DUI Causing Accident Dismissed – Monroe Michigan
Our client was charged with driving while intoxicated while on drugs after hitting a guardrail on the expressway in Monrore. A blood draw was taken that revealed the presence of methamphetamine as well as amphetamine in his system.
Our client made the right call, and that was calling Michigan DUI lawyer, Aaron J. Boria. We fought the case, and filed a motion challenging the results of the chemical test and 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.
With a blood draw the prosecution must also be able to show that the lab test that was used to obtain your blood was preformed correctly. In this particular case we ran a Daubert challenge. Daubert is a challenge based on a case that says scientific principals must be followed in order for a case 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 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 elements three or four listed above. If even one element in a criminal case cannot be met then you must be found not guilty.
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D|}UI Defense Lawyer
If you have been charged with driving while intoxicated or driving on drugs in Michigan then you need to contact Michigan DUI lawyer, Aaron J. Boria (734) 453-7806.
We fight for our clients and we get results!