DUI (.082 BAC) REDUCED to RECKLESS DRIVING with ZERO DAYS in JAIL /HIT and RUN DISMISSED – State v. Mr. H. (DMC No. 7409) (Florence City Court TR2007-0189): Florence Police received a call regarding a Hit and Run into an APS light pole. Officers found Mr. H. behind the wheel of his car along Highway 79. They had discovered he had been drinking, and they eventually arrested him for DUI and took him to the station. He provided a .082 BAC on the breath test. Due to Actual Physical Control (APC) issues, and the fact they could not prove he was the one who was actually driving the vehicle, we were able to convince the Prosecutor to dismiss the DUI and Hit and Run in exchange for a Reckless Driving charge and zero days in jail.
