Not Guilty/Complete Acquittal at Jury Trial – DUI (.076 BAC) – State v. Mr. L (DMC No. 18167) NOV 6, 2023 – West Mesa Justice Cour (Case No. TR2022-146990)
Mr. L. was travelling at 92 miles per hour on the eastbound 202, when he was pulled over by a Trooper. When asked why he was driving so fast, Mr. L. responded, “I feel like everyone wants to race.” He also admitted to drinking a glass of wine with dinner at Maple & Oak restaurant in Scottsdale.
He was subsequently given Field Sobriety tests, even though he told the Officer that he had recently had foot surgery, eye surgery, and had broken his back in the past. On the tests involving walking or standing on one leg, he did not perform well. However, on the finger-to-nose test and the finger count test, he performed perfectly. He was subsequently taken to the station where a Search Warrant was issued and two vials of his blood were drawn. His Blood Alcohol Concentration was shown to be a .076.
At Jury Trial, we were able to show that Mr. L was not “drag racing,” or driving in a reckless manner. In addition, we were able to show that he lacked signs and symptoms of alcohol impairment. His poor performance on the standing and walking Field Sobriety Tests had to do with his previous surgeries and broken back issue. Ultimately, the Jury returned a verdict of Not Guilty on all charges.