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State v. Mr. S (DMC No. 12842)

NOT GUILTY/ COMPLETE ACQUITTAL at JURY TRIAL: DUI and DWI (.127 BAC) – State v. Mr. S (DMC No. 12842) May 22, 2015 (Highland Justice Court TR2014-142693): Mr. S was stopped by DPS Officer Doucet on the US-60 in Phoenix, Arizona. The Officer claimed that Mr. S performed poorly on Field Sobriety Tests and arrested him for DUI. He was then taken to the Police Station where a blood test revealed at .127 BAC.

At Jury Trial we presented medical evidence showing that Mr. S had a knee injury which caused him serious issues with his balance and affected his Field Sobriety Tests. We also had medical evidence showing he had a natural “nystagmus,” which causes an involuntary jerking or bouncing of his eyes. This is often a sign or symptom of alcohol impairment, (if there is not a medical cause). Lastly, the Jury was presented which evidence regarding possible flaws in the blood collection and analysis. The Jury found Mr. S Not Guilty of all charges.

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