Dviving under the influence of other substances pursuant to OCGA 40-6-391 (a) (3) | DUI -toxic vapor less safe

At the 1996 session of the Gen. Assembly, legislatures passed Senate Bill 560 which is codified as OCGA 40-6-391 (a) (3) which expanded 40-6-391 to include in the crime of DUI driving under the influence of any glue, aerosol, or other toxic vapo to the extent that is less safe for the person to drive. To prove such cases, the State will meet expert testimony to establish quantitative levels of such chemicals in sufficient quantities to cause less safe driving,not the mere presence of toxic vapors in the suspect's blood.  No charts or per se limits exist for toxic vapors, so a good Douglasville criminal defense lawyer will not allow a conviction based on the pseudoscience that the State will try and bring forth at trial. Once again, defense counsel was bring an expert witness for the defense to refute any wildcat claims by GBI that only a certain level of such chemicals of the blood test would cause impairment. No charts or per se limits exist for toxic vapors so Douglasville attorney should not allow scientifically unreliable evidence to convict the client. A Douglasville attorney should challenge these claims based upon correlation to the time of driving, the experience level and actual expertise of the GBI witness,or possibly based upon client incidental exposure to these vapors during work or at home.

Comments

Popular Posts