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Speeding and .115% BAC – Blood

Client was an auto mechanic who was charged with his second DUI after a questionable traffic stop for speeding. A blood test was taken and the crime lab reported that the result was .115%. The client was married with two children. If convicted, the client was facing a 30 day jail sentence and losing his driver's license for 1 year. Loss of his driver's license would have resulted in the client losing his job, his ability to provide for his family, and his home. The client swore that because of the way the road was set up, there was no way a police officer could clock him for speeding. He was also adamant that his BAC was not .115%.

Mike Sherman Law took video of the scene to show that it would have been impossible for the police officer to see what he claimed. We also hired an expert in blood alcohol testing. Our expert prepared a detailed report showing that there were many errors in the blood alcohol testing process.

The result: One day before trial, the prosecution dropped the case.

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