State v. Joshua T.
Jan 08, 2016OUTCOME: Not Guilty Verdict after less than 15 minutes of Jury Deliberations
Charged with Driving While Intoxicated, Joshua had waited an hour or two before driving after drinking. Stopped for weaving, Joshua explained to the officer that he had a damaged sway bar on his Jeep. ... Joshua was arrested and breath tested. His result was .08 - the legal limit in New Mexico. At the jury trial, Mr. Valdez pointed out the so called "failed field sobriety tests" were as likely a result of the cold test conditions as alcohol, and hammered the known error rate for the Intoxilizer 8000.