Nutz

Lost an O.V.I. yesterday. Nutz. I had testimony that the guy had only had one drink. That the HGN test is only 70% accurate. That diabetes and time of day and even nicotine affect it it. Unfortunately, he volunteered that he takes 42 pills a day and "probably all of the bottles say do not drink with this drug."

The guy is a diabetic, is on a list for heart lung transplant, smokes, etc.

Still probably no reason to appeal. The guy had about four different driving under suspensions. So the magistrate gave him 70 days each on each of his M1s all to be served concurrently. So even if we appealed and won he'd still have to serve 70 days.