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State v. Ms. W (DMC No. 12692)

NOT GUILTY/ COMPLETE ACQUITTAL at JURY TRIAL: SUPER EXTREME DWI (.214 BAC) EXTREME DUI, DUI and DWI – State v. Ms. W (DMC No. 12692) Mar. 17, 2015 (Scottsdale City Court TR2014-015549): Ms. W was a passenger with a friend who was driving on 2nd Street between Goldwater Boulevard and 68th Street in Downtown Scottsdale. A Police Officer was seen up ahead, and the friend pulled the car over “because he was really drunk”, and didn’t want to get in trouble. Ms. W got out the car and walked to the driver’s side and got in while the driver slid over to the passenger seat. While she was sitting in the car, the engine was on and the air conditioner was on (it was the height of summer). She got on her cell phone to call to have a ride come pick them both up.

The Police contacted Ms. W and arrested her for DUI and underage drinking and driving. They claim that she was in “Actual Physical Control” (APC) of the vehicle. At Jury Trial, we presented evidence that Ms. W was merely using the car as “temporary shelter” until her ride would arrive. The Jury agreed that she was not actually operating the car, and she was found Not Guilty of these charges.

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