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State v. R. Gilliland

Case Conclusion Date: 08.18.2009

Practice Area: DUI and DWI

Outcome: All substantial charges dismissed

Description: Mr. Gilliland was involved in a crash after an incident in which another vehicle "brake checked" his truck. He lost control and slid into the front of a convenience store, causing substantial damage. He was charged with 2 counts of DUi w/ injury, 2 counts of leaving the scene of accidents with property damage, 1 count of reckless driving, 1 count of failure to render aid, and 1 count of driving without insurance. His BAC was alleged to be .12 and he was said to have failed all the field sobriety tests. Careful case investigation revealed that he had consumed 4 light beers approximately 4 hours prior to the crash, after working with industrial chemical compounds all day. The alcohol consumption and working conditions were all verified by multiple witnesses, all of whom said Mr. Gilliland was sober at the time of any driving that occurred. An expert witness, Dr. David Lalka, testified that based on Mr. Gilliland's work conditions, his alcohol consumption pattern, and his reflux disease, there was no way his BAC could have ever exceeded .05 based on pharmacological modeling. When presented with all the information, and taking into account the injuries Mr. Gilliland sustained in the wreck, which injuries invalidated his field test results, as well as considering the circumstances of the wreck, the prosecuting attorney dismissed all charges but the reckless driving and no insurance. Mr. Gilliland paid fines and costs on those two charges. The same evidence presented at the DMV hearing resulted in Mr. Gilliland winning his license suspension hearing so no DUI license suspension was imposed on him.

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