In a legal case covered by WAVY-TV 10, Tom Hunter proved that a conviction of drunk driving can not solely be determined by blood alcohol content (BAC) levels.
In this case against Portsmouth Police Officer Eric Rodgers, the odds didn’t look good. While off duty, Rodgers was arrested after an automobile crash in Portsmouth. Rodger’s BAC tested at 0.13, which is nearly double the legal limit.
Rodgers turned to Hunter Law Firm for help. Tom Hunter took an hour walking through all of the evidence in the case with the court. Virginia law reads that, “If there was at that time 0.08 percent or more by weight by volume of alcohol in the accused’s blood or 0.08 grams or more per 210 liters of the accused’s breath, it shall be presumed that the accused was under the influence of alcohol intoxicants at the time of the alleged offense.” The key word is “presumed.” Tom Hunter explored additional factors in the case that showcased why Officer Rodgers’ BAC was not proof of intoxication. “Everybody knows that alcohol affects bodies differently, so a reading in itself, if you just went on a reading, science has also proven that that’s false,” Hunter said. “It’s not completely accurate. It’s an indicator.” Additional evidence examined included the fact that Officer Rodgers passed all of his sobriety tests without signs of drunkenness. Attorney Tom Hunter argued that Officer Rodgers’ BAC was only tested to prevent the Portsmouth police department from any indication of showing bias towards one of its own in the process.
Ultimately, Tom Hunter proved that despite a BAC exceeding the legal limit, Officer Rodgers was not intoxicated. Thanks to Tom Hunter, Officer Rodgers was found not guilty of drunk driving.
If you or someone you love is facing what seems like an impossible legal situation, chose the legal team that goes above and beyond. Hunter Law Firm is here to provide you sound legal counsel to fight for you and guide you through the process. To schedule an appointment to discuss your legal issue with one of our experienced lawyers, contact us online or call one of our four convenient offices. The Hunter Law Firm is based in Tidewater Virginia, with offices in Hampton, Gloucester and Chesapeake. Our award-winning attorneys serve all surrounding communities, including Virginia Beach, Newport News, Suffolk, Surry, Portsmouth, Isle of Wight, York County and Poquoson.
