DUI (.103 BAC) DISMISSED – State v. Mr. W. (DMC No. 4436) (Flagstaff City Court CR2003-003654): On Halloween, Mr. W. pulled up to a red light in downtown Flagstaff and an Officer (who was standing there) began talking to him. The Officer saw through the open window that Mr. W. had an open beer between his legs. He subsequently had Mr. W. exit the car and began conducting field sobriety tests. Once he was taken to the police station, he provided a .103 breath test and was booked into jail overnight. Due to the questionable nature of the stop, combined with the fact that there was no improper driving, we secured a dismissal of the DUI charge.
