State v. Mr. H (DMC No. 17679) – Extreme DWI, DUI & DWI – Complete Hung at Jury Trial, then Reduced to Regular DUI (with 2 days in Jail) – Jan 27, 2023 – Phoenix City Court (Case No. 5658626)
Mr. H was pulled over for allegedly driving 67 miles per hour in a 35 mile per hour zone. Once he was pulled over, the Officer stated he could smell an odor of alcohol, but did not notice any slurred speech. When asked about the odor of alcohol, Mr. H said “it could have been a previous passenger in the vehicle.”
During the Field Sobriety Tests he was given the Horizontal Gaze Nystagmus test (i.e., the “Eye Test”), and the Officer “guesstimated” that he found 6 out of 6 cues of impairment. Mr. H was then given the One-Leg Stand test, and the Officer noted a sway as a “guesstimate.” Mr. H never put his foot down, which indicated his blood test should be below a .08 BAC.
No Walk-and-Turn test was done because of a “lack of space.” Mr. H was then given a Portable Breath Test which revealed a .181 BAC. As the vehicle was searched, the Officer claimed he found a baggie of Marijuana but he never field tested it, so there was no proof it was actually Marijuana. Eventually Mr. H was given a Blood Test which revealed a .176 BAC, and he was charged with Extreme DWI, DUI & DWI.
At Jury Trial, the Jury had multiple members who could not conclude beyond reasonable doubt that Mr. H was under the influence of alcohol, or that his Blood Test was actually accurate (given the discrepancies in the Field Sobriety Testing). Ultimately, the Trial resulted in a Complete Hung Jury, and after the Mistrial was declared, Mr. H then pled to Reduced charge of Regular DUI with only 2 Days in Jail.