2nd OFFENSE SUPER EXTREME DUI (.257 BAC) REDUCED to 1st OFFENSE DUI with 10 DAYS in JAIL – State v. Mr. S. (DMC No. 5044) (Carefree/Cave Creek Consolidated City Court TR2004-0639): Police were dispatched to Cave Creek and Westland Roads in Cave Creek, Arizona regarding a possible injured motorist. When they arrived, they observed Mr. S. behind the wheel of his car with his hands on the steering wheel and a cut above his eye. The keys were in the ignition however, the engine was off. He also had a bottle of Vodka next to him. He was ultimately arrested and charged with DUI and was found to have had two prior DUI’s (with one within the preceding 5 years). We were able to argue that there was an Actual Physical Control (APC) and Corpus issue which would potentially get the case dismissed at trial. The State agreed to dismiss the allegation of prior, and reduce the Super Extreme DUI down to a 1st offense DUI with only 10 days in jail. Mr. S. was facing a mandatory minimum of 180 days in jail if he were to have been convicted.
