LOS ANGELES, CA – Deputy Public Defender Marcus Williams and his client, who was arrested on DUI/driving under the influence charges, argued here in Los Angeles County Superior Court Airport Courthouse this week the accused’s blood and breath tests were not used because of the accused’s health issues and recent surgeries.
On July 6, the accused was arrested for alleged intoxication while driving his vehicle in the Beverly Hills area. The accused openly admitted to having half a can of beer on the day of his arrest.
The accused was “very cooperative” said officers, and agreed to perform all voluntary tests the officers requested. These tests included the Modified Romberg Test, Lack of Convergence Test, and the Walk and Turn Test, all of which the accused failed.
However, the accused continually stated to them his old age and prior health complications were the problem, and later added he needed to use a cane under regular circumstances.
After being arrested, the accused agreed to take both blood and breath tests to provide data of his blood alcohol content.
Both tests, the court was told, were inconclusive because the accused’s underlying health problems did not permit him to provide sufficient enough breath for the Preliminary Alcohol Screening Test, and a nurse was unable to properly take his blood and stopped the procedure to “preserve the (accused’s) health.”
Deputy District Attorney Eric Algorri called two officers to the stand, who agreed that not one of the intoxication detection tests can act as a sole determiner of the sobriety of an individual, but rather the accumulation of all tests is necessary to make an educated decision.
However, they admitted neither the blood or breath tests were taken into consideration when arresting the accused.
The arrest was made, they said, because the accused was intoxicated enough to impair his ability to operate a motor vehicle as evidenced by the accused’s slurred speech and the accused’s inability to properly balance himself.
The case is ongoing.
