SUPER EXTREME DUI (.215 BAC) REDUCED to reckless driving with zero days in jail – State v. Mr. R. (DMC No. 10086) (Cochise County Justice Court TR0754): Mr. R. was seen parked in a parking lot with his lights on for at least an hour before an officer pulled up to make contact. The car was parked properly in a parking spot, with the music on and the engine running in order to run the heater. A breath test of .215 BAC was ultimately obtained. Due to defenses based on “no actual physical control”(APC), we were able to secure an offer from SUPER EXTREME DUI (with a minimum of 45 days in jail) all the way down to a simple reckless driving with no days in jail.
March 1, 2014