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People v McGlothlin II

Practice Area: DUI and DWI


Description: The CHP accused the Defendant of failing field sobriety tests. In cross-examination, the Officer was found to administered the field sobriety tests incorrectly. There was no bad driving, and the Government's toxicologist one day stated that the Defendant's alcohol level was rising which would have made the Defendant under the legal limit at the time of driving. On the next day of testimony, she stated that the Defendant was eliminating alcohol, and would have been over the legal limit at the time of driving. She relied on the world's leading toxicologist as her source of opinion on day one (1), but when cross examined the second day, she stated the world's leading toxicologists and their tests were junk science. The Defendant allegedly had a .12/.12 breath result over one (1) hour after driving, and with a prior test twenty (20) minutes before the last test of .10/.10, showing that his true blood alcohol at the time of driving was .06. The JURY found the Defendant NOT GUILTY.

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