California: prosecutor drops DWI charge against Vice Mayor after a new look at BAC level gets an “adjustment”…

From San Mateo Daily Journal
San Carlos Vice Mayor Andy Klein, who stepped aside as a mayoral candidate following his arrest on suspicion of driving while intoxicated, will ask for reconsideration after news that prosecutors won’t file criminal charges.
“Now I am definitely throwing my hat back in the ring. There’s not a reason not to. The circumstances are changed and this is no longer a distraction for the city,” Klein said.
On Monday night, Klein, 29, apologized for any public embarrassment and asked that Councilman Randy Royce be named to replace mayor Omar Ahmad who died of a heart attack May 10. The council was unable to reach a majority decision and Klein was left as acting mayor until the next council meeting.
On Tuesday, District Attorney Steve Wagstaffe announced his office would not charge Klein with misdemeanor DUI because a blood sample drawn after his May 12 arrest showed a blood alcohol level of .07 percent. Wagstaffe also cited Klein’s performance on field sobriety tests and the lack of proof he was unequivocally impaired to
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