LOS ANGELES, CA – A defense expert witness at the driving under the influence trial here in Los Angeles County Superior Court last week charged law enforcement didn’t “correctly” administer DUI tests to the accused, also criticizing other actions by arresting officers.
The accused was charged on Oct. 9, 2023, of driving under the influence, and on a second count of driving with a .08 percent blood alcohol content.
During the cross-examination of witness Dr. Adam M. Kaye by Deputy Public Defender Matthew Gammariello, Dr. Kaye said a sober person can fail a blood alcohol test if they are obese or are injured, because nerves can affect their response and their ability to function. Fatigue and stress can also affect the results of Field Sobriety Tests (FSTs), Kaye added.
Dr. Kaye also noted in his testimony it is “ridiculous to associate blood alcohol concentration with horizontal nystagmus,” because this condition can be caused by various other factors such as fatigue.
Witness Dr. Kaye also insisted law enforcement “did not correctly perform tests,” because they did not consider multiple sources of light that can affect the dilation of the pupil,
The accused also failed the walk and turn test that was performed, but this should not be considered, as the accused cannot understand English and could have failed to understand instructions, said the witness.
Dr. Kaye also maintained it takes one to two hours for alcohol to fully dissolve, and it is very “difficult to calculate retrograde extrapolation” because “we do not know whether it was fully absorbed, and how fast the accused could have metabolized the alcohol.”
A breath measurement of more than two hours is not accurate, Kaye told the jury.
The jury trial is ongoing this week.
