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State v. Mr. P (DMC No. 4541)

COMPLETE ACQUITTAL at JURY TRIAL/NOT GUILTY: EXTREME DUI (.179 BAC), DUI & DWI – State v. Mr. P (DMC No. 4541)  (Phoenix City Court No. 3029827): Phoenix Police Officers claim that they saw Mr. P at 24th Street and Thomas Road in Phoenix, Arizona when he exited a private drive and forced another car to swerve and slam on its brakes. The Officers rendition differed from those of another officer that was at the scene. After Mr. P was pulled over, he was given a Breath Test which revealed a .179 BAC. He was then arrested and cited for DUI. Just prior to Jury Trial, we had filed Motions arguing that the Breath Testing device did not have satisfactory calibration records. The State was forced to dismiss the Extreme DWI and DWI charges, and preceded to the Jury on the DUI charge only. At Trial, we were able to show enough discrepancies in the evidence, which resulted in a verdict of “Not Guilty” being returned on all remaining charges.

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