DUI (.062 BAC) with COMMERCIAL DRIVER’S LICENSE DISMISSED – State v. Mr. H. (DMC No. 9154) (Arrowhead Justice Court TR2009-139542): Mr. H was driving a commercial tractor trailer and was pulled over in the right hand emergency lane with his hazard lights on. This is located at the State Route 101 and milepost 10.5 in Phoenix, Arizona. When the officer pulled up and made contact, Mr. H was sitting in the driver’s seat and had indicated he had pulled over to get his bearings he could stop for the night. Because the officer smelled alcohol, he then arrested Mr. H for a DUI and a DUI with a Commercial Driver’s License (CDL) per ARS 28-1381A4. We were able to show the Prosecutor that under the theory of Actual Physical Control (APC) Mr. H. was simply using his vehicle as a temporary shelter. The Prosecutor agreed to dismiss both DUI charges.
