DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.
Earlier this month, the Supreme Court of Arizona took up the issue of whether partition ratio evidence is admissible in a prosecution for DWI (Driving While Intoxicated, Arizona’s version of Florida’s DUI offense). The Blood Breath Partition Ratio assumes that 2100mL of breath contains the same amount of alcohol as 1 mL of blood. The Court ruled such evidence is relevant and therefore may be admissible to show the defendant’s lack of impairment. To read the opinion, click here.
I was surprised to see that this issue regarding the partition ratio was not yet settled in Arizona, since I had obtained an opinion here in Florida crucifying the State for attempting to keep this highly relevent and important information from the jury.
As an interesting sidebar, the judge who issued the opintion in my case was none other than the Honorable Marilyn Milian of the highly successful syndicated TV show The People’s Court. Before becoming the judge on The People’s Court, Judge Milian was a prosecutor in Miami, Florida and an extemely well-respected judge on the criminal court bench.