Law Offices of Manuel J. Barba represented a male client who was involved in a traffic accident by rear-ending another car. At the scene, client blew into an Evidential Breath machine with results of .22%/.23% blood alcohol concentration.
Persons in the other car were injured and the District Attorney charged client with Felony VC23153 (a) – Driving under the influence of alcohol and causing injury, and Felony VC23153(b) – Driving with a blood alcohol concentration of .08% and causing injury, plus an added allegation of causing great bodily harm (GBI). The case was in Riverside County, Murrieta Court (Southwest Justice Center). District Attorney’s offer to settle was 3 years state prison due to the felony charges.
During the discovery process it became evident that the breath test results were unreliable due to contamination. Despite this fact the District Attorney refused to settle the case for lesser charges.
Disposition: After a Jury Trial, the jury found client NOT GUILTY of the charge of VC23153 (b) – Driving with a blood alcohol concentration of .08% and causing injury. The jury also found the added allegation of causing great bodily harm NOT TRUE.
The jury did find client Guilty of VC23153 (a) – Driving under the influence of alcohol and causing an injury, and Client received probation with no jail time.