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State v. Mr. R. (DMC No.)

DISMISSED | DUI (.124 BAC) (Phoenix Municipal Court No. 2839891CR): Mr. A. was stopped for allegedly making a left-hand turn in an improper position. He subsequently performed Field Sobriety Tests, and was arrested. He asked to call an attorney, and he was allowed to do so. He then submitted to a breath test, which resulted in a .124 BAC. The officer failed to adequately watch Mr. R. during the “deprivation period” which occurs immediately prior to the breath test. We filed a Motion to Suppress the reading, and after an Evidentiary Hearing, that motion was granted. The State was then forced to dismiss all charges.

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