#5004 – State v CD
5 charges on ticket:
- ARS 28-1381a1 – DUI (.08)
- ARS 28-1381a2 – DUI impaired to the slightest degree
- ARS 28-701a – speed greater than reasonable and prudent
- ARS 28-751.1 – improper position turning right
- ARS 28-4135B – no proof of insurance
CD was driving to an ASU college party in Tempe. CD lost control of his car and wrecked into a palm tree by an apartment complex. Witnesses called the police and three witnesses identified CD as the driver. CD remained at the scene. When questioned by the officer he admitted he was the driver. He also admitted drinking 3 beers. The officer observed swaying, slurred speech, bloodshot eyes, and strong odor of alcohol. CD failed 3 out of 3 of the field sobriety (FST) coordination tests; the officer observed multiple impairment cues on the HGN or eye test, walk and turn test, and one leg stand test. CD did a portable breath test (PBT) with a .144 result. He was handcuffed, arrested and began to cry. CD was taken to the station and did additional breath tests of .132 and .135.
CD’s car was impounded.
The prosecutor was not willing to reduce the charges because of the high level of the alcohol tests and the fact that there was a collision. MLF’s investigation of the case turned on the observations and testimony of the three various eyewitnesses. MLF requested to interview the witnesses. The various witnesses failed to cooperate in a timely manner for interviews and MLF convinced the prosecutor to dismiss all of the initial 5 charges on the ticket.
CD admitted to a reduced ARS 28-693 reckless driving charge. He paid a reduced fine and did 16 hours of alcohol education classes. Additionally, MLF subsequently cleared the driving license suspension from his MVD record.
4 of the 5 original charges dismissed
1 charge DUI reduced to reckless driving arizona