State v. Green
Mar 05, 2009OUTCOME: Driver Acquitted of DUI-Drugs
A 57 year-old-driver driver, who is a resident of Canada, was arrested in February of 2008 by Trooper Rodgers of the Washington State Patrol. The arrest came after the driver submitted to a preliminar ... y breath test and did some field sobriety tests, all of which the trooper said the driver had failed. A blood test indicated a BAC of 0.01 for alcohol but also included indications of antidepressant and anti-anxiety medication usage. Defense counsel highlighted the driver's numerous physical issues and his documented anxiety and depression conditions to account for the bad FSTs. The state argued that with the bad FSTs and the presence of alcohol and medications, the driver was impaired and was therefore DUI. Both sides used expert testimony to interpret the blood test results. The trial lasted nearly 4 days, however, after approximately 40 minutes of deliberation, the jury returned a verdict of NOT GUILTY.
