United States v. Abercrombie

W. Keith Watkins, UNITED STATES DISTRICT JUDGE

Defendant Daniel Leon Abercrombie was arrested for driving under the influence of alcohol. A breathalyzer said his blood contained 0.08 percent alcohol - the lowest amount that is illegal per se. But at trial, the government conceded that the breathalyzer has a margin of error. And according to the government's witness, Mr. Abercrombie's blood might have contained just 0.077 percent alcohol - an amount that would have required the jury to acquit him.

Knowing that Mr. Abercrombie was relying on a margin-of-error defense, the government introduced…