State v. Mr. D. (2013)

Phoenix Municipal Court No. M-0741-4583867

Practice Area: Criminal Law / DUI

Date: July 30, 2013

Outcome: Partial Acquittal/Dismissal

Description: Acquitted on DUI/State Dismissed .08 or above.

Mr. D. was returning home from work. Mr. D. was stopped for speeding and a wide turn. Officers conducted field sobriety tests; arrested Mr. D. for DUI; and transported him to a DUI van where his blood was drawn. Mr. D.’s. BAC was above a .13. Mr. D. was facing the minimum for a misdemeanor DUI. At trial Ms. Castillo argued that the batch run containing Mr. D.’s blood was tainted because there were volatiles in the controls that should not be present. The State’s criminalist agreed with the defense criminalist that the volatile should not be present, but there was a disagreement on whether Mr. D.’s blood should have been retested. The jury found Mr. D. not guilty on the impairment charge but were unable to agree on a verdict for the DUI above a .08. After having the matter set for another trial, the State was unable to proceed and the charge was dismissed against Mr. D.

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