DUI DISMISSED – State v. Mr. A (Phoenix Municipal Court No. M-0741-4490506): Mr. A was stopped while sitting in his car in the parking lot of a restaurant. The restaurant manager had called 911 and reported that Mr. A was impaired. The officer claimed he had bloodshot, watery eyes and an odor of alcohol. During the eye test (HGN), Mr. A exhibited all 6 out of 6 cues and performed poorly on the other field sobriety tests (FSTs). Although Mr. A had a low BAC, his blood results showed the presence of marijuana. However, due to our arguments to the prosecutor that there was no proof of driving (actual physical control), the State dismissed all charges.