NOT CHARGED | FELONY AGGRAVATED DUI (.110 Breath) (DMC No. 7077) (Phoenix Police Department): Mr. M. was stopped for an alleged DUI and cited in the Phoenix City Court. It was discovered by the City prosecutor that Mr. M. had a prior DUI, and he also had children in the car who were under 12 years of age. They decided to dismiss charges and route it to the County Attorney’s Office for felony DUI prosecution. We were able to show the County Attorney that although Mr. M. had left the scene of a minor traffic accident, he did not know there was actually any damage. We also showed that when he was arrested for possible DUI, they did not have enough probable cause for the arrest, even though he later provided a breath test of a .110. Although Mr. M was originally facing prison, we prevented any charges from being filed against him.
