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State v. Ms. P. (DMC No. 5285)

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State v. Ms. P. (DMC No. 5285)

DISMISSED | SUPER EXTREME DUI (.229 BAC) – State v. Ms. P. (DMC No. 5285) (McDowell Mountain Justice Court TR04-03212): DISMISSED at EVIDENTIARY HEARING DUE to a RIGHT to COUNSEL ISSUE – Ms. P. was stopped for an alleged DUI, and she was subsequently taken to the police station where she provided a blood sample which revealed a .229 BAC. Ms. P. was an attorney, and she asked to call another attorney in her law firm, yet the Officer told her “you already used your phone call”, and would not let her make her call. We filed a Motion based on denial of right to counsel, and a full Evidentiary Hearing was conducted. The Judge agreed without position, and all charges were dismissed against Ms. P.

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