Quote:
Originally Posted by fastfredracing
..... and blew just over the legal limit.
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I'm no lawyer, but based on first hand experience as a juror, and nearly something similar 30 years ago (I was innocent - poor and young),
here is what he needs to know and what to do.
1. Pay for an expert witness who's testimony will be considered as evidence. Have the expert explain that if the accused did so much as burp, hiccuped, or bit his tongue out of nervousness, it would invalidate the test given (assuming breatholizer).
2. The reason for this, is that the breatholizer measures alcohol vapor from the air deep in the lungs, which is 1/100th of that found in the stomach or blood. A tiny drop of either makes any borderline measurement reasonably suspect, in my personal opinion.
Once again, a lawyer making these statements or the client will not be considered evidence (and the cops will never admit to these facts). You have to pony up (thousands) for an expert, sad to say.
If an airbag went off, and bloodied his nose it would be a tough call for me as a juror.
If it was in the police record that he reported tasting blood in his mouth, the judge should toss out the case or do a reduce sentence such as reckless driving - again just my opinion of what fair is.