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State v. Ms. L. (DMC No. 11882)

NOT GUILTY/COMPLETE ACQUITTAL at JURY TRIAL/DUI and DWI (.133 BAC) – March 21, 2014 – State v. Ms. L. (DMC No. 11882) (Scottsdale City Court TR2013-009192): Ms. L. was traveling on Scottsdale Road when officers noticed that she had an expired license plate. She was subsequently pulled over and a DUI investigation ensued. During the FST’s, it was indicated that she had no problem with the “one leg stand” and only had 4 of 6 cues on “horizontal gaze nystagmus” (HGN). Subsequently, blood was drawn and the officer inadvertently wrote “2:38 a.m.” instead of “12:38 a.m.” on the blood kit. He had to reopen the blood kit (breaking the seal), correct the time and then reseal the kit. During trial, the State’s Criminalist stated the there was no issues or anything unusual with the blood kit that he had tested. Our expert then got on the stand and pointed out that the kit had been opened after the original seal had been put in place. The jury deliberated over night and came back with a verdict of “not guilty” on all charges.

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