Court acquits defendant of drunk driving due to prosecution's failure to prove intoxication occurred during the charged timeframe.

The court acquitted the defendant of the crime of driving under the influence, ruling that the prosecution failed to prove the alleged act occurred within the specific timeframe charged. Although the defendant was found intoxicated during a second police check, the court determined this happened too short a time after a negative preliminary test to be logically consistent with the defendant's actions. Consequently, the court held that the prosecution's evidence did not satisfy the legal requirements for the charged offense, leading to a complete acquittal.