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State vs. Mr. R (DMC No. 9842)

State vs. Mr. R. (DMC No. 9842) (City of Phoenix No. 13795912): Mr. R. was seen pulling out of a Burger King at 68th Street and Thomas and weaving in multiple lanes.  He was followed to 44th Street and Thomas, and waited for traffic to clear slightly.  He then gunned his engine to make a left hand turn and nearly struck a pedestrian in the crosswalk who had to jump backwards.  When officers caught up with Mr. R. at a local motel, he was still behind the wheel of this car with the engine running.  He had a flask of whiskey, and he stated that he was in from California visiting.  Initially, the prosecution was unwilling to reduce down from 30 days in jail with an extreme DUI.  They then came down to a regular DUI with 2 days in jail, and ultimately we were able to convince them to extend a regular DUI with only 1 day in jail.  This occurred because we questioned the officer’s observations and that he allowed Mr. R. to drive for such a long period of time before making contact with him after he had already voluntarily stopped in a motel parking lot.

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