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State v. Ms. G (DMC No. 15767)

Not Guilty/Complete Acquittal at Jury Trial – Super Extreme DWI, Extreme DWI DUI & DWI (.268 BAC) – State v. Ms. G (DMC No. 15767) – Jun 5, 2019 – Surprise City Court (Case No. TR2018-00417):  Ms. G was parked in her SUV on the north side of Cactus Road and various vehicles were driving past her as she would wave them by.  An Officer arrived in order to perform a “motorist assist”.  When he made contact with Ms. G, she smelled strongly of alcohol and he found an open bottle of vodka in the car.  Ultimately, she was placed under arrest after doing field sobriety tests and was taken to the police station.  When she was given a blood test it revealed a .268 blood alcohol (almost 3 ½ times the legal limit). Although she had protested that her car was out of gas, and she was simply sitting in the car, they still cited her with the Super Extreme DWI charge.

At trial, we were able to show that she had indeed run out of gas, and then sat in her car and drank the bottle of vodka while she was parked.  We argued to the jury that her vehicle was merely a “temporary shelter”, while she was waiting for her ride to arrive.  Ultimately, the jury agreed and returned a verdict of Not Guilty on all charges.

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