Rancho Palos Verdes, 3rd Time DUI, License Reinstated

Our client had a tough patch over the last ten years. She had two DUI’s in the last seven years and then was involved in a car accident while returning from a bar in Long Beach.

Brief Synopsis: Third-time DUI with an alleged hit & run fact pattern. We were able to preserve our client’s driving privileges by showing the breath test was not administered within three hours of our client last driving, making it legally irrelevant.

One night, she went out to a bar in Long Beach with her boyfriend. The two enjoyed an evening of drinks and dancing. The client then drove her boyfriend home and continued on to her home with her mom.

Before she reached home, she had to cross from northbound Western Avenue to westbound Palos Verdes Drive North. As she was crossing the intersection of these two streets, at about 11:50 p.m., she thought the left turn arrow on the traffic light facing her was green, so she turned left to head west on Palos Verdes Drive North. After she turned, however, she realized the approaching car had not stopped to yield to her and a collision was imminent. The two cars then collided.

Our client proceeded through the intersection to get out of the way of other cars. She then pulled over to the side of the road. The other driver also moved out of the intersection to clear the intersection. The two cars each parked on opposite sides of the intersection.

The other car had four people in it. They lost sight of our client and called the police, claiming they were victims of a hit and run driver. Our client, however, was parked less than 100 feet away. Apparently, no one in the other car saw our client parked on the other side of the intersection.

The police arrived and, due to the driver and three passengers being quite upset by the situation, spent about twenty minutes just speaking to them.

Another police car arrived and officers began taking measurements of the point of impact and sweeping up debris from the crash. Finally, our client came forward to present herself. She was very nervous, as she had been drinking and she had two prior DUI’s in the last seven years.

Police immediately began questioning her and administered field sobriety tests. She insisted upon a breath test at the station.

However, due to all the time consumed by police interviewing each of the occupants of the other car and delays in speaking to our client, our client did not submit to a breath test until 3:12 a.m., or more than three hours after the last time she drove.