DWI DISMISSED – State v. Ms. S. (Hassayampa Justice Court No. TR-2006144957000): Ms. S. made a u-turn and clipped a curb, thereby causing a flat tire. She was driving 5 miles per hour to get a well-lit area when a cop pulled her over. The officer changed her tire for her and spoke with her for about 15 minutes. It suddenly dawned on him that he smelled an odor of alcohol, and he arrested her for DWI. While at the station, she attempted two breath tests: the first one failed and the second one revealed a .102 BAC. We were able to convince the prosecutor to subsequently dismiss the case based on the weakness of the State’s case.
