Kacey was stopped in Anderson, CA, by the California Highway Patrol (CHP) for weaving and following another vehicle to closely. The pre-arrest breath test [Preliminary Alcohol Screening (PAS) Test] showed a 0.111 & 0.113 percent BrAC (breath result) and a later blood test showed a 0.108 percent blood alcohol concentration (BAC). 

Client was acquitted of Cal Veh Code § 23152(b) and plead to a "Wet Reckless" (Cal Veh Code § 23103 pursuant to 23103.5 of the Veh Code) - with all other charges being dismissed.

The separate Department of Motor Vehicles (DMV) action was set aside (meaning client prevailed) and the client's driver's license was therefore never lost (i.e., client won the separate but related DMV per se License Suspension Hearing).