It always feels good to win a DMV Hearing and preserve a client’s privilege to drive. Winning the third hearing for the same client felt like the equivalent of a not-guilty verdict after trial. Priceless!
San Bernardino, CA (PRWEB) February 20, 2013
Recently, a Wallin & Klarich client charged on three separate occasions for driving under the influence (DUI) had all charges dismissed with the help of experienced San Bernardino DUI defense attorney, Andrei F. Lapine.
“It always feels good to win a DMV Hearing and preserve a client’s privilege to drive. Winning the third hearing for the same client felt like the equivalent of a not-guilty verdict after trial. Priceless!” said Mr. Lapine.
According to records from the Department of Motor Vehicles Licensing Operations Division, the client was first charged with a DUI after he flipped his truck while driving. The client was taken to a local hospital where he had his blood drawn, which revealed that his blood alcohol content was .12, well above the legal limit of .08. The client was again charged with a DUI when a private citizen called the police after observing him driving erratically. The client was arrested for a DUI and his blood alcohol content was measured at .16. The client was charged with a DUI on a third occasion when he again flipped his vehicle. The client called the police and told them his car had been stolen, for fear that he would be issued another DUI, but ultimately admitted he was the one driving the vehicle. His subsequent blood test revealed a blood alcohol content of .17.
According to Wallin & Klarich, the client faced a six month suspension of his license if one of the DUI charges was upheld and a one year suspension of his license if at least two of the DUI charges were upheld. Before attending the Department of Motor Vehicles, DMV hearing, Mr. Lapine investigated each individual DUI and found issues with the administration of blood tests and an officer’s written report.
At the DMV hearing, Mr. Lapine objected to the admittance of the blood test results related to the first DUI. The DMV sustained Mr. Lapine’s objection and did not allow the blood test results to be admitted. As a result, there was not enough evidence to prove the client had been driving with blood alcohol content above the legal limit.
On the second DUI charge, Mr. Lapine argued that the DMV could not establish the time at which the client had been driving and therefore whether he had been driving with blood alcohol content over the legal limit, because there were problems with the officer’s written report. As a result, the DUI charges were dismissed.
On the third and final DUI charge, Mr. Lapine successfully argued that the blood test was not conducted within three hours of the time of driving. The DMV dismissed the DUI charges on the third count because too much time had passed between the driving time and the blood test administration to prove that the client had been driving with a blood alcohol content over the legal limit. As a result of all the charges being dismissed the client was able to retain his license and driving privileges.
About Wallin & Klarich
As a premiere criminal defense and family law firm based in California, Wallin and Klarich ( http://www.WKLaw.com and http://www.WKFamilyLaw.com) has been assisting clients from across the country for over thirty years. The firm believes that every person is entitled to the highest quality legal assistance when it comes to facing difficult situations and has committed all of its resources to aggressively defending its clients. The firm has established itself as one of the most successful in the nation when it comes to defending against charges of DUI, criminal matters and sex crimes, and is acknowledged for successfully handling divorce and child custody cases. By making certain that our clients legal rights are always protected we take the “fear” out of the legal fight.