DUI (.081 BAC) REDUCED to RECKLESS DRIVING with ZERO DAYS in JAIL – State v. Ms. A. (DMC No. 10349) (Prescott Valley Magistrate Court TR2011-0789): Ms. A. was at Glassford Hill Road and Spouse Road in Prescott Valley, Arizona when she pulled over in order to allow her husband to vomit outside of their vehicle. An officer pulled up and got into a verbal altercation with her husband. Her husband was arrested for Disorderly Conduct, and then she was also cited for DUI. She eventually provided a .090 breath test with a .081 blood test BAC. Because she was not seen actually driving, only sitting behind the wheel with the engine running, we convinced the Prosecutor to dismiss the DUI in exchange for a Reckless Driving with zero days in jail.
January 8, 2010