DISMISSED | FELONY AGGRAVATED DUI (.118 BAC) – State v. Mr. T. (DMC No. 5622) (Maricopa County Superior Court CR2005-005588) DISMISSED at EVIDENTIARY HEARING due to RIGHT to COUNSEL ISSUE: Mr. T. was found in his vehicle sleeping roughly 3 to 4 feet away from the curb. The car was in park, and the lights were off. Due to a prior DUI and suspended license, Mr. T. was charged with felony aggravated DUI. Because of potential actual control issues, and denial right to counsel, several Motions were filed. At Evidentiary Hearing, the Judge found that Mr. T.’s right to counsel was violated, and the case was dismissed.
