A Petaluma man arrested in September 2012 for DUI has his case dismissed after his attorney, John Stanko, convinces the District Attorney that their evidence was insufficient to support a conviction beyond a reasonable doubt.
The driver was stopped on Northbound Highway 101 in Novato for speeding. After being administered field sobriety tests the Novato Police Officer placed the driver under arrest for drunk driving. The driver submitted a breath alcohol tests with results of .08 and .06 % by volume.
The legal blood alcohol limit in California is .08%. That is, it is illegal for a person to drive with a blood alcohol level of .08% or more. In this matter, the driver’s blood alcohol level could not be proven beyond a reasonable doubt to have been greater than .08% at the time of driving. The breath tests were conducted sometime after the Novato Police observed the driving and breath testing is subject to great variation, margin of error and assumptions. Based on those factors it could be that the actual breath results would have a range from a .04 to a .10 and any blood alcohol level at the time of driving would be unknown and based on assumptions.
The driver had suffered two prior DUI convictions in the last ten years and was facing a between 120 days and 1 year in county jail if convicted of a third offense.
If you are arrested for drunk driving, or if you get a traffic ticket in Novato, San Rafael, Sausalito, or anywhere in Marin County call an experienced aggressive traffic ticket and DUI defense attorney for help.
For more information about driving under the influence, traffic or criminal charges in Marin County, San Francisco and throughout the Bay Area, or for a free consultation, call attorney John Stanko at 415-755-8899, or toll free at 1-877-204-8900.