Baker v. Gourley

Barry Thomas Simons

Case Conclusion Date:May 21, 2002

Practice Area:DUI / DWI

Outcome:Court of Appeals Overturned DMV Suspension

Description:Mr. Simons exposed The Orange County Crime Lab for using Blood Methods that had not been approved or placed on file with the Califonia Department of Health. This was a violation of the Code of Regulations and the DMV failed to establish that the test was valid. The Attorney General argued that the DMV could rely upon objective symptoms of intoxication to establish that the driver was over the legal limit to support the DMV suspension. The Court of Appeals ruled that objective symptoms were not relevant and were not a substitution for a valid scientific test establishing a BAC over 0.08%

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