MINOR in CONSUMPTION of ALCOHOL DISMISSED due to IDENTIFICATION ISSUE – State v. Mr. O (DMC No. 6273) (University Lakes Justice Court JC2006-106801): Mr. O lived in a fraternity house at Arizona State University and there was a party at his house. Police were called because somebody had punched the back of a car and committed Criminal Damage. When Police arrived, they saw 12 people inside one of the rooms at Adelphi Commons, and they subjected everyone to a Portable Breath Test. They claimed that Mr. O tested a .099 BAC.

Mr. O was subsequently charged with Minor in Consumption of Alcohol per Arizona Revised Statute ARS 4-244.40. During subsequent interviews, the Officers weren’t able to identify Mr. O from a photo lineup. We were then able to convince the Prosecutor to dismiss all charges against Mr. O.