Scottsdale, AZ. March 5, 2010 – David Michael Cantor’s office earned his client a not guilty verdict on the charges of driving under the influence of Ambien (i.e., DUI Drugs) in the case of State v. Niederer. A Scottsdale City Court jury found Niederer not guilty of the stated charges.
Cantor’s associate provided evidence that Niederer did well on field sobriety tests and that any mistakes observed were due to the effects of pain and fatigue Niederer was experiencing as a result of strep throat and not Ambien. The jury found that the Gas Chromatograph device utilized by the State to test Niederer’s blood was questionable and the State did not bring in any maintenance or calibration records on that particular device.
“We were able to provide evidence that Niederer did quite well on the field sobriety tests and any ill effects were not the cause of Ambien,” said David Michael Cantor. “As a result we were able to earn a not guilty verdict for our client.”
During cross examination of the State’s criminalist who analyzed the blood, an associate for Arizona criminal lawyer Cantor was able to get the criminalist to testify that she would perform poorly on a field sobriety test due to the fatigue and pain caused by a recent root canal. Another State’s expert admitted that although Niederer had Horizontal Gaze Nystagmus (an involuntary jerking of the eyes due to a neurological dysfunction). Ambien could cause this eye dysfunction without causing any driving impairment.
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