San Francisco DUI Attorney, Kimberly Lutes-Koths Saves CA Driver’s License for Bay Area Client Accused of Drunk Driving: Toothache Leads to DUI Arrest
Kimberly Lutes-Koths, an attorney at the San Francisco Bay Area Criminal Defense firm, Summit Defense, successfully argued at a San Francisco DUI DMV Administrative Hearing yesterday resulting in her client’s driver’s privilege being restored.
San Francisco, CA, May 31, 2010 --(PR.com)-- Kimberly Lutes-Koths, an attorney at the San Francisco Bay Area Criminal Defense firm, Summit Defense, successfully argued at a San Francisco DUI DMV Administrative Hearing yesterday resulting in her client’s driver’s privilege being restored.
The DMV Administrative Per Se Hearing is the lesser know California Department of Motor Vehicles counterpart to the criminal court case. When people are accused of drunk driving, also know as DUI in California, they are automatically given an opportunity to defend the DUI accusation in court. But many people don’t realize that they also have an opportunity to challenge the automatic driver’s license suspension at a DMV Administrative Per Se Hearing.
But there’s a catch – the DMV hearing isn’t automatically scheduled. It’s only given to those “in the know” who navigate through the DMV red tape and request one within 10 days after the arrest.
Summit Defense attorneys have an internal policy of always requesting these DMV hearings for their DUI clients. Lutes-Koths explains: “I always arrange for the DMV administrative hearing because the forum gives me a chance to save my client’s driver’s license. For many of my clients, losing a license means losing a job.”
These hearings are notoriously hard to beat because there is a presumption of guilt whenever the breath or blood test shows that the accused is over the legal limit. But attorney Lutes-Koths has found success by exploring the unique circumstances of each client’s situation which led up to the DUI arrest.
One unusual situation occurred when Summit Defense client Eda C. was arrested for drunk driving in San Francisco near the Golden Gate Bridge. While many DUI clients come to Summit Defense remorseful and apologetic, Mrs. C said that she was shocked to be arrested since she had consumed only one drink with friends almost an hour before she stepped into her car.
After starting the ignition, another 20 minutes passed before she was pulled over by the California Highway Patrol. Yet, when the CHP officer administered a breathalyzer test, she was told that she failed since the machine indicated that her blood alcohol or BAC exceeded the California legal limit of .08%.
This case had an interesting twist. At the initial client interview, Ms. Lutes-Koth asked probing questions about the client’s legal history, medical history and the circumstances leading up to the arrest. The client mentioned in passing that her day was particularly bad since in addition to the DUI, she had visited her dentist earlier in the day for a toothache.
Ms. Lutes-Koth asked whether the client had been given any medication and discovered that indeed, the client was given an oral analgesic. After consulting with the dentist, she found that the analgesic contained 42% of alcohol by weight - more than enough to cause errors in the breathalyzer test.
To establish that her client had only one drink, Ms. Lutes-Koth interviewed the client’s friends who observed her while drinking and obtained a written statement from them testifying to that fact.
These two pieces of evidence proved sufficient at the DMV hearing to sway the administrative hearing officer into returning the client’s license.
Other medical conditions that Summit Defense attorneys have cited to fight DUI cases include a condition called gastro-esophageal reflux disease or GERD which results in frequent belching which throws off the breathalyzer readings. A related condition called autobrewery syndrome can be triggered by the use of antacids which decrease the stomach’s acidity and can result in the stomach producing alcohol.
Ms. Lutes-Koths has learned over the years that no one strategy can beat a DUI, but says that a thorough case history can often turn up strategies. Says Lutes-Koths, “DUI cases can be beat...you just have to be creative in your defense and persistent in your demands.”
About Summit Defense
Summit Defense is a Northern California Criminal Defense Law Firm with offices throughout the Bay Area and the Sacramento region. Their accomplished team of trial attorneys includes two former prosecutors, a former police officer and attorneys who graduated from the country’s top law schools. Their Criminal Defense Attorneys handle the full spectrum of criminal defense cases with a focus on DUI, Domestic Violence, Theft, Sex Crimes and Felony defense. To discuss a case with a San Francisco, Oakland or San Francisco DUI Attorney contact Summit Defense Law Offices.
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The DMV Administrative Per Se Hearing is the lesser know California Department of Motor Vehicles counterpart to the criminal court case. When people are accused of drunk driving, also know as DUI in California, they are automatically given an opportunity to defend the DUI accusation in court. But many people don’t realize that they also have an opportunity to challenge the automatic driver’s license suspension at a DMV Administrative Per Se Hearing.
But there’s a catch – the DMV hearing isn’t automatically scheduled. It’s only given to those “in the know” who navigate through the DMV red tape and request one within 10 days after the arrest.
Summit Defense attorneys have an internal policy of always requesting these DMV hearings for their DUI clients. Lutes-Koths explains: “I always arrange for the DMV administrative hearing because the forum gives me a chance to save my client’s driver’s license. For many of my clients, losing a license means losing a job.”
These hearings are notoriously hard to beat because there is a presumption of guilt whenever the breath or blood test shows that the accused is over the legal limit. But attorney Lutes-Koths has found success by exploring the unique circumstances of each client’s situation which led up to the DUI arrest.
One unusual situation occurred when Summit Defense client Eda C. was arrested for drunk driving in San Francisco near the Golden Gate Bridge. While many DUI clients come to Summit Defense remorseful and apologetic, Mrs. C said that she was shocked to be arrested since she had consumed only one drink with friends almost an hour before she stepped into her car.
After starting the ignition, another 20 minutes passed before she was pulled over by the California Highway Patrol. Yet, when the CHP officer administered a breathalyzer test, she was told that she failed since the machine indicated that her blood alcohol or BAC exceeded the California legal limit of .08%.
This case had an interesting twist. At the initial client interview, Ms. Lutes-Koth asked probing questions about the client’s legal history, medical history and the circumstances leading up to the arrest. The client mentioned in passing that her day was particularly bad since in addition to the DUI, she had visited her dentist earlier in the day for a toothache.
Ms. Lutes-Koth asked whether the client had been given any medication and discovered that indeed, the client was given an oral analgesic. After consulting with the dentist, she found that the analgesic contained 42% of alcohol by weight - more than enough to cause errors in the breathalyzer test.
To establish that her client had only one drink, Ms. Lutes-Koth interviewed the client’s friends who observed her while drinking and obtained a written statement from them testifying to that fact.
These two pieces of evidence proved sufficient at the DMV hearing to sway the administrative hearing officer into returning the client’s license.
Other medical conditions that Summit Defense attorneys have cited to fight DUI cases include a condition called gastro-esophageal reflux disease or GERD which results in frequent belching which throws off the breathalyzer readings. A related condition called autobrewery syndrome can be triggered by the use of antacids which decrease the stomach’s acidity and can result in the stomach producing alcohol.
Ms. Lutes-Koths has learned over the years that no one strategy can beat a DUI, but says that a thorough case history can often turn up strategies. Says Lutes-Koths, “DUI cases can be beat...you just have to be creative in your defense and persistent in your demands.”
About Summit Defense
Summit Defense is a Northern California Criminal Defense Law Firm with offices throughout the Bay Area and the Sacramento region. Their accomplished team of trial attorneys includes two former prosecutors, a former police officer and attorneys who graduated from the country’s top law schools. Their Criminal Defense Attorneys handle the full spectrum of criminal defense cases with a focus on DUI, Domestic Violence, Theft, Sex Crimes and Felony defense. To discuss a case with a San Francisco, Oakland or San Francisco 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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