath test must take place within
3 hours of the time driving occurred. When the presumption is found not
to exist the prosecution must establish the BAC through other independent
evidence, often with the use of an expert. This "presumption"
is also referred to as a permissive inference in criminal court because
a presumption affecting the burden of proof has been held to be unconstitutional.
What is a Speed Enhancement?
In California, Vehicle Code section 23582 provides an enhanced penalty
of 60 days in county jail for anyone who, while driving under the influence
on a freeway, drives both recklessly and exceeds by 30 miles per hour
the prima facie, maximum, or posted speed limit. If the DUI defendant
drives recklessly on any other street or highway, the enhancement applies
if the defendant exceeded the prima facie, maximum, or posted speed limit
by 20 miles per hour and drives recklessly. The enhancement requires that
the DA prove the driving was inherently "reckless" aside and
apart from the DUI. This means that the police officer must set forth
specific facts in his report to establish the accused drove in such a
manner to endanger the lives of others on the roadway. It is not uncommon
for the prosecutor to use this section as leverage during plea negotiations,
however most experienced attorneys can successfully argue for dismissal
and therefore spare the client from any actual jail time.
In one recent case Matt was able to save a client's license after being
arrested for drunk driving by the CHP and submitted to a blood test which
showed a .25 BAC. Matt demanded a DMV Hearing and presented evidence that
the blood collection violated California State Laws. He questioned the
State's Expert who agreed that his client's blood alcohol level
was unreliable. In the end the DMV agreed and restored the driving privileges.
Here is an example of a recent case Matthew has handled: The client was
stopped after a citizen reported weaving on PCH. The police responded
to the area and also made observations of lane straddling and weaving.
The client was pulled over, given a number of field sobriety tests and
subsequently arrested. She blew into a breath machine which reported a
.11 and .10, respectively. She was booked and spent the night in the Redondo
Beach jail. Upon release she was given a Court date and immediately called
Matthew about her options. He explained that the machine can sometimes
be wrong and suggested methods to investigate the true facts of the case.
He went to Court and was able to negotiate a dismissal of the DUI charges
and got a reduction to a reckless driving, thereby sparing the client
the dreaded requirement of having an ignition interlock in her car for
5 months, among other things.
Indeed, people from all walks of life can find themselves in the situation
of having been arrested for a DUI in the Redondo Beach area. The city
attracts people wanting to have a good time and the huge number of bars
and drinking establishments in Redondo Beach and the other Beach communities
makes it easy to get into trouble. As harmless and as common as enjoying
a couple of cocktails or a few beers on the pier or near the strand may
seem, if you happen to be stopped by a Redondo Beach Police officer or
get pulled over by the South Bay DUI Task Force you can expect to be run
thru a series of field sobriety tests and be asked to submit to a breath
or blood test and very likely be arrested. This is where a local Redondo
Beach Drunk Driving Lawyer can help, for both alcohol, drug allegations
and driving while under the influence of marijuana or prescription drugs.
Attorney Matthew Ruff has defended hundreds of good people caught up in
the net of aggressive DUI enforcement in Redondo and the surrounding cities
of Hermosa Beach and Manhattan beach, he can help you.
Matthew Ruff can be reached locally at
(310) 527-4100
Given its close proximity to the ocean and the fact that the city is blessed
with great weather and awesome entertainment, Redondo Beach attracts thousands
of folks looking for a good time and the bars and clubs are quick to offer
plenty of alcohol and nightlife. With that in mind the police are very
vigilant in patrolling the streets and pier areas on the lookout for drunk
drivers or people who may have had a little too much to drink. An arrest
could stem from a traffic stop for any number of vehicle code infractions,
a detention at a sobriety checkpoint or a 911 call by a concerned citizen.
Whatever the initial reason, Matthew Ruff can help those facing a Court
date in the Torrance courthouse and assist in getting a DMV hearing to
save the client's drivers license.
Frequently Asked Questions About a DUI arrest In Redondo Beach California
Q. Why should I see an attorney about my Redondo Beach DUI?
A. A DUI can be either a felony or misdemeanor criminal offense, not just
a traffic ticket. If you are convicted of a DUI, there are mandatory consequences.
