Not Guilty/Complete Acquittal at Jury Trial – (2 Counts) Felony Aggravated DUI (2 Counts) Felony Aggravated DWI (.397 BAC) (with 2 Prior Felony Convictions) –State v. Mr. H (DMC No. 17258) — JUL 29, 2022 – (Pinal County Superior Court No. CR2020-01995):
Mr. H had a troubled past with alcohol, and had been previously convicted of two Felony Aggravated DUIs. The last time he was convicted he served 6 years in prison. After being released, he maintained a period of sobriety for quite a while before he had a relapse. In this particular case, he had consumed alcohol and was found inside of a car parked in a residential driveway, with the engine off, and his hazard lights flashing. He was asleep at the time.
The Officers woke him up and conducted a DUI investigation. He was subsequently arrested for this third Felony Aggravated DUI (due to the fact that his license was still suspended), and a provided blood sample which revealed a .397 BAC. He was ultimately charged with Felony Aggravated DUI, and he faced 6 to 15 years in prison, with a 10-year presumptive sentence. He then retained our Firm with the help of his elderly mother.
Under the law, there is a defense for Actual Physical Control if a person voluntarily relinquishes control of their vehicle, pulls all the way off the roadway, and merely uses their car as temporary shelter. The Pinal County Prosecutor was unreasonable in this case, and refused to acknowledge this defense. At Trial, we were able to show that the first time the vehicle was seen in that particular driveway was 6 hours before the Police made contact. It was next seen 3 hours later, and ultimately the Police made contact 6 hours after the first sighting of the vehicle. At trial they were not able to show whether Mr. H had been in the vehicle the entire time, whether he’d left to go drink and came back, or whether the engine was actually on at any period during the 6 hours. Although the Judge made numerous rulings on Motions in the State’s favor, which made this an extremely difficult case to win, the Jury came back with a unanimous verdict of Not Guilty on all 4 counts. Had Mr. H been convicted and gone to prison for 10 years, his mother most likely would not have been alive to see him get out. On a side note, since the date of this incident, Mr. H has maintained his sobriety and is doing very well.