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State v. Mr. M. (DMC No. 10164)

Mr. M was involved in a traffic accident on the State Route 51 near Cactus Road. Officers were called out and Mr. M was arrested for DUI and he provided a blood test of a .303 BAC. While in the back of the Patrol car, he became belligerent and used profanities. The Officers’ claimed that he tried to grab a taser and Mr. M. was then charged with Felony Aggravated Assault on a Police Officer under Arizona Revised Statute ARS 13-1204(A)(8)(A). Because Mr. M had 2 prior felony convictions, he was facing potential of 5 years+ in Prison.

At Jury Trial, we were able to show that Mr. M was extremely intoxicated by alcohol. This proved that he did not have the requisite “intent” necessary to grab a taser, turn it on and fire it at the Officer. He was simply pulling away while Officers were attempting to restrain him. The Jury agreed and found Mr. M Not Guilty of all charges.

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