State v. Mr. P (DMC No. 18591) – DUI & DUI Drugs (Adderall and Wellbutrin) – Not Guilty/Complete Acquittal at Jury Trial – Jul 23. 2024 – Phoenix City Court (Case No. 5777060)

Mr. P had drank a Pre-Workout, which is a highly caffeinated beverage. In addition, he had taken Adderall and Wellbutrin (to which he had prescription). The combination of the Pre-Workout and his prescription medications caused him to overheat. He was pulled over on the side of the road at about 36th Street and Thunderbird, when Officers responded at 8:20 p.m. The engine was running and the air conditioner was on, but the car was in park and pulled off to the side of the road. Mr. P had his feet outside the window and was sweating profusely.

The Officers then called for the Phoenix Fire Department to respond, and Mr. P refused treatment. He was arrested without any Field Sobriety Testing done, and he was taken to the Police Station. After he was read his Miranda rights, he asked to call and speak with an attorney at our office.  He subsequently consented to a blood draw, answered no questions, and was released to a friend.

At Jury Trial, we were able to show that the State could not quantify the amount of Wellbutrin or Adderall in Mr. P’s system, as it relates to impairment. In addition, we demonstrated to the Jury that this was clearly a medical issue, and not a case of Driving Under the Influence. Lastly, nobody actually saw Mr. P driving his vehicle, and we argued that they did not have the required element of “time of driving”, and lacked anybody to put him in “Actual Physical Control” of his vehicle. After a brief deliberation, the Jury came back with a Not Guilty on All Charges. This included both the Driving Under the Influence charge, and the Driving Under the Influence Drugs charge.