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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 27224
Experience:  10+ years defending Misdemeanor and Felony cases.
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I received a Minor Consumption in Maricopa ...

Resolved Question:

I received a Minor Consumption in Maricopa county, AZ. I was the passenger in a car with a driver who was sober. Our car was pulled over because a passenger was pouring water out of the window. Their is no recording of the level of alcohol on my ticket. Is there any thing i can do to have the charge dismissed?
Submitted: 9 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 9 years ago.
You certainly can fight the charges against you and make the State prove the charges beyond a reasonable doubt. If the Officer did not take any breath samples, and just relied on personal observation, the State will have a harder time proving their case. Moreover, if this was the first time the Officer ever had interaction with you, there is no way he knows how you normally act. At the time you were issued the citation, you could have been on medication which caused you to show signs of possible impairment. Also, the location which you were coming from could have impacted the color of your face and eyes. If you were coming from a smoke filled pool hall, this could be the reason your eyes were read or your face was flushed. If you want the charges dismissed, you need to fight this case and hire an attorney. By pleading to this case, it will be on your record. You may also want to ask the court if there is a diversion program that is offered. Upon successful completion of the program, the charges against you could be dismissed.
Customer: replied 9 years ago.
I did blow with a breathalyzer and he stated what i had, but he would not let me see it, and he did not record it on the ticket. SO does that change a lot? Sorry i did not include that in the first question.
Expert:  CrimDefense replied 9 years ago.
This information will be provided if you make a demand for discovery. The State has a duty to turn over all evidence that will be used against you at trial. if you hire an attorney, they will be able to gather this information. In the event that there is no record of the test results, you have a much stronger case, because it will be harder for the State to prove, that you had consumed alcohol.
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