Manhattan Beach, Client Had Lap Band Surgery, Wet Reckless

Our client, who had undergone gastric bypass surgery, was leaving a memorial service for a friend, when she was pulled over for supposedly speeding. Distraught from her friend’s recent passing, our client became upset when the Manhattan Beach Police officers began yelling at her.

The police officers at the scene asked our client if she had been drinking. She replied that she had, but refused to state how many drinks she had consumed. This angered the officers and, in response, our client began to cry.

Officers then administered many field sobriety tests, which caused our client to continue crying. They then asked her to submit to a breathalyzer at the scene. Our client refused, asking instead to submit to a blood examination.

Officers then took our client to a local hospital, but once at the hospital, our client refused to submit to a test again. Officers then transported our client to the police station, where our client eventually did submit to a breath test, but only one sample breath was given. The one breath showed a 0.09% blood alcohol content (BAC). It was measured almost two hours and forty minutes after her arrest.

In a Nutshell: Manhattan Beach arrest, client with lap band (Gastric Bypass Surgery) refuses to submit to breath or blood test, case filed in Torrance Courthouse, wet reckless.

Most experienced criminal defense attorneys will recognize that it was remarkable that the police allowed our client to submit to a breath test at the station. Usually, police are so angry at a suspect who agrees to a blood test, but then revokes that agreement at the hospital, that the police then reciprocate by considering the client as having refused to submit to a breath or blood test, which causes a one-year driver’s license suspension.

Our client was charged with only one count of driving under the influence of alcohol (Vehicle Code § 23152(a)), a misdemeanor. She was not charged for her failure to submit for a blood alcohol sample (Vehicle Code Section § 13353) or reckless driving, which was fortunate.

The case was filed in the Torrance Superior Court. The handling District Attorney considered the refusal to submit twice as serious and noted that the 0.09% BAC meant our client’s blood alcohol level was closer to 0.13% or 0.14% when arrested almost three hours earlier.

Torrance Courthouse

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