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State v. Mr. B. (DMC No. 6580)

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State v. Mr. B. (DMC No. 6580)

DUI NOT CHARGED/HIT AND RUN REDUCED to a “speeding” ticket – State v. Mr. B. (DMC No. 6580) (Flagstaff Justice Court 2006-0366): Mr. B.’s car was observed in a ditch after it had struck a fire hydrant.  He was outside of the vehicle when a passing motorist stopped to help him.  He then walked home.  The motorist called police, and identified Mr. B. in a photo lineup.  Although the witness had stated that Mr. B. appeared to be very intoxicated, the police were unable to contact Mr. B. and secure a blood test.  We argued a “Corpus Delicti” issue with the prosecutor, and they agreed to reduce the hit and run charge down to a mere speeding ticket with a small fine.

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