DUI DRUGS (marijuana) REDUCED to RECKLESS DRIVING with ZERO DAYS in JAIL – State v. Mr. B. (DMC No. 4766) (Fountain Hills City Court TR2004-01314): Mr. B. was pulled over on Fountain Hills Boulevard for allegedly speeding in a school zone. Once Mr. B. was pulled over, the officer claimed he could smell marijuana. Mr. B. admitted that he had smoked in the last 24 hours, and a Drug Recognition Evaluation (DRE) was performed on Mr. B. The officer came to the conclusion that Mr. B. was impaired by marijuana and cited him for DUI Drugs. Because the stop was potentially Unreasonable, we were able to convince the Prosecutor to reduce the DUI Drug charge down to a simple Reckless Driving with zero days in jail.
