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State v. Mr. N (DMC No. 9618)

CONVICTION REVERSED (Super Extreme DUI .215 BAC) due to DENIAL of RIGHT to COUNSEL ISSUE – State v. Mr. N (DMC No. 9618) (Maricopa County Superior Court LC2009-000676): Mr. N had been pulled over for traffic violations and a DUI Investigation ensued. While the officer was attempting to read Miranda Rights, Mr. N was interrupting stating “speak to my lawyer”. We filed a Motion to Dismiss for Denial of Right to Counsel, and the Scottsdale City Court denied it. After Mr. N was convicted, we Appealed the ruling to the Lower Court of Appeals at the Maricopa County Superior Court.

The judge had found that Mr. N’s testimony was unimpeached. The judge specifically found that “he said he had asked 3 times to speak to an attorney and the officer said he could not recall if the request had been made prior to the Miranda Warnings being read to him”. Mr. N’s Super Extreme DUI Conviction was Reversed.

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