"The justice system actually works," John Bonaventura, Las Vegas Township constable told FOX5 on Friday, moments after DUI charges against him were dropped by the Clark County District Attorney's office. "It's just like I said when I was interviewed right after this incident happened is that I'm not guilty, and I was not over the limit."
Bonaventura was arrested by Nevada Highway Patrol Troopers for DUI and speeding Feb. 12.
In a statement released Friday, Clark County District Attorney Steve Wolfson said Bonaventura's preliminary breath test indicated he was over the legal limit, but state law states that test can't be used as evidence in court.
"Basically, a preliminary breath test is a tool in which law enforcement can use ... to arrest an individual," said Jess Marchese, a defense attorney and former DUI prosecutor.
Marchese says that preliminary breath test doesn't hold up in court because it is not accurate.
"There is definitely a larger margin of error than the intoxilizer, which is the machine which is used either at the jail or if there's a DUI van," Marchese told FOX5.
Bonaventura's intoxilizer test, according to the DA's statement, showed he had a blood alcohol level of 0.069.
The legal limit in Nevada is 0.08.
According to Bonaventura's arrest report, about an hour and a half passed between those two tests.
The DA's office also said a further investigation suggests a different constable's vehicle was speeding, but Bonaventura was pulled over because both vehicles are identical.
"I've said it from the beginning and I'll say it again ... I was not over the limit, there it is, there's your proof," Bonaventura said.
Copyright 2013 KVVU (KVVU Broadcasting Corporation). All rights reserved.
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