A California man is reportedly willing to fight for a felony charges of driving under the influence after he was pulled over in 2015, and a blood test showed only traces of caffeine in his system.
According to The Guardian, Joseph Schwab was reportedly driving erratically and cut off from an officer of the California department of alcoholic beverage control in August 2015 in Solano Country.
Schwab’s lawyer Stacey Barrett told the newspaper that he was given a breathalyzer test which showed his blood-alcohol level at zero percent. A toxicology test also came back negative for drugs. Schwab was booked in the county jail.
Pennsylvania lab that carried out a second test documents supplied to The Guardian revealed that the only thing in Schwab’s system is caffeine.
Schwab’s motion to get the case dismissed was denied and now he is scheduled for a Jan. 11, 2017 court fight. Solano County deputy district attorney Sharon Henry said the department was still investigating.
“The cost of driving under the influence is not based on the presence of caffeine in his system,” Henry said in a statement.
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