DUI (.133 BAC) REDUCED to SPEEDING/WEAVING TICKET due to ACTUAL PHYSICAL CONTROL ISSUE – State v. Mr. H. (DMC No. 4687) (Tempe City Court 04-725857): Mr. H. was observed in the City of Tempe sitting in his car parked in an alley way while he was sleeping and the engine was running. Officers woke him up and arrested him for DUI. He eventually provided a .133 BAC. We argued he was not in “Actual Physical Control” of his vehicle, and the State relented and offered a plea to a mere “speeding” and “weaving” ticket (what is known as “points”), in exchange for getting rid of the DUI charge.
