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State v. Mr. R. (DMC No. 10017)

SUPER EXTREME DUI (.309 BAC) REDUCED to REGULAR DUI with 10 DAYS in JAIL – State v. Mr. R. (DMC No. 10017) (Prescott Valley Magistrate Court TR2010-2199): Mr. R. was alleged to have been driving north bound on Robert Road near Loos Drive in Prescott Valley, Arizona when he struck a curb.  Officer’s pulled him over and claimed that Mr. R. smelled of alcohol and was slurring his speech.  He was ultimately arrested and taken to the station and provided a breath test of a .309 BAC.  Officer’s told him that if he did not provide a breath test “he was going to go to jail”.  Because of that statement, we were able to convince the Prosecutor that this was a “Coerced” breath test.  They agreed to reduce the Super Extreme DUI which carried 45 days in jail down to a regular DUI with only 10 days in jail.

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