Wednesday, January 30, 2013
© Copyright 2013
Gwinnett Daily Post
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.