DUI (.136 BAC) DISMISSED due to DENIAL of RIGHT to COUNSEL ISSUE – State v. Mr. C. (DMC No. 6087) (Fountain Hills City Court TR2005-00843): Mr. C. was observed travelling down the wrong side of the street on Saguaro Boulevard. He was then seen crossing over the median to get into the proper lane. He was subsequently pulled over and arrested for DUI and Reckless driving. His blood results produced a .136 BAC. Mr. C. had requested an attorney while at the station, and was not given that option. We filed a Motion to Suppress the alcohol concentration, and the State was forced to dismiss the DUI charge, but not the Reckless Driving charge.

DUI (.118 BAC) DISMISSED – State v. Mr. G. (DMC No. 7670) (Fountain Hills City Court TR2007-00764): Mr. G. was seen by a police officer traveling approximately 50 mph along Saguaro Boulevard.  He was subsequently pulled over and arrested for a DUI.  As the officer was asking him to provide a breath test, Mr. G. repeatedly stated that he wanted to talk with his attorney before he provided a test.  The officer erroneously told him that “he did not have a right to consult with an attorney prior to agreeing to a test of his breath”.  The officer was clearly mistaken as to the law, and the DUI was dismissed due to “Denial of Right to Counsel” issue.