Law Offices of Manuel J. Barba represented a male client with a DMV class A commercial driver license and drove large semi- trucks cross country for his job.
Client was driving his personal car and was stopped by officer for allegedly speeding (47 mph in a 40 zone). Client was charged with VC23125 (a) (b) – DUI and Driving with a blood alcohol concentration of .08% or more in the Riverside Court. After he was arrested he agreed to a blood test, and the test results showed .16% Blood Alcohol Concentration.
The investigation showed the speed limit was not 40 mph, thus the lawfulness of the original stop was an issue. The DMV Administrative Per Se Hearing was won, so client did not lose his class A license based on the DMV hearing. Our investigation further showed the mishandling of the blood sample thus compromising the integrity of the result.
Upon negotiations with the district attorney, the case was resolved for an alcohol related reckless driving, and the DUI charges were dismissed. Client was able to keep he Class A commercial driver license and thus able to retain his employment as a truck driver.