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State v. Mr. B (DMC No. 9016)

POSSESSION of DRUG PARAPHERNALIA DISMISSED / DUI DRUGS (MARIJUANA) REDUCED to REGULAR DUI (ALCOHOL) – State v. Mr. B (DMC No. 9016) (Round Valley Justice Court CR09-0142): Mr. B was coming back from a ski trip when he was stopped on State Route 260 at milepost 375 near Round Valley, Arizona. The Officer smelled the odor of Marijuana and had Mr. B exit his vehicle. He subsequently conducted a Drug Recognition Evaluation (DRE) and arrested Mr. B based on a DUI Drugs charged. After he was arrested, 3 small baggies of Marijuana were found. Due to the questionable nature of the stop at subsequent search, we were able to convince the Prosecutor to dismiss the Felony Possession of Marijuana/ Possession of Drug Paraphernalia charge. In addition, he converted the DUI Drugs charge to a DUI Alcohol charge.  If Mr. B were convicted of DUI Drugs, he would have had his license suspended for 1 full year. Because he was only being convicted of DUI Alcohol, he was able to get his license back after 30 days.

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