Third Time DUI, BAC .22/.22, DMV Set Aside, Motion to Suppress Granted, Case Dismissed
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By
Steve Escovar
A client was stopped at a DUI check point in Pasadena, he gave a breath
test that read BAC .22/.22. At the DMV hearing the officer revealed that
he did not follow the proper breath testing procedure, the DMV suspension
was "set aside", meaning no suspension. In court, I filed a
Penal Code section 1538.5 Motion to Suppress, arguing an unconstitutional
"Check Point" because there was insufficient signage and no
escape route. The judge granted the motion. Case dismissed! This is an
example of the fact that we never know which cases can result in dismissals
or acquittals until we fully investigate and litigate!
