Breath Test Cases and 15 Minute Observation.
Sometimes police officers surprise you with their honesty. I had a DMV Hearing in Commerce, Los Angeles this week at which the arresting officer was required to testify. This was essentially a fishing expedition for me as there was no obvious argument that I had to win the hearing based on the arrest report. In the officer's sworn documentation filed with the DMV, he signed a sworn statement that he had followed the correct procedures in taking the samples of my client's breath, including observing my client for a continuous period of fifteen minutes prior to the first breath sample, to ensure that there was no belching that could cause mouth alcohol contamination.
This example illustrates that a case which on the face of it had no prospect of a set aside at the DMV, can result in a set aside with some careful cross examination.
Most people arrested for a DUI in Los Angeles want to know what their chances of avoiding a license suspension are. As an experienced DMV Defense Lawyer I tell everyone that the odds of winning a DMV hearing are small, but you never know until you try and if you don't try, you have a one hundred percent chance of a suspension.