DISMISSED | DUI (.139) – State v. Mr. S. (San Tan Justice Court No. TR-0651694CR): Mr. S. was seen pulled over on the U.S. 60 with his hazard lights on. When officers made contact they observed that his female passenger had vomited twice. They subsequently arrested Mr. S. for DUI and he provided a breath test of a .139 BAC. Due to the fact that the officer never saw Mr. S. actually driving, we filed a Motion to Dismiss for “lack of actual physical control.” Just prior to the Evidentiary Hearing, the State moved to dismiss all charges.
