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United States News
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Title: DA drops DUI charge for man who tested positive for caffeine
Source: KCRA 3
URL Source: http://www.kcra.com/article/da-drop ... -positive-for-caffeine/8543519
Published: Jan 1, 2017
Author: Tom Miller & Sarah Heise
Post Date: 2017-01-01 21:46:23 by Hondo68
Keywords: DA on Bath Salts, or other drugs, not tested
Views: 563
Comments: 6

Joseph Schwab pulled over while driving on I-680

Updated: 8:47 AM PST Dec 29, 2016

SOLANO COUNTY, Calif. (KCRA) — The Solano County District Attorney's Office decided Wednesday to drop a DUI charge against a Fairfield man who only tested positive for caffeine.

The charges were dropped more than 16 months after Joseph Schwab, 36, was pulled over on Interstate 680 near Gold Hill Road as he drove to his Fairfield home.

"After further consideration, without a confirmatory test of the specific drug in the defendant's system that impaired his ability to drive, we do not believe we can prove the charge beyond a reasonable doubt," District Attorney Krishna Abrams said Wednesday in a news release.

Abrams still believes some drug other than caffeine was in Schwab's system, but that testing didn't reveal it.

Drug tests don't screen for everything.

Synthetic cannabinoids like spice, performance enhancing drugs like steroids, and designer stimulants like bath salts are rarely tested in DUI blood tests, according to forensic toxicologist Edwin Smith.

"Do we wish that it could test for more drugs?" Abrams said. "Absolutely, because then we would know what was in his system."

The Alcohol Beverage Control agent who pulled over Schwab in August 2015, described seeing him "weaving in and out of traffic, almost causing several collisions." She also believed he was under the influence of a drug.

Inside Schwab's car, the agent found a number of workout supplements including powders, but all of them were legal.

The agent conducted several field sobriety tests and arrested Schwab, who agreed to take a blood test at the jail. The results came back negative for cocaine, THC, opiates, methamphetamine, oxycodone and several other drugs. The one positive result was caffeine.

On Tuesday, Abrams said she was still moving forward with the DUI charge. However, after talking with forensic toxicologists Wednesday and her top investigators, she felt she could no longer prove the case beyond a reasonable doubt.

"The attention from the press or the media or the social media would never dictate what we do in a case," Abrams said. "As my dad always says, 'shut out the noise and do what's right.'"

Schwab and his attorney had filed a motion asking for the charge to be dismissed. Schwab is still charged with reckless driving, a misdemeanor.


Poster Comment:

It seems that the DA was high on bath salts. She's come down some in 16 months, but she still looks totally whacked.

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#1. To: hondo68 (#0)

District Attorney Krishna Abrams said Wednesday in a news release.

Is she one of those?

She doesn't even blink.

Fred Mertz  posted on  2017-01-01   22:23:57 ET  Reply   Trace   Private Reply  


#2. To: Fred Mertz, WOD burn outs, Fire Island (#1)

Is she one of those?

Like Sgt. Stadanko, another casualty of Drug Evidence Locker - burn out. A common problem with the drug warriors.

Sgt Stadanko, smoking Iguana.

The D&R Party is a suicide cult!

Hondo68  posted on  2017-01-01   22:40:23 ET  (1 image) Reply   Trace   Private Reply  


#3. To: hondo68 (#2)

A K A Stone  posted on  2017-01-01   23:33:17 ET  Reply   Trace   Private Reply  


#4. To: A K A Stone, Stacy Keach (#3) (Edited)

Stacy Keach, as Mike Hammer

The D&R Party is a suicide cult!

Hondo68  posted on  2017-01-02   0:10:38 ET  Reply   Trace   Private Reply  


#5. To: hondo68 (#2)

What a funny picture!!! ROFLMAO !!

Is that Stacy Keach, or ??

Si vis pacem, para bellum

Rebellion to tyrants is obedience to God.

There can be no divided allegiance here. Any man who says he is an American, but something else also, isn't an American at all. We have room for but one flag, the American flag... We have room for but one language here, and that is the English language... and we have room for but one sole loyalty and that is a loyalty to the American people."Theodore Roosevelt-1907.

I am concerned for the security of our great nation; not so much because of any threat from without, but because of the insidious forces working from within." -- General Douglas MacArthur

Stoner  posted on  2017-01-02   9:56:38 ET  Reply   Trace   Private Reply  


#6. To: Stoner (#5)

Is that Stacy Keach

Yes.

The D&R Party is a suicide cult!

Hondo68  posted on  2017-01-02   12:13:26 ET  Reply   Trace   Private Reply  


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