DISMISSAL CONFIRMED AT APPEAL (DUI-.092 BAC) due to NO REASONABLE SUSPICION to STOP ISSUE – State v. Mr. I (DMC No. 9434) (Maricopa County Superior Court LC2008-139281): Mr. I was pulled over for allegedly failing to stop at a stop sign and an improper left turn. We conducted an evidentiary hearing in the East Mesa Justice Court based on No Reasonable Suspicion to Stop. The judge found that the stop was a “pretext” stop, and he Suppressed all Evidence after this stop. The State was forced to Dismiss and they indicated they would be seeking an Appeal.
The State filed their Appeal in the Lower Court of Appeals at the Maricopa County Superior Court. We challenged the Appeal as being “untimely”, because the State failed to file it within 14 days of the Dismissal. The court agreed with us, and the Dismissal was affirmed.