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State v. Ms. L (DMC No. 15440)

(Dec. 6, 2018) NOT GUILTY/COMPLETE ACQUITTAL at JURY TRIAL – SUPER EXTREME DWI (.235 BAC) & EXTREME DWI, DUI & DWI – State v. Ms. L (DMC No. 15440) (Scottsdale City Court TR2017-031349): At 2:53 in the morning, a Scottsdale Police Officer was patrolling the parking lot of Nordstrom’s Rack located in North Scottsdale.  The officer observed a vehicle that had driven up on the sidewalk in front of the Nordstrom’s Rack. The vehicle had its engine running, headlights and running lights illuminated.  Inside of the vehicle was Ms. L, who was asleep and her car was in drive.

When Ms. L was awakened, she did not recall how she got there.  She subsequently provided a blood test, which revealed a .235 BAC.  After she was released from custody, she found out that her former boss and his girlfriend had driven her to that location in their car. The three of them were at a holiday party where Ms. L had become extremely intoxicated.  Ms. L’s boss’s girlfriend began to yell at him, and he put her inside of the vehicle with the engine on and the heater running. He left a verbal message for one of her friends to come and get her. At the Scottsdale City Court trial, the boss came in and testified that he indeed and placed her in the vehicle and then started the engine. Since nobody knows how the car got up on the sidewalk or why it was in drive, the jury had reasonable doubt as to Ms. L actually operating the vehicle.  They found that she was not in “Actual Physical Control” and she was acquitted of all charges.

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