DISMISSED | SUPER EXTREME DUI (.208 BAC) DISMISSED – State v. Mr. M. (DMC No. 4337) (Globe Justice Court TR2003002242): Gila County Sherriff’s Deputies pulled up to an accident site where a truck pulling a boat was in a ditch. Various people were standing around the boat, when the officer asked who was driving. Mr. M. was the driver and subsequently arrested for DUI, and he provided a breath test which showed a .208 BAC. We were able to show the prosecution that the other witnesses in the area testified that Mr. M. had only drank after the vehicle had gone into the ditch. All people had been standing around for a good hour before the officer had pulled up. Subsequently a Motion was filed for “Corpus Delicti”, and the prosecutor agreed to dismiss all charges.
March 1, 2014