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Prior DMV APS Hearing Results

This is a list of some of the results I’ve had with other cases before the Department of Motor Vehicles for the APS Hearing portion of a DUI. These results are not a guarantee as to what will happen in your case, they are simply illustrate some of our success.


BAC: .07%, .06% & .02% (Chemical Breath Test Results).  .083% & .087% (Preliminary Alcohol Screen Results)
REASON FOR CONTACT: 911 Call After Collision.
RESULT: DMV Suspension Set-Aside (dismissed) due to insufficient evidence of being over the limit.


BAC: .08% & .09%
REASON FOR CONTACT: Excessive Speed in parking lot.
RESULT: DMV Suspension Set-Aside after Factual Innocence finding in Court.


BAC: .28%
REASON FOR CONTACT: Single car collision.
RESULT: DMV Suspension Set-Aside (Dismissed) due to  lack of Probable Cause for Arrest and loss of BAC results due to non-application of “3 hour presumption”.


BAC: CHEMICAL TEST REFUSAL ALLEGED
REASON FOR CONTACT: No Front License Plates, Lane Straddling and Weaving.
RESULT: DMV Suspension Refusal Allegation Dismissed due to improper admonition given from Arresting Officer.


BAC: .13%
REASON FOR CONTACT: Asleep at the wheel.  Parked at a gas station, blocking cars.
RESULT: DMV Suspension Set-Aside (Dismissed) due to unlawful arrest and unreliable chemical breath test.


BAC: .10%
REASON FOR STOP: Weaving.
RESULT: DMV Suspension Set-Aside (Dismissed) due to unreliable reports and unreliable chemical blood test.


BAC: .08%
Drug:  Cocaine
REASON FOR STOP: Welfare Check.
RESULT: DMV Suspension Overturned After Dismissal of DUI & Finding of Factual Innocence Regarding VC 23152(b) Allegations In Court.


BAC: .11%; 2d Offense within 10 years
REASON FOR STOP:  Reckless Driving.
RESULT: Dismissed – Insufficient Probable Cause for Arrest


BAC: .19%
REASON FOR STOP:  Welfare Check.
RESULT: Dismissed – Lack of Probable Cause.


BAC: .10% – Under 21
REASON FOR STOP: Licensee found inside parked vehicle, with lights on and engine running, late at night in high crime area for vehicle theft.
RESULT: Dismissed – Lack of Proof of Driving.


BAC: .24%
REASON FOR STOP: Weaving.
RESULT: Dismissed – Lack of Probable Cause.  Office admission to no Vehicle Code violation prior to stop.


BAC: .07% – Second Offense
REASON FOR STOP:  Open Container.  Drinking While Driving
RESULT: Dismissed –  Insufficient proof of BAC level.


BAC: .11%
REASON FOR STOP:  Driving On Wrong Side Of Roadway
RESULT: Dismissed – Evidence Insufficient To Meet Burden of Proof


BAC: .11%
REASON FOR STOP:  911 Call Made.
RESULT: Dismissed – Insufficient Evidence of BAC Level; Insufficient Evidence to Meet Burden of Proof.


BAC: .11%
REASON FOR STOP:    Speeding
RESULT: Dismissed – Evidence of BAC Insufficient to Meet Standard of Proof; Officer Shown To Lack Credibility


BAC: .15%
REASON FOR STOP:   Lane Straddling
RESULT: Dismissed – Lack of Evidence


BAC: .07%
REASON FOR STOP:  High beams on; Break Light Not Functioning.
RESULT: Dismissed – Insufficient Evidence of BAC Level; Insufficient Evidence to Meet Burden of Proof.


BAC: .17%
REASON FOR STOP:    911 Call Regarding Hit/Run Driver
RESULT: Dismissed – Insufficient Evidence of Driving; Lack Probable Cause For Arrest; Insufficient Evidence to Meet Burden of Proof.


BAC: .06%
REASON FOR STOP:    Weaving; Welfare Check For Mechanical Problems
RESULT: Dismissed – Insufficient Evidence of BAC Level; Insufficient Evidence to Meet Burden of Proof.


 

*Result not a guarantee. It is only an example of possible outcomes. Results in your case may vary, depending on the specific facts of your case.

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