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State v. Mr. M. (DMC No. 10164)

Mr. M was involved in a traffic accident on the State Route 51 near Cactus Road. Officers were called out and Mr. M was arrested for DUI and he provided a blood test of a .303 BAC. While in the back of the Patrol car, he became belligerent and used profanities. The Officers’ claimed that he tried to grab a taser and Mr. M. was then charged with Felony Aggravated Assault on a Police Officer under Arizona Revised Statute ARS 13-1204(A)(8)(A). Because Mr. M had 2 prior felony convictions, he was facing potential of 5 years+ in Prison.

At Jury Trial, we were able to show that Mr. M was extremely intoxicated by alcohol. This proved that he did not have the requisite “intent” necessary to grab a taser, turn it on and fire it at the Officer. He was simply pulling away while Officers were attempting to restrain him. The Jury agreed and found Mr. Mm Not Guilty of all charges.

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