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State v. Mr. L (DMC No. 9298)

NOT GUILTY/ COMPLETE ACQUITTAL at BENCH TRIAL: MINOR IN CONSUMPTION– State v. Mr. L (DMC No. 9298) (University Lakes Justice Court JC2009-157783): Mr. L was with a group of people in a car that was stopped at Lemon Road and Rural Road in Tempe, Arizona. Mr. L and another passenger had alcohol in their breath, and they were questioned about drinking alcohol. Mr. L was only 18 years old and he admitted he had drank earlier in the night. He was subsequently given a Breath Test which revealed a .106 BAC. At Bench Trial, we argued that the Statue (A.R.S.§ 4-244.41) required the alcohol to be consumed within the Jurisdiction of the University Lakes Justice Court. Because the Officer never asked Mr. L where he had consumed the alcohol, the State could not prove that he consumed within the Jurisdiction. The Judge agreed, and Dismissed all charges against Mr. L.

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