After being pulled over on 5 August 2015, Schwab was charged by the Solano County district attorney with misdemeanor driving under the influence of a drug.
Almost 18 months later, Schwab is preparing to go to trial. The only evidence the DA has provided of his intoxication is a blood test showing the presence of caffeine.
Shcwab was driving home from work when he was pulled over by an agent from the California department of alcoholic beverage control, who was driving an unmarked vehicle. The agent said Schwab had cut her off and was driving erratically.
The 36-year-old union glazier was given a breathalyzer test which showed a 0.00% blood alcohol level, his attorney said. He was booked into county jail and had his blood drawn, but the resulting toxicology report came back negative for benzodiazepines, cocaine, opiates, THC, carisoprodol (a muscle relaxant), methamphetamine/MDMA, oxycodone, and zolpidem.
The sample was screened a second time by a laboratory in Pennsylvania, according to documents provided to the Guardian, where the sole positive result was for caffeine – a substance likely coursing through the veins of many drivers on the road at any given time.Amen, if it's a crime, I committed it already today.
Barrett has filed a motion for the case to be dismissed because the charges were not brought until June 2016 – nearly 10 months after incident. If that motion is denied, Schwab will take his case to a jury on 11 January.This has the smell of a personal vendetta.
Sharon Henry, chief deputy district attorney for Solano County, said in a statement that her office was “conducting further investigation in this matter”.
“The charge of driving under the influence is not based upon the presence of caffeine in his system,” she added.
Barrett counters that if the prosecution has evidence of a different drug in her client’s system, it should have to provided that to her, based on the rules governing criminal proceedings.
Wombat-socho at The Other McCain steps up with "Rule 5 Sunday: Happy New Year!"