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Man taking Gwinnett DUI arrest to Ga. Supreme Court

Weston Dean Cronkite is taking his Gwinnett DUI arrest all the way to the state's highest court.

Cronkite, listed as a New Jersey resident, was stopped for speeding in Gwinnett on Jan. 15, 2010, and ultimately arrested for driving under the influence. Breath tests at the scene produced blood-alcohol content readings of 0.187 and 0.201 -- well over Georgia's legal limit of 0.08.

On Monday, Cronkite's attorneys will argue an appeal in front of the Georgia Supreme Court.

After the case was scheduled several different times for trial, Cronkite reportedly filed a motion for a "certificate of need for testimony," namely asking for the programming instructions for the Intoxilyzer 5000 through the testimony of a representative of the breathalyzer device's Kentucky manufacturer.

A local court and a state court of appeals ultimately ruled that the expert's testimony -- that teeth implants or partial dentures like Cronkite has could "cause the trapping of excess alcohol in one's mouth" -- was immaterial.

The appeals court ruled that, because the expert witness couldn't say for sure the affect on the Intoxilyzer's readings, the testimony presented amounted only to speculation.

Cronkite's attorneys will argue Monday that existing precedent requires only "a showing of a logical connection between the evidence sought and an issue in the case."

The state (represented by Gwinnett County Soliciter General Rosanna Szabo) has contended that the witness testified that he had never "seen, examined or otherwise handled the source code," proving his input was merely speculation.

Comments

GregRodgers 1 year, 7 months ago

What a shame....

A drunk driver is found to be drunk by a breathalizer and he and his sad case attorney's want to tie up the case with the supreme court while wasting county resources for nothing more than nonsense.

This is why these DUI Defense Attorney's get paid big bucks but also why they get a bad name. Sure...people want the best defense they can get. Find any loophole and exploit it.

Great...so the guy gets off..gets in his car and kills someone because he is a drunk who likes to drive. A person is dead, the driver is still a drunk...but the drag em out Attorney at home sipping his/her double malt counting the killers money.

Shame on the supreme court for entertaining this nonsense.

What's next....people who get pulled over and have been found to have been smoking crack but sue the hospital that did his blood test because he has an artifical leg that somehow made his blood test come back as coke. Yeah...just as stupid!!

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mugsy 1 year, 7 months ago

The basic duty of any attorney is to force the state to prove the charges against his client. Requiring that the machines used by law enforcement are accurate is the least any defendant should expect of his lawyer. One would have to be under the effect of hallucinogens to be so fearful of an acquittal leading to massive death and destruction to the general populace. This attorney should be commended for his devotion to his client and the constitution.

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