State v. M.D. - Motion to Dismiss for Violation of Right to Counsel Granted

Marana Municipal Court
Count 1: DUI Impaired to the slightest degree
Count 2: DUI 0.08 or more
Count 3: Extreme DUI 0.15 or more
Count 4: Super Extreme DUI 0.20 or more
BAC: Blood 0.290

Result: I filed a Motion to Dismiss for a violation of M.D.'s right to counsel. Upon her arrest, she
requested to speak with a lawyer. The officers acknowledged her request but failed to provide
her a phone or put her in a phone room instead of locking her in a holding cell until drawing her
blood nearly 2 hours later. After an Evidentiary Hearing, the Judge granted my Motion to
Dismiss for a Violation of the Right to Counsel and dismissed the entire case. M.D. was also facing a
12-month implied consent suspension for refusing the blood draw. I argued she did not refuse
the blood draw she merely requested a lawyer which was within her rights. The Administrative
Law Judge agreed and voided the 12-month suspension.