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Client found not guilty after trial on charge of Over 80. The client had given inconsistent evidence to the arresting officer, but defence lawyer Joseph Neuberger, interviewed a colleague of the client who was present on the evening and it appeared that the client and the witness both consumed 6 ounces of Overproof Rum about 10 minutes prior to leaving the nightclub and nothing else. The client was stopped within a few minutes of leaving the club. As such, defence lawyer Joseph Neuberger ran a “last drink” defence and called a defence expert toxicologist to establish that at the time of driving, the client would have had a blood alcohol concentration below the legal limit although the readings at the time they were taken at the police station some hour and half later were accurate. The trial judge found the evidence raised a reasonable doubt and the client was found not guilty.
