--Previous Message--
: A California man is in the midst of a lengthy
: legal battle following a driving under the
: influence charge that was issued almost 18
: months ago for operating a car while under
: the influence of caffeine, reports said. I'm
: sorry, did we miss something? When did it
: become illegal to drive after consuming some
: espresso?
:
: Joseph Schwab, 36, was pulled over on August
: 5, 2015, by a California Department of
: Alcoholic Beverage Control agent in an
: unmarked car who claimed the 36-year-old had
: cut her off and was driving erratically, The
: Guardian reported. The agent administered a
: breathalyzer test which displayed a 0.00%
: blood alcohol level, according to Schwab's
: lawyer. After that test, Schwab was put into
: county jail and had his blood taken for an
: addition toxicology test. The following
: report concluded that he had no illegal
: drugs in his system.
:
: It wasn't until samples were sent to an
: outside testing facility in Pennsylvania
: that caffeine showed up as the only drug in
: Schwab's system when he was arrested, The
: Guardian reported. Now, just about 18 months
: later, Schwab and his attorney are gearing
: up for trial.
:
: Schwab's lawyer, defense attorney Stacey
: Barrett, has filed a motion for the case to
: be dropped because no charges were actually
: filed until almost 10 months following the
: arrest. If that doesn't go through, the case
: will be brought in front of a jury in
: January.
:
: The chief deputy district attorney in the
: county where Schwab was held, Sharon Henry
: said her office was “conducting further
: investigation in this matter," The
: Guardian reported. “The charge of driving
: under the influence is not based upon the
: presence of caffeine in his system."
:
: According to California law, a drug is any
: substance that isn't alcohol that might
: “impair, to an appreciable degree” a
: driver's capability behind the wheel. How
: the state might attempt to argue caffeine
: did that to Schwab, we are not sure.
:
: “No one believed me that I only had caffeine
: in my system until I showed them the lab
: results,” said Schwab, according to The
: Guardian. “I want the charges to be
: dismissed and my name to be cleared.”
:
:
: https://www.yahoo.com/news/man-california-fighting-caffeine-dui-192312988.html
:
:
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