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-About a year ago, I had a gentleman come into the office.
It was a case that was going to be venued out of San Bernardino
County Central Courthouse, which is
right across from our main office in San Bernardino.
And he was telling me a story that he was stopped by a police
officer from the city of Colton, allegedly for violating
the right of way of another vehicle.
Ultimately, this person was arrested for DUI.
And unfortunately, it was his third DUI within 10 years.
He was facing a statutory minimum
of 120 days in county jail and a two year
revocation of his driver's license.
In speaking to our client, he indicated to us
that the police officer who arrested him
was not in a position to observe what he said he saw.
We then put this matter on for a DMV hearing,
where the officer came and was subject to
over two hours of cross examination.
During that time, we presented evidence
to the DMV hearing officer, which
showed that the officer could not have possibly saw
what he indicated in his police report.
Ultimately, the DMV disagreed with us.
And they revoked our client's license.
Not satisfied with the DMV's decision, based
upon the information that we received from the officer's
testimony at DMV, we brought a motion
to suppress in the San Bernardino County Superior
Court.
We presented that motion to the district attorney,
who, after reviewing the motion, reviewing the photographs
that we had taken during the course of our investigation
by our state licensed private investigator,
actually dismissed the case without even
the necessity of a hearing.
That district attorney then agreed, and signed a DMV
document, advising that there was no probable cause
to stop our client.
We provided that document to the Department
of Motor Vehicle, which set aside all of the action
against our client.
As a result of our motion to suppress,
and the work we did at the DMV hearing,
our client's license was reinstated.
And his third time DUI conviction never happened.
I'm Mike Scaffidi, a retired police officer
and now a criminal defense attorney with Shouse Law Group.
If you or a loved one are in trouble and need help, call me.