San Francisco DUI Attorney, James Reilly of Summit Defense Prevails at SF DMV Administrative Hearing: 2nd Offense DUI Client Keeps License
Following a San Francisco DMV Administrative Hearing, a 2nd time DUI client was allowed to keep her drivers license. A 2nd Offense DUI in California typically results in a one year license suspension, but because of Mr. Reilly's argument regarding the breath sample collections procedures, the DMV reinstated the client's license.
San Francisco, CA, January 30, 2010 --(PR.com)-- Today in a DUI administrative hearing at the San Francisco branch of the California Department of Motor Vehicles Drivers Safety Office, Summit Defense Attorney James Reilly successfully persuaded the authorities to allow his client to keep her drivers license.
The client was facing a 2nd DUI which normally results in a minimum 1 year license suspension followed by a restricted license for another 6 months.
After reviewing the police record, Mr. Reilly discovered an error in the collection of the breath evidence.
According to section 1219.3 of Title 17 of the California Code of Regulations (CCR), there is a 15 minute observation requirement prior to the administration of the breathalyzer test.
The applicable portion of the Title 17 regulation that describes the collection of the breath sample is set out as follows:
1219.3. Breath Collection.
A breath sample shall be expired breath which is essentially alveolar in composition. The quantity of the breath sample shall be established by direct volumetric measurement. The breath sample shall be collected only after the subject has been under continuous observation for at least fifteen minutes prior to collection of the breath sample, during which time the subject must not have ingested alcoholic beverages or other fluids, regurgitated, vomited, eaten, or smoked.
This section is designed to protect the rights of the accused to make certain that the results of the breathalyzer are accurate.
Since the record showed that the client was not under the direct observation of the police during the full 15 minutes, Mr. Reilly argued that the sampling procedure was invalid and successfully forced the DMV to reinstate the client’s license.
Mr. James Reilly is a Senior Trial Attorney at Summit Defense Law Offices. His practice focuses on the defense of complex white collar crimes including embezzlement, ponzi schemes and financial fraud. With over 20 years of criminal law experience including work as a supervising prosecutor, Mr. Reilly’s skills are in high demand in the San Francisco Bay Area. To discuss a case with a San Francisco, Oakland or San Jose DUI Attorney contact Summit Defense Law Offices.
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The client was facing a 2nd DUI which normally results in a minimum 1 year license suspension followed by a restricted license for another 6 months.
After reviewing the police record, Mr. Reilly discovered an error in the collection of the breath evidence.
According to section 1219.3 of Title 17 of the California Code of Regulations (CCR), there is a 15 minute observation requirement prior to the administration of the breathalyzer test.
The applicable portion of the Title 17 regulation that describes the collection of the breath sample is set out as follows:
1219.3. Breath Collection.
A breath sample shall be expired breath which is essentially alveolar in composition. The quantity of the breath sample shall be established by direct volumetric measurement. The breath sample shall be collected only after the subject has been under continuous observation for at least fifteen minutes prior to collection of the breath sample, during which time the subject must not have ingested alcoholic beverages or other fluids, regurgitated, vomited, eaten, or smoked.
This section is designed to protect the rights of the accused to make certain that the results of the breathalyzer are accurate.
Since the record showed that the client was not under the direct observation of the police during the full 15 minutes, Mr. Reilly argued that the sampling procedure was invalid and successfully forced the DMV to reinstate the client’s license.
Mr. James Reilly is a Senior Trial Attorney at Summit Defense Law Offices. His practice focuses on the defense of complex white collar crimes including embezzlement, ponzi schemes and financial fraud. With over 20 years of criminal law experience including work as a supervising prosecutor, Mr. Reilly’s skills are in high demand in the San Francisco Bay Area. To discuss a case with a San Francisco, Oakland or San Jose DUI Attorney contact Summit Defense Law Offices.
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Summit Defense
Scott Harris
(510) 412-8900
www.summitdefense.com
Bay Area Criminal Defense Attorneys
Scott Harris
(510) 412-8900
www.summitdefense.com
Bay Area Criminal Defense Attorneys
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