Taking Away Driver’s Licenses in DUI Cases Just Got Easier
According to The Press-Ente, the state of California just made it a little bit easier to take away a driver’s license in a DUI case. In a court decision made on April 6th of this year, the California Supreme Court determined that circumstantial evidence can be considered by the Department of Motor Vehicles when determining whether or not a driver’s blood-alcohol content falls above the legal limit.
The Case
In November 2011, Ashley Jourdan Coffey was pulled over after being observed swerving on the 55. The officer at the scene noted that Coffey’s eyes were red and that she smelled of alcohol. Coffey attests that she had been at a bar but had not been drinking there. Approximately one hour after being pulled over, Coffey’s breath-test showed a blood alcohol level of .08, and a few minutes later showed a blood alcohol level of .09.
When Coffey’s driver’s license was suspended by the DMV, she requested a hearing and argued the charges. She brought an expert toxicologist to the hearing who attested that her blood alcohol level rose to a point above the legal limit after the police pulled her over, and that at the time she was driving, Coffey’s blood alcohol level fell within legal limits.
The DMV rejected the testimony, and the case was brought to court.
The Decision
The court’s ruling was ultimately in favor of the DMV. The decision to suspend the license was upheld, and the circumstantial evidence (the swerving car, the alcohol smell) was ruled as being relevent. The court did advise the DMV to use caution when using circumstantial evidence to discredit expert testimony.
Future Impact
This ruling means that more drivers might see their licenses suspended in future cases, and throwing out those charges could be more difficult. Drivers who display any evidence of possible DUI might lose their license and find themselves unable to effectively argue their case with the DMV.
Have you recently been charged with a DUI? Now more than ever, you need an experienced and skilled lawyer to come to your defense. Call (310) 277-1707 for a consultation, or visit our website for more information.
