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State v. Mr. F (DMC No. 10659)

REDUCED | EXTREME DUI (.167 BAC) State v. Mr. M. (DMC No. 8970) (Buckeye Magistrate Court TR2008-2373):  REDUCED to ENDANGERMENT with 10 DAYS in JAIL – Mr. M. was seen driving erratically and knocking over numerous street signs in the area of I-10 and Miller Road in Buckeye, Arizona.  When he was ultimately contacted inside of his house, he smelled of alcohol and was processed for an Extreme DUI.  It was discovered that he had a prior DUI (outside of the 7 year mandatory enhancement period), and he produced a breath reading of .167 BAC.  Due to various issues regarding proving whether he was the actual driver, we were able to convince the Prosecutor to dismiss the Extreme DUI in exchange for an Endangerment and 10 days in jail.  Due to Mr. M.’s prior conviction, along with the manner of his driving, it was quite feasible that the judge would have given him up to 6 months in jail if he would have gone to trial and lost.

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