EXTREME DUI (.165 BAC) REDUCED to RECKLESS with ZERO DAYS JAIL – State v. Mr. S. (DMC No. 5461) (Kyrene Justice Court TR05-50506CR): Police were received a call regarding a person passed out in his vehicle on the westbound I-10 near the side of the road. When police arrived, the reporting party was gone, and Mr. S. was found in his vehicle with his hazard lights on, trunk open and a spare tire leaning up against the front driver side. The key was ignition, but the engine was not on. Mr. S. was arrested for extreme DUI, and provided a .165 BAC breath test. Due to various issues regarding “Corpus” and “Actual Physical Control”, we were able to have the case reduced to mere “reckless driving” with zero days in jail.
