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State v. Mr. O. (DMC No. 8863)

AGGRAVATED DUI (.149 BAC) with CHILD in CAR REDUCED to MISDEMEANOR with 1 DAY in JAIL – State v. Mr. O. (DMC No. 8863) (Page Justice Court CR2009-12): Mr. O. was observed pulling into a National Forest Service Park without allegedly paying the camping fee.  Officers arrived at Lakeshore Drive and Scorpion Place in Page, Arizona, and contacted Mr. O.  He had two children in his car, and based on an odor of alcohol he was arrested for DUI.  Once at the station he was given a breath test which showed that he had .149 BAC.  Because officers told him that he had to take a breath test or he would also be charged with Federal felony charges, we argued that they “coerced” him into providing evidence. In addition, we questioned the nature of this stop based on an anonymous call.  The Prosecutor agreed to dismiss the felony DUI in exchange for a Misdemeanor with 1 day in jail.  Originally, Mr. O. was facing up to 2 years in prison.

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