FACTS: Client was arrested for a DUI after getting involved in a traffic collision. Client did not speak or understand English, he only spoke Chinese (Mandarin). The El Monte PD did not have an interpreter to assist but the arresting officer, nonetheless, proceeding with the DUI investigation using hand signals and demonstrations. The arresting officer further stated in his report that he believed my client understood him as my client was cooperating, attempting to perform the tests and kept nodding his head yes to everything he said. However, at the DMV hearing, I was able to get the arresting officer to admit that he didn’t honestly believe my client could understand him or his instruction and that my client didn’t actually refuse to take a chemical test. The arresting officer ultimately admitted that he became frustrated and wrote my client up as a refusal.
RESULT: After providing the district attorney with a copy of the DMV hearing, the DA dismissed the DUI charges and refusal enhancement outright! The DMV also set aside the suspension of my client’s drivers license.