Your drivers license is automatically suspended unless you fight. Your
auto insurance rates will skyrocket, and the conviction may be added to
your credit report. If you are convicted in Court, you will be required
to install an ignition interlock device on all cars that are registered
to your address. If you hold a professional license, a conviction must
usually be reported to your governing agency. In short, you have a lot
to lose. So it makes good sense to see if you can defend yourself against
these charges. An experienced DUI criminal attorney can review the facts
of your case to find legal defenses to the charges. Understand, that not
all drunk driving charges are capable of being dismissed or even reduced,
but a lawyer can investigate the facts and circumstances of your case
and determine whether legal defenses may exist, if your state or constitutional
rights were violated or if the police failed to present the case fully
and honestly.
Q. What should I be looking for when shopping around for a defense attorney?
A. Most attorneys do not specialize in DUI Law, and you need a specialist
to defend your rights. When you're looking for a defense attorney
you should feel comfortable with the attorney and confident in his ability
in this type of case. When you have questions, make sure they're answered
to your satisfaction. Some firms use paralegals, case managers or secretaries
to interview clients. Be sure you talk directly with the DUI attorney
that will handle your case from start to finish. Remember, the first phone
call should give you an indication of the type of firm you are hiring,
is the person you are talking to going to be the attorney that will be
appearing with you in Court? It should be. Attorney Matthew Ruff gives
all clients a level of service and communication that is above any in
the business. When you call, you speak directly with Mr. Ruff, no middlemen.
Q. Could I represent myself in the Torrance Court?
A. All DUI cases in Redondo Beach are heard in the Torrance Criminal Court.
Trying to represent yourself doesn't make much sense. DUI is a criminal
matter and the prosecutors are highly trained and are seeking to get a
conviction against you. Take it seriously.
Q. What if I do not live in the area and can't appear in Court?
A. A local Redondo Beach DUI Attorney can appear for you in Court in most
cases, the Court is part of the Los Angeles Superior Court in Torrance.
You don't have to be present if you are represented by private counsel.
All DWI charges from Redondo Beach go to Department 5 on the second floor
in the Courthouse on Maple, the Judge presiding over all cases is the
Honorable Chet Taylor. All cases are prosecuted by the City Prosecutor,
not the L.A. District Attorney. If you live outside the state or in another
county, Matthew Ruff can and has resolved cases without the client ever
having to return to California or Los Angeles County. California law permits
counsel for the accused to make all or most Court appearances and even
enter a plea deal without the client needing to travel back to the city.
Moreover, if you missed your Court date and have a warrant for a failure
to appear on a DUI in Redondo, Hermosa Beach or Manhattan Beach we can
clear the bench warrant and help to get your license back.
Q. Should rely on the advice of family members, friends, or coworkers?
A. No, not a good idea. Everyone has deep misconceptions about the law
pertaining to driving under the influence. California criminal statutes
are extremely complex and often misunderstood by laymen, only a licensed
and experienced attorney can properly advise you on the best way to proceed
in your Redondo Beach DUI case, any other advice should be ignored.
Q. Can an attorney guarantee results?
A. Beware of any attorney who guarantees results. In the law, as in most
other areas of life, absolute certainty is not possible. However, the
best results in any case always come from a good professional relationship
with a competent attorney familiar with Drunk Driving Defense in the area
in which your case will be heard. Redondo Beach DUI attorney Matthew Ruff
provides his clients with the promise that we will aggressively and competently
defend their case using all resources, defenses and legal tactics available.
Q. Can I get my driver's license back?
A. Possibly. Each case has its own special facts, and there are valid legal
defenses that can be used against your DMV license suspension. One or
more defenses may apply in your case. Your Lawyer needs to request and
obtain an administrative per se hearing from the office of Driver Safety.
In the South Bay, all hearings are held in the El Segundo Driver Safety
office on North Sepulveda Blvd.
