Man charged with driving under influence of caffeine
A California man charged with one count of driving under the influence of a drug says he wants to clear his name after blood tests reportedly revealed the presence of caffeine and no narcotics.
Court records show that the Solano County District Attorney’s Office filed the single misdemeanor DUI charge against Joseph Schwab in June.
According to Mr. Schwab’s attorney, the sole evidence prosecutors have against Mr. Schwab are blood results that show he only had caffeine in his system at the time of his arrest.
Mr. Schwab’s attorney filed a motion to dismiss the charge in Superior Court last week, and discussed the case publicly for the first time in an interview published by The Guardian newspaper Saturday.
The case dates to August 2015, when Mr. Schwab was pulled over by a member of the state’s Department of Alcoholic Beverage Control for allegedly driving erratically, his attorney, Stacey Barrett, told the newspaper.
A subsequent Breathalyzer test failed to indicate Mr. Schwab had been drinking, but he was booked into the county jail and subjected to a blood test, his attorney said.
The results of an initial toxicology exam failed to find the presence of any narcotics in Mr. Schwab’s blood, his lawyer said. That same sample was then sent to a lab in Pennsylvania for further analysis, where scientists said it tested positive for a single substance: caffeine.
If the case is not dismissed by Jan. 11, Mr. Schwab plans to take his it before a jury, he told the Guardian.
Eve at Beth Eden Baptist Church to ask the black community to remain calm while an internal investigation is completed.
Several pastors said the community still believes the police chief, mayor and other city officials want to work with the pastors and the black community, but they have lost faith in the ability of the officer, who hasn’t been named and is on paid restricted duty, to police the community.
The arrest was filmed on a cellphone and a video was posted to Facebook late Wednesday. It had been viewed millions of times as of Sunday.
City officials held a news conference Friday to address the video. During it, Police Chief Joel Fitzgerald, who
is black, said: “I can’t call it racism but I noticed in the video that the officer was rude. There’s a difference between rude and racism.”
Police were called to an argument between Jacqueline Craig and a neighbor who Ms. Craig said choked her 7-year-old son after the neighbor said he littered and refused to pick it up. The video shows a quickly escalating argument between Ms. Craig and the unnamed officer.
The officer asks Ms. Craig why she didn’t teach her son not to litter. Ms. Craig answers that whether he littered or not, the neighbor didn’t have the right to put his hands on her son. The officer can be heard asking, “Why not?”
He is seen wrestling Ms. Craig to the ground after one of her daughters tries to step between the officer and Ms. Craig. He points a Taser into Ms. Craig’s back and, after cuffing her, points the Taser at the daughter who tried to intervene and arrests her. Police said the daughter filming the incident was arrested, too.