(Payson Justice Court No. 2011 TR 3073, 3101): Mr. D. is a mechanic with a prior DUI conviction. Mr. D. had been drinking on his way to Payson and was stopped by the Highway Patrol. The officer noted signs and symptoms of impairment and a DUI investigation ensued. Mr. D. was charged with DUI and a speeding violation. The State alleged Mr. D.’s prior DUI conviction to enhance the possible jail sentence and fines that would be imposed if Mr. D. was convicted. A DUI conviction would also have resulted in Mr. D.’s driver’s license being revoked. While investigating the case, we discovered proof that police did not comply with the breath test maintenance regulations for the Intoxilizer. We also determined additional factual issues to argue for acquittal at trial. After we successfully fought a State’s motion to preclude defense expert testimony, a plea agreement was reached permitting Mr. D. to settle the case without any traffic code violations or adverse driver’s license action.
