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State v. Mr. H. (DMC No. 8332)

Mr. H. was seen by DPS Officers with his vehicle off the roadway backed towards Sugarloaf Mountain Road. When they approached him, they saw that his girlfriend was in the vehicle and Mr. H. was partially out of the driver’s side. The Police eventually conducted a DUI investigated which revealed a .114 Blood Alcohol Concentration. Mr. H had 2 prior DUI convictions and a suspended license. He was subsequently charged with Felony Aggravated DUI under Arizona Revised Statute ARS 28-1383.

At Jury Trial, we were able to show that his car engine was not on. The vehicle had run out of gas and he was backing it up under his own leg power (combined with gravity) by allowing the vehicle to roll backwards. The Jury found that there was no “Actual Physical Control” of the vehicle, and he was found not guilty of all charges. He was originally facing a minimum of 4 months in Prison if he would have been convicted.

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