DISMISSED | FELONY AGGRAVATED DUI (.174 BAC) DISMISSED at EVIDENTIARY HEARING due to DENIAL of INDEPENDENT TEST – State v. Mr. G. (DMC No. 5050) (Maricopa County Superior Court CR2004-041814): Mr. G. was found passed out behind the wheel of his truck in the middle lane of Priest Road in Tempe. He subsequently performed FST and was placed under arrest for felony aggravated DUI because he had two prior misdemeanor DUI’s. When he was booked into jail, he was not informed of his right to have an independent blood test administered. We were able to file a Motion and have the case dismissed at Evidentiary Hearing.
