In the matter of L. Prout

Joshua Matthew Dale

Case Conclusion Date: March 20, 2008

Practice Area: DUI / DWI

Outcome: Set Aside

Description: Stopped in morning for weaving and straddling lanes in rush hour traffic, officer notices symptoms of alcohol influence - fails sobriety testing and admits to also taking several prescription drugs. Roadside breath testing of .08/.08%, breath testing .08/.08% in station one hour later and DRE outcome positive for prescription medicine influence combination w/ alcohol. Blood test of .06% two hours after driving. Expert testimony is accepted by the DMV and set aside of the license suspension issued.