NOT CHARGED | AGGRAVATED DUI (.186 BAC while on probation) – State v. Mr. R. (DMC No. 10640) (Scottsdale Police Department investigated): Mr. R. was on probation for possession of marijuana with intent to sell, and had 5 prior DUI’s (at which 2 were eligible) when he was pulled over in north Scottsdale for driving and having something dragging from his vehicle.  He was ultimately arrested for DUI and blood was drawn.  He invoked his right to contact counsel, which he was not allowed to do. Due to the “denial of right to counsel” issue, along with the questionable stop, no charges were brought against Mr. R.

NOT CHARGED | FELONY AGGRAVATED DUI (.164 BAC) – State v. Ms. M. (DMC No. 5282) (ASU Police Department DR03-1126): A Police Officer on a bicycle claimed that Ms. M.’s car drifted over the line and almost struck him. He wrote down what he felt was the license plate, and the car was later found at the Wells Fargo area of ASU property. When Ms. M. was contacted, the vehicle was in park and the engine was running. She was subsequently arrested and charged with felony aggravated DUI because her license was suspended. We were later able to show the Prosecution that the case had issues regarding “actual physical control”, and we showed them that the original blood had been destroyed and was no longer in the State’s possession. No charges were brought against Ms. M.

NOT CHARGED | FELONY AGGRAVATED DUI (.142 BAC) – State v. Mr. L. (DMC No. 1412) (Gilbert PD DR9805915): Mr. L. was driving slowly with his girlfriend through a neighborhood in order to look for their dogs which had gotten loose. An Officer stopped him and they detected an odor of alcohol. Upon a records check, it was discovered that Mr. L. had two prior DUI’s and his license was suspended. He was subsequently for felony aggravated DUI and provided a .142 BAC. We were able to show that the stop was not based on any reasonable suspicion of a crime being committed, and no charges were ever brought against Mr. L.