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1/21/2010 - Posted by:
Law Offices of Christopher J. McCann
Phone: (949) 596-0060
Fax: (949) 474-0306
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No Blood Alcohol Level is Too High!

Mr. McCann’s client was arrested and charged with DUI with a blood alcohol level of .24 (three times the legal limit.) Mr. McCann moved to suppress the evidence in court because the client’s vehicle was stopped without reasonable suspicion. The arresting officer alleged that the client had been driving his vehicle at night without his headlights on. Mr. McCann showed receipts and called the client and several friends to the stand to testify that, in fact, the client and his friends had just fixed the headlights that night, and the friends watched the client turn on his headlights and drive off just minutes before being stopped for allegedly not having his headlights on! The judge found the officer not credible and ruled that the client was stopped without reasonable suspicion. The judge ordered all the evidence suppressed. The district attorney was forced to dismiss their case. In the client’s DMV hearing, Mr. McCann successfully argued that the DMV’s only exhibit demonstrating any evidence of DUI—known as the “DS 367” form—was inadmissible as not having proper evidentiary foundation under Evidence Code § 1280. Consequently, the DMV hearing officer would not receive the document into evidence and was forced to set aside the action against the client.
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