REDUCED to RECKLESS DRIVING with ZERO DAYS in JAIL | DUI (.082 BAC) – State v. Ms. M. (DMC No. 5048) (Avondale City Court TR2004-01954): Ms. M. was seen driving at 119th Avenue and Indian School Road in Avondale, Arizona when it was alleged she was weaving outside her lane. She was pulled over, and her and her passenger both had an odor of alcohol. After being administered field sobriety tests, she was arrested and taken to the station where she was given a breath test. Her breath reading was a .082. We were able to show the Prosecutor that her passenger had distracted her while driving, and that she was not impaired by alcohol (even though she was above the legal limit). The Prosecutor agreed to dismiss the DUI in exchange for a plea to a Reckless Driving with zero days in jail.
