DUI (.112 BAC) REDUCED to RECKLESS DRIVING with ZERO DAYS in JAIL – State v. Mr. V. (DMC No. 10895) (Desert Ridge Justice Court TR2012-109639): Mr. V. was pulled over at Perimeter and Princess Road’s in Scottsdale for allegedly straddling the lane marker. Once an odor of alcohol was detected by the officers, Mr. V. was put through various field sobriety tests and arrested. While at the station, Mr. V. declined to do any breath testing. The officer then told him that he “needed to do the breath test”, and Mr. V. felt pressured. He ultimately provided a .112 BAC. We were able to file Motions based on “Coerced Test” and possible Unreasonable Stop issue. The Prosecutor then agreed to dismiss the DUI in exchange for a plea to Reckless Driving with zero days in jail.
