State v. Ms. B. (2017)
Phoenix Municipal Court No. M-0741-4669434
Practice Area: Criminal Law / DUI
Outcome: Complete Acquittal
Description: Phoenix Municipal Court: Mr. B. was sleeping in his car while parked in a QT gas station parking lot. Phoenix Police officers noticed him sleeping in the car with an open container of Mike’s Hard Lemonade in the cup holder next to him. Mr. B was awoken by police officers and subjected to a DUI investigation. Mr. B performed poorly on the field sobriety tests and he was arrested for DUI and transported to a DUI van where his blood was drawn. The results of the blood tests (his blood was tested by two separate State’s experts) showed Mr. B. to have a Blood Alcohol Content of .092 and .088. At trial, Mr. Goebel argued both that Mr. B was not in actual physical control of the car under the applicable case law and that he was not impaired by the alcohol he had drank. The jury found Mr. B. not guilty on all charges.
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