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State v. Mr. S (DMC No. 14803)

NOT GUILTY/COMPLETE ACQUITTAL at JURY TRIAL- (4COUNTS) FELONY AGGRAVATED DUI & DWI (.117 BAC) – State v. Mr. S (DMC No. 14803) DEC 4, 2017 (Maricopa County Superior Court CR2016-109074): Mr. S had 2 prior Misdemeanor DUI convictions, 1 prior Felony Conviction and was on Felony Probation when he was arrested for a second offense aggravated DUI. He was facing a minimum of 4 and a half years if he were to be convicted at trial. The State initially offered 3 years of prison, and later reduced the offer to 8 months of prison. Mr. S turned down the offer because he was not driving the vehicle.

At trial, against the Maricopa County Attorney Office’s top Vehicular Crimes Prosecutor, we utilized the officer’s AXON video camera’s footage (which they wear on their bodies). We were able to show that while Mr. S was being arrested and searched, only his watch, wallet and cell phone were recovered and placed on the hood of his wife’s vehicle. The car keys were never found. As he was being arrested, the cars panic button went off momentarily (for 3 beeps), and nobody could determine who triggered the vehicle’s alarm. At trial, we were able to show through witnesses that his wife actually had the keys and she had triggered the alarm.  Mr. S had never driven the vehicle, and was merely seated inside the vehicle using the cell phone when officers arrived on scene. We were able to show that the officer’s testimony that she saw him drive 1-2 feet was not credible.

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DM Cantor

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