DUI .214 (Paradise Valley) - Dismissed morning of trial
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My client was charged with Super Extreme DUI in Paradise Valley. His blood returned a .214. This was a difficult case. But, because my client travels regularly to Canada and intends to retire there, we had to fight his case. (If you are convicted of a DUI in the United States, you cannot enter Canada).
My client was involved in an accident at El Charro in Paradise Valley. He was backing his vehicle out of a parking spot and hit a parked car. After the accident, he exited the car and got another drink. When the police arrived 20 minutes later, he was still drinking. My client was arrested by the Paradise Valley Police for DUI. At the station my client refused to consent to the blood test. Because of this, his license was suspended for a year. We fought this at MVD and won. His blood was drawn over three hours later.
Two days prior to trial I filed a motion to preclude the blood from trial because the results were misleading. The State must prove alcohol concentration with alcohol consumed prior to or at the time of driving. Here, my client was drinking after, and the police had no idea how much. My expert and the State's expert would have testified that my client could have been blow a .08 but for the alcohol he consumed after driving! The prosecutor would not listen to me. I set the case to trial. The prosecutor interviewed his witness, realized the problem and did the right thing. Extreme DUI .214 in paradise Valley dismissed! Prior to getting to this point my client was wiling to settle with a reckless driving.
If you have been charged with a DUI in Paradise Valley give me a call. I offer free telephonic consultations. Let's talk and make a plan to fight your case. You can reach me on my mobile at 480-729-1683.