Man Challenges DMV License Suspension and Wins
By The Law Offices of Virginia L. Landry
Mar. 9, 2011 3:12p
February 17th, 2011 – In the case of Steven Borger v. Department of Motor Vehicles, Borger wins in the Superior Court against the California Department of Motor Vehicles, ultimately getting his
driver’s license suspension reversed by challenging the margin-of-error in the “Intoxilyzer 5000.”
The respondent, Steven Borger was arrested for DUI at 1:20 a.m. on March 18, 2009, after submitting to two breath tests which registered a blood alcohol concentration (BAC) of .08 and .09 percent. Subsequently, the DMV suspended Mr. Borger’s driving privileges for driving a motor vehicle with a BAC of .08% or more. Borger appealed the DMV’s decision which led to the Superior Court ordering in favor of the respondent, which led to the reversal of the DMV’s judgment.
After Borger’s driving privileges were suspended by the DMV, he challenged the suspension by hiring an expert by the name of Jay Williams. Williams testified that the Intoxilyzer 5000 machine is not entirely accurate, and that it has a margin of error, plus or minus by .02 percent. That meant that the respondents BAC could have been anywhere from .06 and .10 percent at the time of the stop. Williams’ testimony was not credited at the Administrative hearing; however, it was credited at the trial court. The Superior Court agreed with the expert, admitting that Borger was not driving with a BAC of 0.08 percent. If you have been arrested for DUI, you should speak with an experienced
DUI attorney right away.
San Diego DUI Defense Attorney
A DUI arrest does not have to end in a DUI conviction. As in the case of Steven Borger v. Department of Motor Vehicles, there are a number of challenges to a DUI charge, including challenging the validity of the breath test results. If you have been arrested for DUI in San Diego or the surrounding areas, contact a San Diego DUI defense attorney from the Law Offices of Virginia L. Landry. We have years of experience in defending clients against DUI charges and, we have the knowledge, skills and know how to help you obtain a more favorable outcome in your DUI case.
Contact a San Diego DUI Defense lawyer from our firm for a free initial consultation.
Other Recent Articles
Being charged with a DUI (driving under the influence) is a serious matter and can not only have grave and upsetting consequences if you're convicted, but can cause prolonged turmoil in your day to ...
More Articles »
It is important to understand what you may be facing if you have been arrested for driving under the influence with a prior DUI conviction on your record.
More Articles »
While there are a multitude of non-standardized field sobriety tests (FST), there are only three that have been validated by the National Highway Traffic Safety Administration.
More Articles »