PROBATION VIOLATION DISMISSED/VEHICULAR AGGRAVATED ASSAULT – State v. Mr. D. (DMC No. 5499) (Maricopa County Superior Court CR2000-016167): Mr. D. was originally sentenced to 4 years in prison with a 4 year probation “tail” upon his release. This was due to a vehicular aggravated assault. Upon his release, he began probation and the Probation Officer had him take a hand held breath test. According to the P.O., he had tested “positive” for alcohol and was taken into custody. He asked for a blood test and vehemently denied the allegations. We were able to show the Judge that Mr. D. was denied his right to gather exculpatory evidence, and the Petition to Revoke was dismissed.
