State v. D. O.

The defendant was stopped after speeding in a 25 mph zone and running multiple stop signs. The officer had him perform field sobriety tests at the scene which were captured on video tape. Following the arrest, the defendant gave a breath samples of over .179. At trial, our defense expert testified that the breath test result was inaccurately inflated by a legal substance the defendant had inhaled a few minutes prior to being pulled over. The jury acquitted the defendant because the City had not proven, beyond a reasonable doubt, that the breath test result was accurate, or that the defendant's driving was affected by alcohol.