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State v. Mr. B (DMC No. 15800)

Not Guilty / Complete Acquittal at Jury Trial – DUI Drugs (Clonazepam), DUI (BAC .061) and Hit & Run – State v. Mr. B (DMC No. 15800) – Jul 16, 2019 – Apache Junction Justice Court (Case No. TR2018-00719): Mr. B had been driving in the area of Hunt Highway and Mountain Vista Blvd.  He was cut off by another vehicle and side swiped the guard rail. He continued driving home, and was very shaken up by the whole incident.  Once he got home, he had a glass of wine and took some of his medication for anxiety.  Later on that day, Officers arrived and accused him of Hit & Run, and put him through various field sobriety tests.  He was ultimately arrested and taken down to the station.

While down at the station he provided a blood sample which showed his Blood Alcohol Concentration to be a .061, and the anti-anxiety drug of Clonazepam was also found in his system.  Both the police and the prosecutors did not believe that the alcohol and medication were consumed after he got home.  In addition, they told Mr. B it was his duty to report the fact that he had struck a guard rail.  At Jury Trial, Mr. B testified as to what had really occurred and the Jury believed him. The State only tried to claim that he must be untruthful, because they thought it was beyond the realm of possibility that he actually drank some wine and took medication when he was home and not driving.  Of course, the Jury saw that the State’s arguments were ridiculous, and he was found Not Guilty of all charges, including the Hit & Run.

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