.18% 2nd Offense DMV Hearing Win for Commercial Class A Driver

Our client was arrested long ago for a 2nd offense DUI. He is a commercial class A driver. A DUI conviction and/or DMV suspension would have resulted in a 1 year class A driver’s license revocation. I had already got the DUI charges dismissed in exchange for a plea to reckless driving about a year ago, but the DMV hearing was dragging on, and it wasn’t looking good. The CHP officer that arrested our client had made some facts up, and failed to record his investigation with the CHP dash cam, as CHP requires. At the DMV hearing, I called a retired CHP officer as an expert witness. She explained that the officer that arrested our client had an official duty under CHP policy to record his investigation and arrest of our client. After her testimony, I objected to all of the DMV’s evidence (which consisted of the CHP officer’s reports) on the grounds that they shouldn’t be trusted since the officer did not record my client’s arrest. The hearing officer sustained our objection, and set aside the suspension against my client’s license. This totally saved his class A license from suspension on a 2nd offense .18% DUI.