State v. Mr. L. (2011)

Practice Area: DUI / DWI

Date: May 3, 2012

Outcome: DUI Dismissed Case

Description: DUI Drug

Dismissal / DUI Arizona – State v. Mr. L. (Casa Grande Justice Court Case No. TR-201104397): Mr. L. was returning home from Tucson when he pulled over at a rest area.  A concerned citizen followed Mr. L. to the rest area and noted Mr. L. to drive up on the sidewalk; sit in his trunk for an unreasonable amount of time; and then stagger toward the bathroom.  The concerned citizen then notified an officer of his observations.  Mr. L. was taken to a police station where he requested to speak with his attorney.  Mr. L. spoke with an attorney who advised him to seek an independent test.  Mr. L. was then taken to a hospital where an officer observed Mr. L. to drop the urine cup into the toilet.  The officer failed to notify hospital personnel of what he observed; took custody of the urine sample for the independent test; and then provided it to hospital staff remaining silent as to the tainted cup.  After several interviews, Ms. Castillo was able to convince the county attorney to dismiss the case given the tainted urine sample and troublesome “independent” test where the officer had placed himself into the chain of custody but never advised hospital personnel of the tainted urine sample.

Results depend upon factors unique to each case. Results in one case do not predict results in another case.