DUI (.121 BAC) DISMISSED – State v. Mr. F. (DMC No. 5606) (Page City Court TR2004-0846): Officers claim that they saw Mr. F. on Lake Powell Boulevard travelling 25 in a 30 mph zone. They stated that he would hit his brakes then speed up again (multiple times) for “no apparent reason”. Once he pulled into a high school parking lot, Officers contacted him and began a DUI investigation. He was subsequently arrested and taken to the station where he provided a .121 breath alcohol test. He was then booked into jail and not released until the next day. We argued to the Prosecutor that since no other vehicles were affected, there was an “Unreasonable Stop” issue. He also asked to call a lawyer, and the officers told him they would not let him “until he is released”. Because of this violation of Right to Counsel, combined with Unreasonable Stop issue, we had all charges subsequently dismissed.
