Client, according
to the arresting officer, made a wide turn into the opposite lane
of traffic nearly striking the opposing curb. He then drove erratically
and at a high rate of speed endangering countless pedestrians
and motorists.
Again, according to the officer’s report and direct testimony,
client failed all field sobriety tests (HGN, Walk and Turn, One
Leg Stand).
Client provided an Intoxilyzer 5000 test result of .15% BAC.
The defense called Client to testify regarding his use of “dip”
(Kodiak). Although he removed the bulk of his “dip”
at the roadside, he had residue in his mouth at the time of testing.
The defense also called Dr. Carolyn Howard (forensic chemist)
to refute the state’s claim that proper protocols and safeguards
were followed. She educated the jury as to the potential for contamination
of breath samples due to the presence of residual mouth alcohol
(i.e.; alcohol retained in the “dip” remnants). The
state’s expert was unable to sway the jury when faced with
Dr. Howard’s testimony.
Finally, through thorough cross-examination, the defense was able
to show the jury that even the officer’s observations did
not show impairment to any degree attributable to Client’s
alcohol consumption.
