NOT CHARGED | DUI – State V. Ms. R. (DMC No 9534) (Gilbert City Court No. 2009-000007298): Ms. R. had been stopped by the Gilbert Police department for allegedly driving extremely erratic. Gilbert PD was called by an off-duty Chandler Police officer who alleged he watched this driving behavior. Upon contacting Ms. R., it was discovered that she also had possession of dangerous drugs and drug paraphernalia. She was subsequently taken to a hospital where nurses informed the police that Ms. R. had stated she had taken 20 somas and two other types of medication approximately 10 hours previous. Because of the questionable stop, and the violation of the doctor patient privilege (combined with officers potentially obtaining Ms. R’s blood sample improperly from the hospital), we were able to convince the prosecutor not to file charges.
