PUBLIC INTOXICATION DISMISSED – State v. Mr. P (DMC No. 9389) (Scottsdale City Court No. 2008-034054): Mr. P was employed by an Assisted Living Home and was taking care of an elderly gentlemen who was in a wheelchair. Various people called the Police, because they were concerned that Mr. P was impaired and that the gentlemen in the wheelchair was at risk and left unattended outside. When Police made contact with Mr. P, they smelled a strong odor of alcohol and gave him a breath test which revealed a .232 BAC. Mr. P was cited for Public Intoxication under the Scottsdale City Code SRC 19-8A. We argued to the Prosecutor that the City code was “Void for Vagueness”, and therefore Unconstitutional. The Prosecutor agreed and dismissed all charges against Mr. P.

PUBLIC INTOXICATION DISMISSED – State v. Mr. C (DMC No. 9528) (Scottsdale City Court 2010-006541): Mr. C had gone out with friends drinking in Old Town Scottsdale, where he consumed a large amount of alcohol. He walked to what he thought was his home and began pounding on the door. Police were called, arrived and handcuffed Mr. C. They later gave him a breath test which revealed a .224 BAC. He was arrested and cited with Scottsdale City Code SRC 19-8A for Public Intoxication. Because Mr. C lived in the same townhome complex several doors down, we explained that it was it an innocent mistake. The Prosecutor agreed to dismiss all charges once Mr. C took some alcohol classes. Mr. C made his living as a pilot, and it was very important to keep any conviction off his record.