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State v. Mr. M. (DMC No. 5265)

CONTRIBUTING to the DELINQUENCY of a MINOR and FURNISHING ALCOHOL to a MINOR NOT CHARGED – Stave v. Mr. M (DMC No. 5265) (Maricopa County Sherriff’s Office DR No. 2004-072428): Mr. M and his friend went to a Diamondbacks baseball game. An undercover Detective observed Mr. M and his friend walking with beers in the upper level of the stadium. The Detectives stopped them because he felt they “looked too young”. They were subsequently taken to the Security in the basement of the ballpark and both were given breath tests which showed a .19 and .16 BAC, respectively. Mr. M was subsequently charged with Contributing to the Delinquency of a Minor per Arizona Revised Statute ARS 13-3613(A), and he was charged with Furnishing Alcohol to a Minor per Arizona Revised Statute ARS 4-244.9.

Because the stop was based upon a visual estimation only, and the fact that Mr. M was almost 21 years old, we were able to convince the Prosecutor to not press charges. This was due to the fact that there was No Reasonable Suspicion to stop these gentlemen. Mr. M has no conviction on his record.

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