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State v. Ms. M (DMC No. 15419)

(Jul. 31, 2018) NOT GUILTY/COMPLETE ACQUITTAL at JURY TRIAL – DUI & DWI (.142 BAC) – State v. Ms. M (DMC No. 15419) (Phoenix City Court 5260782): At 11:27 at night, two Phoenix Police Officers responded to a radio call of a suspicious vehicle at Happy Valley Road and 43rdAvenue.  When they arrived, they observed Ms. M sitting in her car, with her engine running and her phone charging.  She had a flat tire, and they surmised she had hit a curb. She told them she was waiting for a tow truck to arrive.

The officers then made her do Field Sobriety Tests, even though she was 65 years old.  This violates the NHTSA (National Highway Traffic Safety Administration) rules, and the tests were shown to the jury not be valid.  Ultimately she provided a blood test which revealed a .142 BAC.  We argued to the jury that the State could not prove the actual time of driving, nor could they prove she was in “Actual Physical Control” of her vehicle.  We argued that she was merely using it as temporary shelter while waiting for a tow truck to arrive.  The jury acquitted her on all charges.

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