Despite only testing positive for caffeine, a California prosecutor is pursuing DUI charges against a man arrested during a traffic stop last year.

Solano County District Attorney Krishna Abrams admits it will be a “very difficult challenge” to convict the man. Especially considering she has absolutely no evidence.

But since when did lack of evidence ever stop a prosecutor from moving forward with an unlawful arrest?

Meanwhile, Joseph Schwab, 36, is having to needlessly spend money on an attorney to keep himself out of jail for driving under the influence of caffeine.

However, Abrams insists she is not prosecuting him for driving under the influence of caffeine. She just believes he was under the influence of another drug that was not detected in the blood test.

What that may be is anybody’s guess but so far, two laboratories have analyzed Schwab’s blood and have only detected caffeine.

Nevertheless, Abrams points out that the arresting officer, Alcohol Beverage Control Agent Michelle Ott, is “qualified as an expert in DRW (drug recognition evaluation),” according to a press release, which is a must read for its absurdity.

Agent Ott has also received an award from Mothers Against Drunk Driving, so maybe that makes her even more of an expert.

But let’s not forget how another California cop who also won awards from MADD for his aggression in arresting drunk drivers is now serving a jail sentence for shooting and killing a drunk driver, so even experts get it wrong sometimes.

Schwab’s arrest took place on August 5, 2015 when Alcohol Beverage Control Agent Michelle Ott pulled over Schwab after noting he was “weaving in and out of traffic almost causing several collisions.”

Using her expertise, Ott noticed Schwab appeared “highly agitated, ‘amped up,’ and his pupils were dilated,” according to Abrams press release.

These are symptoms of caffeine, of course, but we’re not the experts here, so what do we know?

Schwab’s trial is scheduled for January 11, 2017 where he is facing reckless driving and driving under the influence charges.

UPDATE: Abrams decided to drop the case after she was exposed trying to convict a man without evidence.

She claims the decision to dismiss the case came  “after further investigation and consultation with experts from several forensic laboratories.”

But we know better.