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State v. Mr. C (DMC No. 6649)

NOT GUILTY/COMPLETE ACQUITTAL at JURY TRIAL: EXTREME DUI (.157 BAC), DUI, DWI & HIT and RUN – State v. Mr. C (DMC No. 6649) (Phoenix City Court No. 3419699): Mr. C was involved in a Hit and Run accident in Glendale Arizona. After the accident, he was followed to John C Lincoln Hospital in Phoenix. While he was receiving treatment, a Phoenix Police Officer arrived on scene and questioned him. Mr. C stated that he was being chased by a man with a gun, and that is why he left the scene without stopping.

The Officer detected an odor of alcohol and then asked for a Blood Draw to be performed. Subsequently, Mr. C’s BAC was revealed to be a .157 and then he was charged with Extreme DWI, DUI, DWI and Hit and Run. At Jury Trial in the city of Phoenix, the Prosecutor could not prove that Mr. C was actually driving impaired by alcohol while in Phoenix. In addition, the Hit and Run and all observed driving took place in Glendale. Because of this, we made a Motion for a “Directed Verdict” after the State had closed their case with the Jury. That Motion was granted, and all charges were dismissed. Because the Jury had already been impaneled and trial had begun, jeopardy had been attached and all charges had been permanently dismissed.

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