“Yes.”
“Did she agree to take the tests?”
“Yes.”
“Did these tests include walking a straight line, repeating the words Methodist and Episcopal, and touching her nose with her head back and her eyes closed.”
“Yes.”
“Did Mrs. O’Leary pass the field sobriety tests?”
“Yes.”
“Am I correct in saying that Mrs. O’Leary was not driving erratically, she performed the field sobriety tests perfectly, and the point-eight breathalyzer reading was the sole basis for the arrest?”
“Yes.”
Regina was certain that Ragland was oblivious to the way the case was going and her suspicions were confirmed by the smug look on the prosecutor’s face when he rested.
“Do you have any witnesses, Miss Barrister?”
“Just one, Your Honor. Mrs. O’Leary calls Oscar Benitez.”
A slender man with a coffee-colored complexion and a leading man’s good looks walked to the stand, dressed impeccably in a dark suit, a yellow and navy-blue striped tie, and a white silk shirt.
“How are you employed, Mr. Benitez?”
“I am the owner of Pacific Northwest Forensic Services.”
“What does your company do?”
“We provide help to attorneys and others who have questions about forensic evidence.”
“Before opening your own business, where were you employed?”
“I worked at the Oregon State Crime Lab for fifteen years.”
“Do you have any experience with the breathalyzer machines that are used to determine the amount of alcohol in a person’s blood?”
“My experience with breathalyzers is extensive. I’ve used breathalyzers hundreds of times; I’ve tested them to make sure they are accurate, and I’ve read countless pieces of literature that discusses them.”
“Mr. Benitez,” Regina asked, “Is there an error factor in these machines?”
“Yes.”
“My client took a breath test and the result was a reading of point-eight. Can you please tell Judge Ogilvie what that means?”
Benitez turned to the judge. “The reading the machine prints out is never exact and a point-eight, maybe a point-nine, and a one.”
“Those would both be proof that a person is driving under the influence, wouldn’t it?” Regina asked.
“Yes.”
“Is there another percentage that a point-eight could be?”
“Yes. A point-eight reading could be a point-seven.”
“And that would mean a person was not breaking the law, wouldn’t it?”