Couple on the side of the I-35 fighting.

Man says he was the driver, and does a blood draw of .13.

Intoxication is not the issue.

Wheeling is- the female now claims to have been the driver, that he didn't want her to go to jail.

I anticipate the girlfriend will testify to as much.

I want to ask her on cross if she's claiming to be the driver because she realizes now there's an increase in punishment for him.

Can I do this?

I think it will be up to the judge to determine probative vs. prejudicial on that one. Not optimistic. Cant your office say that switching was not possible?

She's willing to perjure herself for that? Must be love...

Thanks for input- I will post on here what happens/why.

I'm not optimistic it will be acceptable- at the start of voir dire the judge told the jury it was a second and had to dismiss the panel because of his emphasis on it (he stated it more than once that it was a 2nd).