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The client drove his car into a Texaco station (literally) after sideswiping another car on Central Expressway. Hospital records indicated the presence of multiple controlled substances in the client’s system. Seems like an airtight case?
Well, at first glance, maybe. The fact of the matter is that there were multiple physical and emotional conditions that explained the bizarre driving. Further, the drug test was a urine “screen” which shows presence of a particular drug. It cannot show when the drug was taken, how much was ingested, the form of ingestion (oral, intravenous), whether the drug in the urine is still even in the blood, or a host of other factors that may influence the concentration of a particular drug in a person’s blood.
Further, the state did not call a witness who actually performed the drug test. The bottom line is that there was a rushed decision that this was a DWI case. The evidence at trial just did not show that. The jury did the right thing and the client was relieved and pleased.
