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State v. Mr. D. (DMC No. 10767)

Not Guilty / Complete Acquittal Aggravated DUI (.308 BAC) Arizona – State v. Mr. D. (DMC No. 10767) (Maricopa County Superior Court No. CR2011-153504): Mr. D was passed out in the driver’s seat of his car, with the engine running and the driver’s door open in the parking lot of a convenience store. A passerby woke him up and said that he needed to take the keys out of the ignition or he would call police. Mr. D got out of the car, then got back in the car, and started the car twice over the next 20 minutes. When police arrived they noticed watery, bloodshot eyes and a strong odor of alcohol. Mr. D was unable to hand his identification card to the officer and stated that his license was suspended. He refused to do the field sobriety tests and was taken to the DUI van to have his blood drawn. Mr. D’s BAC was a 0.304, nearly 4 times the legal limit.

Mr. D was facing no less than 10 years in prison on this charge. He was also on probation for two other cases. If convicted at trial, his probation would have been revoked and he would have been sentenced to an additional 1 to 7.5 years in prison. At trial we argued that Mr. D sitting in the vehicle did not rise to the level of actual physical control because he posed no danger to himself or others. The jury acquitted Mr. D on all charges.

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