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State v. Mr. B (DMC No. 9571)

NOT GUILTY/ PARTIAL ACQUITTAL at BENCH TRIAL: SUPER EXTREME DUI (.205 BAC) Only- State v. Mr. B (DMC No. 9571) Aug. 3, 2010 (Phoenix City Court No. 3981751): Mr. B was in Phoenix, Arizona when he was served pulling up to the intersection at 51st Avenue and Bell Road. At the left hand green turn arrow Mr. B’s vehicle did not move, and the Officer then pulled him over. After a DUI investigation, he was taken to a DUI van in which he provided a .205 BAC blood sample. Because he was above a .200, he was charged with Super Extreme DUI along with other charges. At Bench Trial, we were able to argue that the variance of the machine would not allow a verdict of guilty beyond reasonable doubt as to Super Extreme DUI charge. The Judge agreed, and Mr. B was found Not Guilty of the Super Extreme DUI. He was, however guilty of the regular Extreme DUI and was sentenced to 30 days in jail.

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