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State v. Mr. P (DMC No. 6815)

NOT GUILTY/ COMPLETE ACQUITTAL at BENCH TRIAL: EXTREME DWI (.166 BAC), DUI & DWI – State v. Mr. P (DMC No. 6815) (Phoenix City Court No.3529141): Police were called by the Fire Department who stated that they had received a call regarding a man passed out inside a running vehicle in the parking lot of The Business Patio at 32nd Street and Baseline Road in Phoenix, Arizona. When they got there, they found that Mr. P appeared intoxicated and they subsequently arrested him for DUI. He provided a .166 Blood Alcohol test, and he told them that he “was not driving, only sleeping”. One of the other Officers had also stated that earlier he had seen the car with the engine off and 2 male passengers in the car. During the Bench Trial, we argued to the Judge that there was no Actual Physical Control (APC), and Mr. P was merely using the vehicle as temporary shelter. The Judge agreed and Dismissed all charges against Mr. P.

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