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State v. Mr. S. (DMC No. 10285)

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State v. Mr. S. (DMC No. 10285)

FELONY AGGRAVATED DUI (.095 BAC) REDUCED to a misdemeanor DUI with 10 days in jail – State v. Mr. S. (DMC No. 10285) (Maricopa County Superior Court CR2011-108805): Mr. S. was driving in an unfamiliar roadway in Gilbert where two lanes merged into one.  When he realized he that was running out of roadway, he slowed to approximately 2 MPH in a 45 MPH zone.  An officer pulled him over and subsequently arrested him for DUI.  He provided a .095 blood test.  We were able to prove to the prosecutor that Mr. S. did not know his license was suspended from a previous DUI, and therefore they lacked a necessary element of AGGRAVATED DUI.  We secured an offer to a misdemeanor DUI with 10 days of jail.  Originally, Mr. S. was facing 4 months minimum in prison, up to 3.75 years maximum.

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