DUI (.113 BAC) DISMISSED due to ACTUAL PHYSICAL CONTROL ISSUE – State v. Mr. M. (DMC No. 9775) (Florence City Court TR2010-0580): The Florence Police Department received a call that an individual had backed his car into a neighbor’s car at approximately 7400 W. Rushmore Way in Florence, Arizona. When they arrived neighbors pointed to Mr. M.’s house, and police made contact with him. Although Mr. M. admitted he had driven the vehicle, no one could positively identify him as the one who, in fact, had the accident. Even though he later provided a breath test which resulted in a .113 BAC, we were able to have the entire case dismissed with an agreement that he reimburse his neighbors damages, and a small civil ticket for “unsafe backing”. Originally, Mr. M. would have lost his job if he would have been convicted of the DUI.
DUI (.082 BAC) REDUCED to RECKLESS DRIVING with ZERO DAYS in JAIL /HIT and RUN DISMISSED – State v. Mr. H. (DMC No. 7409) (Florence City Court TR2007-0189): Florence Police received a call regarding a Hit and Run into an APS light pole. Officers found Mr. H. behind the wheel of his car along Highway 79. They had discovered he had been drinking, and they eventually arrested him for DUI and took him to the station. He provided a .082 BAC on the breath test. Due to Actual Physical Control (APC) issues, and the fact they could not prove he was the one who was actually driving the vehicle, we were able to convince the Prosecutor to dismiss the DUI and Hit and Run in exchange for a Reckless Driving charge and zero days in jail.