DUI & DWI (.138 BAC) DISMISSED at BENCH TRIAL After EVIDENTIARY HEARING for LACK of PROBABLE CAUSE to ARREST – State v. Ms. Z (DMC No. 8528) (McDowell Mountain Justice Court TR2007-182186): Ms. Z was driving with a friend near Scottsdale Road and Camelback in her husband’s new car. An Officer stated that she appeared to be driving too fast for the conditions in the area and he stopped her. He smelled an odor of alcohol beverage, and then had her conduct Field Sobriety Tests. She performed extremely well on the tests, including keeping her leg up all 30 seconds on the 1 Leg Stand. He subsequently arrested her and gave her a blood test which revealed a .138 BAC. We filed Motions to Dismiss for No Reasonable Suspicion to Stop and for Lack of Probable Cause for Arrest. At the Evidentiary Hearing at Bench Trial, the Judge agreed with us and found that she had performed the Field Sobriety Tests consistent with a sober person. He Suppressed all Evidence that would come in after the stop. The state was forced to Dismiss all charges at that point.
