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State v. Mr. P. (DMC No. 9389)

PUBLIC INTOXICATION DISMISSED – State v. Mr. P (DMC No. 9389) (Scottsdale City Court No. 2008-034054): Mr. P was employed by an Assisted Living Home and was taking care of an elderly gentlemen who was in a wheelchair. Various people called the Police, because they were concerned that Mr. P was impaired and that the gentlemen in the wheelchair was at risk and left unattended outside. When Police made contact with Mr. P, they smelled a strong odor of alcohol and gave him a breath test which revealed a .232 BAC. Mr. P was cited for Public Intoxication under the Scottsdale City Code SRC 19-8A. We argued to the Prosecutor that the City code was “Void for Vagueness”, and therefore Unconstitutional. The Prosecutor agreed and dismissed all charges against Mr. P.

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