Barton Morris secures a Reckless Driving Plea dismissing Operating While Intoxicated and Possession of a Pistol While Intoxicated.

CD100-0595In December 2013 we started a jury trial on a case where the client’s breath test measured at .15 and .16 grams of alcohol per 210 liters of breath. The client was pulled over for traveling over 100 miles per hour on the highway and weaving in and out of traffic. We had selected the jury and returning the next day for testimony. We were calling an expert witness to challenge the reliability of the breath test. The weekly simulator was run hours before the client’s test and there were errors. There were errors with the simulator a week before as well. The expert was also going to demonstrate that the client’s chronic gastroesophageal reflux disorder order also caused an unreliable breath alcohol measurement. The jury never heard this testimony because the prosecution offered a non-alcohol related reckless driving during trial and the client accepted.