2^nd OFFENSE DUI (refusal) DISMISSED – State v. Mr. S. (DMC No. 8877) (El Mirage City Court CR2009-62): Mr. S. was alleged to have rear ended another vehicle at Grand Avenue and Thompson Ranch Road in El Mirage, Arizona and then fled from the scene.   He was found at his house and he appeared to have been drinking.  It also appeared that he was drinking while he was inside of his house.   When he was arrested and asked to provide chemical tests, he refused.  We were able to convince the Prosecutor that they would never be able to prove that he drank before the accident and they agreed to dismiss the DUI.  Because Mr. S. had a prior DUI, he was facing potentially 6 months in jail if he would have been convicted of the DUI due to his prior conviction.