State v. Mr. D (DMC No. 17766) – DUI & DWI (.129 BAC) – Complete Hung at Jury Trial – Nov 5, 2019 – Phoenix City Court (Case No. 5400519).  

Mr. D had just left a gentlemen’s club near 16th Street and Camelback, where he was driving at a high rate of speed and passed a Policeman.  The Officer indicated that he “attempted to Pace” the vehicle, and estimated it was travelling 60 miles per hour in a 35 mile per hour zone.  Ultimately, Mr. D was pulled over and a DUI investigation ensued.

The first test that was given was the Horizontal Gaze Nystagmus test (i.e., the “Eye Test”), which showed 6 out of 6 cues and a two to three inch sway.  At that time, the One-Leg Stand test was done, and Mr. D only put his foot down one time during the 30-second count.  During the Walk-and-Turn, the Officer alleged that Mr. D stumbled off the turn and took a “couple of large steps backwards to catch his balance.”  He was then given a Preliminary Breath Test which revealed a .106 BAC.

From the time of this traffic stop to the arrest, only 13 minutes had passed.  Once Mr. D was at the Police Station he provided a Blood Sample that revealed a .129 BAC.  During Jury Trial, we pointed out that the estimate of speed was merely just a “estimate,” and that Mr. D putting his foot down a single time during a 30-second timespan was indicative of him being below of a .08, and indicative of him not being impaired.  Ultimately, the Jury could not come to a conclusion, and a Mistrial/“Hung Jury” was declared.