EXTREME DUI (.185 BAC) DISMISSED – State v. Mr. S. (DMC No. 6012) (Gilbert City Court 05TR3510): Mr. S. was pulled over on Guadalupe Road allegedly travelling above the 45 mph speed limit. Upon contact, the officer indicated he smelled of alcohol, swaggered and appeared to have urinated on himself. He was subsequently arrested and gave a hand held breath test which produced a .185 BAC. While at the station, he asked for a private phone call with is lawyer, and the officer stated “this is as private as it is going to get”. The State ultimately dismissed charges due to a “denial of right to counsel issue”, and other Discovery issues.
