NOT CHARGED/DISMISSED | AGGRAVATED DUI NOT CHARGED/MISDEMEANOR DUI – State v. Mr. W. (DMC No. 10168) (Mesa City Court 2008-046536): Mr. w. was accused of taking a large U-Haul truck through a fast food drive thru and striking the roof. When police arrived, they contacted Mr. W. outside of his vehicle and he invoked his right to counsel. Mr. W. was unable to contact an attorney. The City Prosecutors Officer mistakenly accused Mr. W. of having a suspended driver license for a previous DUI. They then dismissed the misdemeanor in order to route the case for felony charges. Due to the fact that Mr. W. did not have a suspended license, the fact that he had problems reaching an attorney, and the fact that the State had trouble contacting the witness who was to place Mr. W. behind the wheel, no felony charges were ever brought against Mr. W., and the misdemeanor statute of limitations ran.
