SUPER EXTREME DUI (.202 BAC) REDUCED to 1 day in jail – State v. Mr. R. (DMC No. 10470) (Kyrene Justice Court TR2011-126149): Mr. R. was pulled over by DPS Officers at the Gilbert Road on ramp to the 202 FWY. This was after the officer saw that the vehicle had apparently run into a wall. He eventually provided a breath test with a .202 BAC. Due to the fact that the officer did not see the driving, we were able to negotiate a plea from a SUPER EXTREME DUI (with a potential of 45 days of jail minimum) to a regular DUI with 1 day in jail, based on a “no actual physical control” (APC) argument.
