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State v. Mr. C (DMC No. 13098)

NOT GUILTY/COMPLETE ACQUITTAL at JURY TRIAL| DUI & DWI (.127 BAC)– State v. Mr. C (DMC NO. 13098) Sep 3, 2015 (Tempe City Court Case NO. 14-048715): Mr. C was seen at 1:30 in the morning eastbound on Rio Salado Parkway approaching Scottsdale Road in Tempe, Arizona. Tempe Police Sergeant Cullins stated that as the light was changing from yellow to red, he was slowing down and Mr. C passed him on his left side and went through a red light. After Mr. C was pulled over, he was put through various Field Sobriety Tests and the Officer arrested him for DUI.

At Trial, we presented evidence that the Officer saw only 4 of 6 Cues of HGN (The Eye Test). We presented evidence that Mr. C had a natural Nystagmus which causes his eyes to involuntary jerk side to side. Therefore, the State’s HGN test was invalid. In addition, we showed that there was evidence of potential “mouth alcohol,” which could have affected the breath testing device. At the end of the Jury Trial, it took only 20 minutes for the Jury to come back with a Not Guilty verdict on all charges.

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