Client at a work party on private remote property in coastal Ventura County. Client's boss, after a night of heavy drinking, drove away from party on a dirt road, and client watched as headlights disappeared as boss drove off dirt road into a ravine. Client got in his truck and drove to accident site, hiked down to boss, called 911, and awaited arrival of Sheriff's rescue team to airlift his boss. Client then hiked out of the ravine where he encountered Ventura law enforcement. Client admitted to driving and smelled of alcohol, and was arrested for DUI. His breath test results were above the legal limit on a breath machine that was in full compliance with required testing procedures. DMV moved to suspend his license and DUI charges were filed by the Ventura District Attorney.
The punishment sought at court in this case was 48 hours jail, 6 month license suspension, 3 month alcohol school that costs about $900 in Ventura County, $4000 in fines and fees, 3 years of formal probation, increased insurance premiums and a criminal record. Prior to court, I was able to win the DMV hearing on a technicality that would not have been successful at court.
I filed a motion to suppress challenging the legality of the arrest, hoping at least in part to convince a Ventura prosecutor or judge to dismiss the case based on the unfairness of the entire situation, as the arrest itself was probably legal. After going to court numerous times and being fought by the Ventura prosecutor every step of the way, I was finally able to get the case dismissed when the arresting officer failed to show in court.