REDUCED | EXTREME DUI (.169 BAC) (Mesa Municipal Court No. 2007006966CR): Mr. M. was at a Jack in the Box drive through when he struck a pole at a low speed. He then backed up his vehicle and parked. When the police arrived, they stated he was in “actual physical control” of his vehicle, and arrested him for Extreme DUI. He provided a .169 blood alcohol reading. We were able to raise the issue that the State would have trouble putting Mr. M. behind the wheel “at the time of driving,” and they agreed to dismiss the Extreme DUI in exchange for a plea to a regular DUI in which Mr. M. did 1 day in jail instead 30.

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