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State v. Mr. D. (DMC No. 5182)

Mr. D. was found in a Circle K parking lot in Youngtown, Arizona just after midnight. The car was in park, the engine was on in order to run the heater, and the seat was fully reclined with Mr. D. seated fast asleep. When the Youngtown Police Officer’s woke him up, he stated he was sleeping because he did not want to drive.

Once he was removed from the car, a background check was conducted which revealed he had a prior DUI conviction. He was then charged with a 2nd Offense Extreme DUI under Arizona Revised Statute ARS 28-1382 and arrested. He produced a BAC content of .190 down at the station.

At Trial, we were able to show that Mr. D. was not in “Actual Physical Control” of his vehicle, and did not pose a danger to anyone on the roadway because his car was in park, he was asleep, and he was merely using it as a temporary shelter in order to “sleep it off”. The Jury agreed, and returned verdicts of Not Guilty on all charges against Mr. D. He was originally facing a minimum of 4 months in Jail.

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