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State v. Mr. S (DMC No. 13054)

NOT GUILTY/COMPLETE ACQUITTAL at JURY TRIAL| EXTREME DWI (.157 BAC), DUI & DWI with ACCIDENT – State v. Mr. S (DMC NO. 13054) Aug 26, 2015 (Encanto Justice Court Case NO. TR2014-153715): Mr. S had been with his wife at the Twin Peaks Brewery in order to watch a Cardinals game. They had eaten lunch and had some beers before they left. As they were driving on the I-10 freeway and exiting an off-ramp at 7th Street in Phoenix, he collided with a vehicle who stopped midway through a right hand turn. Once the Police arrived, Mr. S was put through various Field Sobriety Test’s and performed flawlessly. He was ultimately given a breath test with revealed a .157 BAC.

At Jury Trial we were able to show that the alleged BAC reading must have been flawed due to the perfect performance of Mr. S on his Field Sobriety Test’s. Both the arresting Officer and our expert agreed that there must be something wrong with the reading. The Prosecutor tried to argue (unsuccessfully) that the Officer wasn’t very good at his observations during the Field Sobriety Test’s. In other words, the Prosecutor tried to say he was a deficient Officer and that the Field Sobriety Test’s results should be discounted. The Jury did not buy that argument and found Mr. S Not Guilty of All Charges. He was facing 30 days minimum in Jail.

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