SUPER EXTREME DUI (.215 BAC) REDUCED to REGULAR DUI with 10 DAYS in JAIL – State v. Mr. V. (DMC No. 4716) (Superior/Kearny Justice Court TR2003-2691): Mr. V. was seen travelling northbound on Stone approaching Main Street, when he made a turn while running the stop sign. Another vehicle almost struck Mr. V.’s car, and an officer made a u-turn and pulled Mr. V. over. He was subsequently arrested and taken into the main police station in Superior Arizona, and he provided a breath sample which revealed a .215 BAC. Because there were questions regarding the “depravation period”, the breath test was suspect. In addition, during the eye test (HGN) only 4 of 6 clues were cited. This did not correlate with the BAC that was obtained. Due to all of these issues, we were able to secure an offer to Regular DUI which included only 10 days of jail. Mr. V. was originally facing 45 days of jail.
