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State v. Mr. C (DMC No. 10610)

NOT CHARGED/DISMISSED | VEHICLUAR MANSLAUGHTER /DUI DRUGS (Marijuana)  – State v. Mr. C. (DMC No. 10610) (Apache Junction City Court TR20120026): A motorcyclist had been involved in a minor collision at Broadway Road & Meridian Road in Apache Junction. The motorcyclist then wandered around the car as Mr. C.’s car came up and struck and killed him.  Although no impairment was observed, the police ordered a blood draw from Mr. C., which revealed the presence of marijuana.  We filed a Motion to Suppress the blood draw, which was granted and the DUI drugs charge was dismissed.  We also were able to convince the prosecutors not to file charges for manslaughter as Mr. C. was not at fault for striking the motorcyclist.  No charges for manslaughter were ever brought.

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