Click to call 602-307-0808 24/7 Click Here for Free Consultation

State v. Mr. S. (DMC No. 7911)

Mr. S was observed by a homeowner parked in front of his house and throwing what appeared to be garbage outside of the car, onto the homeowners lawn. Because it was 9:00pm at night, the homeowner called the Police. When the Police arrived, they observed Mr. S car with a flat tire and damage to the right side. Mr. S was in the passenger seat and had a cell phone in his hand. The engine was running in order to run the air conditioner (it was still 100 degrees outside), as it was summer time.

Mr. S appeared to be very intoxicated, and Police arrested him for DUI and searched the vehicle and found 1 empty and 1 partially full Vodka bottle. Mr. S. stated that he had blown his tire and had called AAA for assistance earlier in the night. Because Mr. S had a prior misdemeanor DUI convictions and his license was suspended, he was charged with Felony Aggravated DUI under Arizona Revised Statute ARS 28-1383(A)(2)

At Trial, we presented evidence that he had called AAA a couple of hours prior to the Police arriving. In addition, the Police could not prove whether he drank after driving or before (since the bottles were in his car). Lastly, we argued that he was in the passenger seat, therefore he was not in “actual physical control” of his vehicle. The Jury returned not guilty verdicts on all charges, thus sparring Mr. S. from going to Prison. Because his BAC was so incredibly high (a .461 BAC – *not a typo), we refer to it on our website as “this is not a typo”. The Prosecutor who handled this case has earned the nickname from his coworkers of “typo”.

Click Here for Free ConsultationComparison Questions to Ask when Hiring a Lawyer

Request a Free Consultation

Fill out the form below to recieve a free and confidential intial consultation.

Click here for important legal disclaimer.


10.0 Superb Rating
AVVO Criminal Defense

AV-Highest Rated Preeminent Lawyers

Nation's Top 1% Attorney
National Association of Distinguished Counsel

Super Lawyer
Criminal & DUI Defense

Top 100 Trial Lawyers
(Criminal Defense)

American Trial Lawyers Association

Client Satisfaction Award
American Institute of DUI / DWI Attorneys

Top 100 Lawyer
American Society of Legal Advocates

Top 10 DUI/DWI Law Firm
American Institute of DUI / DWI Attorneys

National College forDUI Defense

Top 10 Attorney
National Academy of Criminal Defense Attorneys

Charter Member
Trial Masters

DUI Defense Lawyers Association

Lifetime Charter Member
Best Attorneys of America

American Bar Foundation

Sustaining Member
Arizona Trial Lawyers Association

American Association for Justice

Life Member
Arizona Attorneys for Criminal Justice

Superior DUI Attorney
National Advocacy for DUI Defense

Member Since 1989
American Bar Association

Better Business Bureau
A+ Rating

[contact-form-7 id="34943" title="Exit Intent"]