DUI (.113 BAC) DISMISSED due to ACTUAL PHYSICAL CONTROL ISSUE – State v. Mr. M. (DMC No. 9775) (Florence City Court TR2010-0580): The Florence Police Department received a call that an individual had backed his car into a neighbor’s car at approximately 7400 W. Rushmore Way in Florence, Arizona. When they arrived neighbors pointed to Mr. M.’s house, and police made contact with him. Although Mr. M. admitted he had driven the vehicle, no one could positively identify him as the one who, in fact, had the accident. Even though he later provided a breath test which resulted in a .113 BAC, we were able to have the entire case dismissed with an agreement that he reimburse his neighbors damages, and a small civil ticket for “unsafe backing”. Originally, Mr. M. would have lost his job if he would have been convicted of the DUI.
