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State v. Ms. D. (DMC No. 15986)

Not Guilty/Complete Acquittal at Jury Trial – Super Extreme DWI (.224 BAC), Extreme DWI, DUI and DWI – State v. Ms. D (DMC No. 15986) – Nov 5, 2019 – West Mesa Justice Court (Case No. TR2018-161434): Ms. D had been at work, at a local hotel, speaking with a co-worker whose dog had recently drowned in a swimming pool.  While they were talking they decided to have a couple glasses of wine after work.  On her way home at the 101 and McDowell, she was pulled over by a DPS Officer.  The Officer smelled alcohol and subsequently put her through various Field Sobriety Tests and arrested her.

When she arrived at the station, she was asked to provide a sample of blood.  That blood sample came back with a .224 BAC.  During Jury Trial, the Prosecutor failed to illicit the exact time of the stop during the Officer’s testimony.  After the State rested, we made a Motion to Suppress the blood alcohol reading because there was no proof that the blood was drawn within two hours of actually driving.  The Judge agreed with our Directed Verdict motion and entered a verdict of Not Guilty on the Super Extreme DWI, the Extreme DWI and the DWI.  After the defense trial was put on regarding the remaining charge of DWI, the jury returned a verdict of Not Guilty on that charge also.  At that point, the Judge even entered a finding of Not Responsible for the original swerving ticket that Ms. D was cited with.  This resulted in a Complete Acquittal of all criminal charges and a Dismissal of the only civil charge that was remaining.

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