California man charged with DUI for driving under the influence of caffeine is now fighting to clear his name
According to documents provided to the Guardian, a second test was done in a Pennsylvania lab, the test showed positive for one thing only — caffeine.
SOLANO COUNTY, CALIFORNIA — A California man charged in 2015 with driving under the influence of a drug says he wants to clear his name after blood tests revealed caffeine but no sign of any drugs.
On Aug. 5 of that year, Joseph Schwab, 36, was driving home from work in Solano County when he was pulled over by a police officer in an unmarked car, the Guardian reported.
According to the police officer, Schwab was driving erratically and had cut her off. Although Schwab blew a 0.00% blood alcohol level on a breathalyzer test, he was was booked into the county jail and had his blood drawn for further testing.
The toxicology report showed that Schwab was negative for benzodiazepines, cocaine, opiates, THC, carisoprodol, methamphetamine, oxycodone and zolpidem.
According to documents provided to the Guardian, a second test was conducted in a Pennsylvania lab. The test showed that Schwab did indeed have a chemical in his system — caffeine.
Schwab later filed a motion to get the case dismissed, but the motion was denied. Now Schwab plans to take the case to court on Jan. 11.
According to Sharon Henry, chief deputy district attorney for Solano County, her office was still investing the matter. She said “the charge of driving under the influence is not based upon the presence of caffeine in his system.”
Joseph Schwab was charged with a DUI for driving under the influence of caffeine. WISE GEEK
Schwab is set to bring his case to a jury on Jan. 11. CATRAFFICTICKET.COM
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