“It’s really stupid,” said Jeffrey Zehnder, a forensic toxicologist who frequently testifies in court cases. Over 41 years, Zehnder said, he had never seen a prosecution for driving under the influence of caffeine.“If that’s the case, then they better come and arrest me,” he joked.
“If that’s the case, then they better come and arrest me,” he joked.
Zehnder was informed about the case by Barrett, but has not been contracted to testify on either side.
California vehicle code defines a “drug” as any substance besides alcohol that could affect a person in a manner that would “impair, to an appreciable degree” his ability to drive normally.
Making that case with caffeine would be difficult, Zehnder said, because the prosecutor would have to show that impaired driving was specifically caused by the caffeine and not any other circumstances.
“There are no studies that demonstrate that driving is impaired by caffeine, and they don’t do the studies, because no one cares about caffeine,” he said.
As for Schwab, he just wants this ordeal to be over. In a statement provided to the Guardian by his attorney, he said his reputation had been damaged.
“No one believed me that I only had caffeine in my system until I showed them the lab results,” he said. “I want the charges to be dismissed and my name to be cleared.”
Yes.....this is CA. They will. They really will.