Not Guilty/Complete Acquittal at Jury Trial – DUI and DWI (.130 BAC) – State v. Mr. C (DMC No. 18084) OCT 19, 2023 – Phoenix City Court (Case No. 5670391)
Mr. M had parked behind a Quik Trip convenience store because he was feeling sick, as he had been working 7 days a week. Subsequently, a security guard saw him sleeping in his vehicle, and he called the Police. When the Police arrived, they found that Mr. C was a Spanish speaker, had a strong odor of alcohol, and watery, bloodshot eyes. They had him conduct Field Sobriety Tests, in which they stated he performed poorly.
He was subsequently transported down to the Police Station, and a Spanish-speaking officer was called in in order to inform him of his duty to provide a blood test. A blood test was ultimately obtained, and a reading of .130 Blood Alcohol Concentration was found.
At trial, we were ultimately able to show that the Officer had actually cited Mr. C with having a blood alcohol concentration above a .20 (Super Extreme DWI), and above a .150 (Extreme DWI). This was based on their assumptions and their observations. However, the actual reading came in much lower, and we were able to show the Jury that the Officer who instructed Mr. C on the Field Sobriety Tests did so in English, and not in Spanish. Lastly, we showed that Mr. C was not in Actual Physical Control of his vehicle, but was merely using it as a temporary shelter in order to sleep until he felt better. The Jury ultimately returned a verdict of Not Guilty on all charges.