Back in the day I witnessed a teenager rear end a parked car and immediately threw a vodka bottle out the window onto the lawn. Meanwhile the passenger was bleeding profusely from the heat after hitting the windshield but all this teen cared about was trying to save himself.
I was the only one that witnessed the bottle being thrown and for some reason the cops didn't get a BAC done. In the end, I was summoned to court as a witness to prove this was DUI. The teen was found guilty of DUI and the cop mentioned to me that had I didn't see the bottle being thrown from the car AND didn't see liquid coming from the bottle midflight, the teen wouldn't have been charged with the more serious offense.
Just thought I would add that. Seems it might apply to this case as well. In the end, I had to prove the bottle came from within the reach of the driver and that the cap was or once was off and fluid was still coming from it for it to be a DUI charge without a BAC being done.
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Last edited by BlackArcher101; 03-12-2009 at 04:47 PM.
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