A 24-year old young man was seen by an officer hitting a median (he explained it was because he was looking at his cell phone). Officer put him through roadsides and said he failed. Defendant submitted to a blood test which had a result of .037. Despite the legal presumption that individuals below a .05 are not impaired, the DA was aggressive and demanded a plea of guilty to Driving While Ability Impaired. We refused and set the case for trial. Just before the trial, the DA recontacted us and agreed to dismiss the alcohol-related charge if Defendant pled guilty to Careless with a minimum fine. This case is an example of how the DAs are sometimes very aggressive on low-BAC cases. We had to be equally aggressive and set the case for trial to get the excellent result we did.
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