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State v. Ms. M. (DMC No. 5282)

NOT CHARGED | FELONY AGGRAVATED DUI (.164 BAC) – State v. Ms. M. (DMC No. 5282) (ASU Police Department DR03-1126): A Police Officer on a bicycle claimed that Ms. M.’s car drifted over the line and almost struck him. He wrote down what he felt was the license plate, and the car was later found at the Wells Fargo area of ASU property. When Ms. M. was contacted, the vehicle was in park and the engine was running. She was subsequently arrested and charged with felony aggravated DUI because her license was suspended. We were later able to show the Prosecution that the case had issues regarding “actual physical control”, and we showed them that the original blood had been destroyed and was no longer in the State’s possession. No charges were brought against Ms. M.

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