Not Guilty Operating Under the Influence of Drugs

Yesterday, Jim Amberg of Amberg & Amberg, PLLC, walked out of the 35th District Court in Plymouth Michigan with a stunning not guilty of operating under the influence of drugs.  Jim's client, a paramedic, was driving to work when a caller reported a driver driving erratically all over the road.  Upon arrival to the location, Plymouth Township officers spotted Jim's client's vehicle nearly hit a number of cars and drive extremely erratic.  After being stopped, officers performed a series of field sobriety tests on Jim's client.  His performance on the tests was terrible and he had to be held up by officers.  Clearly something was amidst and the client was arrested.  A blood test was performed, with the results indicating Jim's client's blood contained morphine, codeine, xanax, and ambien. 

Because Jim's client faced losing his ability to drive an ambulance if convicted, the stakes were high.  However, without any expert testimony or other witnesses, Jim was able to establish that his client's actions and performance on the field sobriety tests could be explained not by drug intoxication, but instead because of the client's then un-diagnosed diabetes.  This argument was seconded when Jim established that the levels of drugs found in his client's system were within therapeutic amounts, thus intoxication could not be proven.  The Jury deliberated and eventually found Jim's client NOT GUILTY of all charges.  Because of this, Jim's client keeps his job and can continue to save people's life as a paramedic.

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