Q. What is the DMV APS hearing about?
A. The Redondo Beach Police officer is required by law to immediately forward
a copy of the completed notice of suspension or revocation form and any
driver license taken into possession, with a sworn report to the DMV.
The DMV automatically conducts an administrative review that includes
an examination of the officer's report, the suspension or revocation
order, and any test results. Matthew Ruff has an excellent track record
in getting license suspensions set aside. In the past he has overturned
suspensions on illegal stops, faulty breath and blood tests and unlawful
arrests to name just a few.
The DMV will suspend or revoke your drivers license if you don't challenge
the action. To do this, a formal hearing is arranged. Experienced Redondo
Beach DUI attorney Matthew Ruff can show proper procedures were not followed,
or that the blood or breath test was not administered in compliance with
state regulations, in doing so the test can be thrown out. Moreover, in
refusal cases the lawyer can show that the proper advisals were not given
or that the client complied with his or her obligations but the officer
misreported the facts due to bias or mistreatment of the driver.
Q. What is the legal definition of DUI?
A. In California the strict legal meaning of the term is to describe someone
who was driving when they were physically or mentally "impaired"
by alcohol or drugs. Drunk driving and DWI are common words in our every
day speech, which should tell us something about the extent and familiarity
of this growing problem. DUI defenders will tell you that the term drunk
driving has many official names including, DWI (Driving While Intoxicated),
DUII (Driving Under the Influence of Intoxicants), OMVI (Operating Motor
Vehicle Intoxicated), and OUI (Operation Under the Influence), and other
acronyms OWI, DUIL, DWUI. These web pages primarily use the expression,
DUI (Driving Under the Influence). All of these terms are used to describe
an offense involving being arrested by the police after driving and consuming
an alcoholic beverage. California has two primary offenses that constitute
the crime, those are Vehicle Code 23152(a) and 23152(b). For those under
the age of 21 the main statute that applies is VC 23140, this section
makes it an infraction to drive with any measurable amount of alcohol
in your blood if you are below the drinking age, it is often referred
to as the " zero tolerance " law.
Q. Is a DUI always a misdemeanor or minor offense?
A. Certain drivers may face felony DUI / DWI charges after a Redondo Beach
drunk driving arrest. Anyone with three prior drunk driving convictions
within the past 10 years will be charged with a felony on their fourth
arrest. A driver who causes injury to another person also may face felony
charges (VC23153). A DUI / DWI with an injury is considered a "wobbler"
offense in California, meaning it may be charged as either a felony or
a misdemeanor. It is also important to know that any person who has been
convicted of a felony driving under the influence (DUI / DWI) within the
past 10 years will be charged with another felony for any subsequent drunk
driving arrests within that time period (VC23550.5).
Q. How will a conviction for DUI affect my car insurance?
A. Although many insurance companies check your motor vehicle record only
once every three years or when you're applying for a new policy, if
you are convicted of either driving under the influence or driving with
a .08 or higher the DMV will require you to provide a SR-22 certificate
from your insurance company in order to keep your license. Sometimes,
accidents, tickets, and drunk-driving convictions can escape your insurer's
attention or don't end up on your motor vehicle record. However, if
your insurer does find out about a driving under the influence (DUI) conviction,
you're likely to feel the pinch of higher rates and possibly policy
cancellation or non-renewal. Rates can be doubled or tripled, although
this may be a price-gouging tactic. Hiring the right lawyer will help
to insure the "pinch" of a conviction will not be in your future.
If you or anyone you care about has been arrested for a DUI in Redondo
Beach, attorney Matthew Ruff can provide a vigorous defense. For well
over 15 years he has been fighting DUI cases and has handled hundreds
of alcohol and drug intoxication allegations in the Redondo Beach Court,
involving hit and run, priors, injury accidents, high BAC levels, refusals,
you name it. Due in large part to his familiarity with the local Judges
and prosecutors, as well as his extensive background in drunk driving
defense, Matthew has won cases where other attorneys have encouraged the
client to simply plead guilty.
If you need a Redondo beach DUI Attorney call us directly at
310-527-4100 to arrange a meeting in our South Bay office at 18411 Crenshaw Blvd. in Torrance.
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