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State v. Mr. H (DMC No. 5786)

CONVICTION REVERSED | AGGRAVATED DUI – State v. Mr. H. (DMC No. 5786) (Maricopa County Superior Court CR2002-009835): Mr. H. had been pulled over for an alleged DUI, with a suspended license. This was a potential “Aggravated DUI” which would expose Mr. H. to a minimum of 4 months in prison. Mr. H. immediately invoked his right to call our office and he was arrested and taken to the station. When we called him back, we requested a private phone call, and the officer would not leave the room. A Motion to Suppress was subsequently filed for Denial of Right to Counsel, and Interference with Right to gather Exculpatory Evidence. The Trial Court Judge denied these Motions, and we then appealed to the Court of Appeals. The Court of Appeals agreed with us, and reversed Mr. H.’s conviction and suppressed all evidence regarding blood or statements. His case was ultimately dismissed in full.

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