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State v. Ms. P (DMC No. 14776)

NOT GUILTY/COMPLETE ACQUITTAL at JURY TRIAL/DUI & DWI (.143 BAC) – State v. Ms. P (DMC No. 14776) OCT 23, 2017 (West Mesa Justice Court TR2017-101500): Ms. P was traveling on the 101 near  Shea Boulevard when she was alleged to have been driving 90 miles per hour. She was pulled over by Salt River Police Department officers and subsequently investigated for DUI. During the one leg stand, she was able to keep her foot up 26 seconds out of the 30 seconds requested. In addition, when she got to the station, 3 breath tests were given, which included a deficient .137 reading, followed by a .143 and a .133 reading.

At Jury Trial, we were able to show that the readings were so drastically different that there must have been a problem with the breath testing device. In addition, we presented expert witness testimony that if an individual can stand with their foot raised off the ground for more than 25 seconds, they are below a .08 BAC. Lastly, we were able to impeach the officer during her testimony and we were able to have her admit to lying about previous testimony. The Jury came back within 15 minutes and found Ms. P Not Guilty of all charges.

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