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Man Faces 7 Years in Prison on Second-Offense Felony DUI – Jury Says Not Guilty!

Los Angeles DUI Lawyer Jon Artz Wins the Case

DUI attorneyJon Artz recently defended a client in court who was charged with felony DUI in Los Angeles. This was the client’s second time facing DUI charges and he had a prior vehicular manslaughter. Had he not hired Jon as his DUI lawyer, he would have been sentenced to 7 years in prison.

Here’s what happened on the night of his arrest.

The client received a promotion at a work event and was drinking to celebrate. He had 2 beers from 6 – 8:45 PM and a very strong cup of tequila between 9:50 – 10:00 PM. He then got in his car to drive home because his fiancé was waiting for him and told him to hurry up and come home.

The client ran out of gas on the 110 freeway in downtown L.A.; he was only about five minutes away from home. He maneuvered his car into the gore point (a triangular piece of land where the freeway and onramp are separated).

The California Highway Patrol (CHP) showed up around 11:10 PM. An officer took the wheel of the client’s vehicle and his partner pushed him off the freeway. At this point, the client was given a Field Sobriety Test (FST) described as flat and level. However, the test was given on a very sloped surface.

There was Mobile Video/Audio Recording Systems (MVARS) in the CHP vehicle, however only the audio recording was enabled for the client’s test. The audio recording is clear, and the client had no signs of slurred speech. He understood directions well and counted clearly.

In court, Jon defended his client and was able to attack the CHP officer’s credibility on several points including: not conducting FST’s on a level surface, not having tests performed in front of MVARS, and failing to tell the client he could refuse the Preliminary Alcohol Screening (PAS).

Additionally, while his PAS breath test came in .12 at 12:30, Jon had an expert establish the true PAS result as .09 at the time the test was given.  During Jon’s cross-examination of the DA’s criminalist, he reviewed the real drinking pattern and facts, and she ultimately stated that she was unable to say whether client was .08 or greater at time of driving.

The jury found the client not guilty of felony DUI.

As a Los Angeles DUI Attorney, Jon Artz keeps 99% of his clients out of jail and driving on a first or second DUI offense. Jon Artz is Los Angeles’ best DUI Lawyer with more than 40 Years of Experience defending DUI cases.

Contact Jon at at 310-820-1315 if you need to discuss your situation with a skilled DUI defense attorney.

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