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Single-Car Accident, Strong Odor Of Alcohol, .24 Blood Test…

Police respond to the scene of a single-car accident where they find client wandering about the vehicle.  Client admits to driving but can’t explain how the accident happened and has trouble answering basic questions.  Subsequent to his arrest, client is transported to the hospital where he is diagnosed with Acute Alcohol Intoxication.  Blood tests reveal a .24 Blood Alcohol Concentration (BAC), which is three times the legal limit.   A chemist for the state police testifies at trial and is forced to acknowledge that he knows nothing about the manner of the blood draw or the method of testing at the hospital.  The government also fails to introduce any evidence demonstrating what the client’s BAC was at the time of driving.  VERDICT:  NOT GUILTY.

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