Set Aside of Suspension Following DMV Hearing on DUI Zero Tolerance/Drug Refusal

August 2020

Michael’s client was arrested for DUI following a traffic stop in Burbank.  After ordering our client out of his vehicle and administering a battery of field sobriety tests, he concluded that our client displayed symptoms of being under the influence of a CNS stimulant and marijuana.  The officer claimed to smell the mild odor of marijuana coming from our client and recovered marijuana following a search of the vehicle.  Our client admitted purchasing 2 1/8ths of weed at a dispensary but denied smoking that day. During a booking search, cocaine was recovered from our client’s wallet.   On cross-examination at the DMV/APS hearing, the officer admitted that he could not tell whether the source of the marijuana was the package recovered in the vehicle or from the defendant’s breath.  After a hotly contested hearing, Michael sent a follow up letter to the hearing officer and her manager to provide a final overview of the arguments presented.  A set aside notice was received and our client avoided a 1 year suspension.