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State v. Mr. J (DMC No. 12891)

NOT GUILTY/ COMPLETE ACQUITTAL at JURY TRIAL: DUI and DWI (.112 BAC)-State v. Mr. J (DMC No. 12891) Jun. 4, 2015 (Lake Havasu Consolidated City Court MTR2014-03161): Mr. J was traveling southbound on Acoma approaching Daytona Road in Lake Havasu City, Arizona. A Police Officer claimed that Mr. J did not come to a complete stop at a stop sign. He then pulled him over and processed him for a DUI. He subsequently provided a breath sample which showed a .112 BAC.

At Jury Trial, we argued to the Jury that the stop was questionable (ie. “Pretext” stop). We also pointed out that Mr. J had acid reflex which could cause a mouth alcohol issue and falsely inflate his breath reading. In addition, there was a Radio Frequency Interference (RFI) warning that showed up on the machine 5 minutes prior to Mr. J’s breath test. Lastly, he asked to be released to get an Independent Blood Test, and was instead booked into Jail and only given a phone book. We argued that the Police Officer knew that he must be released to get the test because no hospital nurse will show up to the jail. The Jury deliberated for about 1 hour and found Mr. J Not Guilty of all charges.

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