DUI (.144 BAC) DISMISSED due to DENIAL of RIGHT to COUNSEL ISSUE – State v. Mr. B. (DMC No. 11254) (Buckeye City Court CR2012-003769): Mr. B. was seen driving southbound on Sun Dance Parkway approaching La Posada Boulevard in Buckeye, Arizona when it was alleged that he struck the median curb several times. After a Buckeye Police Officer pulled him over, he was put through various Field Sobriety Tests and processed for an alleged DUI. At one point, he told the officer that he had an attorney and wished to make a phone call. Because the officer felt that Mr. B. was “verbally abusive” he told him that he would have to remain quiet for 15 to 20 minutes before he would allow him to make any phone calls. Because he did not stay quiet for more than 5 minutes, he was never allowed to call an attorney. All charges were ultimately dismissed.
