DUI Causing Accident Dismissed – Monroe Michigan
A man was charged with driving while under the influence of drugs after hitting a guardrail on the expressway in Monroe. There was a blood draw taken that revealed the presence of methamphetamine as well as amphetamine in his system.
Our client made the right call, and that was to Michigan DUI lawyer, Aaron J. Boria. Boria fought the case, and filed a motion challenging the results of the chemical test. The prosecution agreed that the test was inadmissible – case dismissed. Call (734) 453-7806 for DUI lawyer, Boria today!
Driving on Drugs in Michigan
If you have been arrested for driving on drugs in Michigan the prosecution must prove the following:
- That you were in fact driving
- That you were driving on a public road or a road regularly driven by the public
- That you had consumed drugs prior to driving
- That the drugs either impaired you or that you consumed a scheduled 1 or 2 level drug and its in your system.
When there is a blood draw, prosecution must also prove the lab test that was used to obtain your blood was preformed correctly. To win this case we had a Daubert challenge. Daubert is a challenge based on case law that says, scientific principals must be followed in order for evidence to be admissible.
In this case, the lab test that was used did not have a measurable amount of the drug in our client’s system. The test also lacked an error rate, something that must be in every scientific test. For all we know, the results could have been a false positive. The test that was preformed did not meet the requirements to be scientifically reliable and as a result the test will be thrown out.
With the lab results being thrown out the prosecutor cannot meet element three or four listed above. If even one element in a criminal case cannot be met you must be found not guilty.
Click here to learn more about DUI in Michigan.
DUI Defense Lawyer
Charged with driving while intoxicated or driving on drugs in Michigan? You need to contact Michigan DUI lawyer, Aaron J. Boria (734) 453-7806.
We fight for our clients and we get results!
