P v Scott W
All Charges DISMISSED (and enhancements). After being stopped for driving wrong way on a one-way street; blowing into a PAS device with a .178 & .164; REFUSING the post arrest test; with a .170 BAC (blood test) - all CHARGES and ENHANCEMENTS were dismissed.
All charges are defensible.
Cal Veh Code § 23152(a) Driving Under the Influence of Alcohol. DISMISSED;
Cal Veh Code § 23152(b) Driving While Having an 0.08% or Higher Blood Alcohol Concentration. DISMISSED;
Cal Veh Code § 23578 (refusal to take chemical test) - DISMISSED; and
Cal Veh Code § 23578 [high BAC .15 or more)] - DISMISSED.
Practice area(s): DUI / DWI
Court: Shasta County Superior Court