A man filed an appeal from the decision of the first district court of Nassau County concerning its judgment of DWI and over speeding law suit.
The incident happened when a Nassau County police officer observed that the man’s traveling is at about 90 miles per hour on the Long Island Expressway. The officer confirmed that his estimate is done by a laser device and by his speedometer. A New York Criminal Lawyer said the officer stopped the man and found out that the man showed several signs of intoxication. The man admitted to having a drink and the officer administered a series of field sobriety tests, all of which the man failed. The officer arrested the man and transported him to the police department, where the man again failed a series of sobriety tests and permitted to a chemical test of the alcohol content of his blood. The test, conducted through a breath test instrument revealed a result of.11 per centum by weight.
The man wanted to bring in an expert testimony as to the range to get the concentration of alcohol in a person’s blood from the quantity of alcohol vapor detected in a breath sample. The man did not challenge the instrument’s reliability, but sought to lay the foundation for a jury argument that man’s individual ratio might differ so significantly from the mean as to diminish the verification weight to be accorded the test results. The court disallowed the evidence on ground of relevance.