According to latest reports, the charges on Troy Bryan of driving under the influence of alcohol have been dismissed by the jury. The decision was arrived at after a forensic expert testified that an adult man would need to drink six full size beers within an hour to achieve a .09 on the Draeger breathalyzer.
Bryan blew a .09 after he was stopped at a roadblock on the Antioch Road, Andalusia, according to the defendant’s DUI attorney. The cooler in Bryan’s car had two beers, while he and his brother-in-law had consumed two beers over a period of four hours, according to the attorney. Bryan’s brother in law had purchased a six pack, the attorney said.
Other factors influenced breathalyzer results
Although the BAC of .09 was over the legal limit, the results were hampered by the fact that Bryan was chewing tobacco and was treated for acid reflux, both of which can influence the results, said Bryan’s attorney. According to Calera Alabama DUI attorneys, the dropping of charges was expected in this type of case given the evidence.
Judge strikes down Fairley’s pleas to dismiss DUI charges
Former Auburn University football player and defensive tackle for Detroit Lions of the National Football League, Nick Fairley, was arrested on a DUI and reckless driving charges in May of 2012. He reportedly travelled at a speed of up to 100 mph in Tillman’s Corner along Interstate 10 near US 90.
The trial for his prosecution would begin shortly as the judge denied a motion to dismiss the charges against Fairley. The prosecution and the defense could not reach a plea deal. Fairley had also appealed to not allow the Mobile County District attorney’s office to prosecute him, a plea that also was struck down by Sarah Stewart, the Mobile County Circuit Court Judge.
The jury would be selected from a pool of 48 people. Judge Stewart said that the selection would not be based on whether they were an Alabama fan or a Lions fan, unless there were any signs of prejudice.
Fairley was sentenced to a six month jail term and fined $600 fine when he pleaded guilty to the charges in September 2012. He had pleaded guilty in the hopes of being admitted in the diversion program and have the charges dismissed. However, the fact that he had a past criminal record of being arrested for possession of marijuana, though the charges were later dismissed, made him ineligible for the diversion program.
Calera Alabama DUI attorneys following the case recall that the marijuana charges against Fairley stemmed from an arrest in April 2012. His neighbors in the Morningside Manor subdivision in southwest Mobile reported suspicious activity in a white Cadillac Escalade being driven with an out-of-state license plate in the neighborhood. Several witnesses were of the opinion the vehicle was probably being used to pedal drugs. Based on these reports, the police stopped the car and conducted a search. Marijuana cigarettes were found in a cup holder along with a herb grinder.
Fairley’s DUI attorney had argued that Fairley not being allowed to enter the diversion program by the District Attorney’s Office was the basis for his arguments. According to Judge Stewart, there was no statutory requirement or any law that made it mandatory to put anybody in the diversion program. The judge observed that the motion to remove the district attorney’s office from the case was also baseless. The trial is set to begin on Feb. 11th, with the Assistant District Attorney to call three Alabama troopers to testify.