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An analysis of data from the California Department Of Motor Vehicles from 2012 found that employees at the DMV either suspended or revoked the licenses in at least 135 DUI cases. In all these cases, the persons arrested had never been charged with any DUI-related crime, nor had their criminal cases dismissed because of lack of evidence.

Los Angeles DUI lawyers have found that DMV employees are often allowed to act as a prosecutor and judge, when they decide whether to revoke or suspend licenses. Attorneys have always believed that allowing a single employee to decide on a matter like this amounts to a violation of an individual's constitutional rights. Now, a lawsuit that has been filed by a group of attorneys against the California Department Of Motor Vehicles, targets these arbitrary powers that are granted to employees at the agency.

The lawsuit claims that allowing employees to act as both the prosecutor and judge about which person’s licenses will be suspended or revoked, is a violation of their rights. At the California Department Of Motor Vehicles, a single employee is given the task of advocating for the DMV's interests, and making the decision in administrative proceedings. That makes it a clear conflict of interest, and means the system is tilted against drivers in the state of California who have been arrested for DUI.

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A former San Francisco prosecutor, who admits to having shown off his badge to get special treatment by arresting officers during a DUI arrest, could lose his law license for his behavior. A California judge ruled recently that former San Francisco Deputy District Attorney Marc Guillory could lose his law license for a period of two years.

Guillory has three prior convictions for DUI. During those three arrests he was serving as San Francisco Deputy District Attorney. During his tenure as prosecutor in San Francisco, he was arrested in 2008, 2010, and then again in 2012 for driving under the influence of alcohol.

According to arresting officers, during each of those incidents, he “badged” them.  This means he showed the arresting officer his Deputy District Attorney badge in order to seek special treatment. The officers say that they interpreted his actions to mean that he specifically sought special treatment from them. Those three DUI arrests are not the only ones that Guillory has on his record. In 1999 he was also arrested and convicted for misdemeanor reckless driving for being involved in a drunk driving accident that resulted in a fatality.

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