State v. Mr. J (DMC No. 19106) – (2 Counts) Felony Aggravated DUI (.191 BAC) – Not Guilty/Complete Acquittal at Jury Trial – Aug 13, 2025 – Maricopa County Superior Court (Case No. CR2024-112355)
Mr. J had a prior DUI conviction from the State of California, and he then moved to Arizona. Approximately four years later, he had gotten off of work and drove to a local restaurant, and had several drinks and ate some food. On the way home, he began feeling ill, and he pulled into a vacant parking lot of a corporate office building.
Two hours later, Phoenix Police Officers found him on the passenger side floorboard leaning on the driver’s seat. He had vomited and he was asleep, his engine was on, and the air conditioner was on full blast. The car was in park. They initially awoke Mr. J, and Arrested him and Charged him with 2 Counts of Felony Aggravated DUI (because his license was allegedly suspended for the prior California DUI). It was at that time he asked to call DM Cantor, and secured our services.
While we were talking to him at the Police Station, we had him decline to answer any questions. At our insistence, the Police also did not administer any physical Field Sobriety Tests. We asked to have Mr. J released in order to obtain an Independent Chemical Test of his blood at a hospital, however, the Officers booked him into jail and he did not see a Judge for approximately 12 hours.
Eventually, Mr. J’s Blood Alcohol Content came back at a .191. When we went to Jury Trial, we presented evidence that Mr. J was not in Actual Physical Control (APC) of his vehicle. He was merely using it as “temporary shelter”. Under the established case law of State v. Love (a case argued by David Cantor to the Arizona Supreme Court in 1995), utilizing the “totality of the circumstances” test, they could not show that Mr. J was actually operating the motor vehicle. In addition, we were able to show that the State had failed to meet its burden that Mr. J had “actual knowledge” that his right to drive in Arizona had been suspended.
At a Rule 20 Motion, the Judge entered a Directed Verdict as to the knowledge of driving while suspended. This effectively eliminated both Felony Aggravated DUIs. In addition, the Jury came back Not Guilty on the remaining Misdemeanor DUI charges, which resulted in a Complete Acquittal of Mr. J.
