State v. Mr. S. (2013)

Practice Area: DUI / DWI/DUI Drugs/Reckless Driving

Date: January 17, 2013

Outcome: DUI Dismissed Case

Description: DUI Drug (Globe Justice Court, Case No.:  J-0403-TR-2012001141):  A concerned motorist driving through an accident scene identified a car similar to the car driven by Mr. S. as driving recklessly.  When Mr. S.’s car came through the accident scene, officers noted suspicious behavior from the car and ordered the car to stop.  When Officers had Mr. S. exit the car and later perform field sobriety tests, they noted multiple signs consistent with drug ingestion and impairment.  Mr. S.’s blood was later tested and shown to have prescription drugs.  Mr. S.’s blood was then sent to an out of state laboratory to confirm existence of other drugs.  The out of state lab confirmed existence of spice.  After making multiple requests for the out of state laboratory’s blood analysis and chain of custody logs, Ms. Castillo found that that the out of state laboratory had destroyed the blood.  Ms. Castillo then moved for suppression of the blood results.  The Justice Court Judge agreed with Ms. Castillo and suppressed the blood results.

All charges against Mr. S. were later dismissed by the Globe County Attorney.

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