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On June 15, 2019, Officer Campano of the Apache Junction Police Department pulled the client over for going 77 mph in a 45 mph zone.  When the client pulled over, he struck a curb.  

Officer Campano alleged that the client had slurred speech, was swaying, was wobbling, had an odor of alcohol, had bloodshot watery eyes, and admitted to drinking alcohol and admitted to taking Lorazepam.  During the Horizontal Gaze Nystagmus (HGN) test the client would not follow the stimulus.  The client exhibited five out of eight clues on the walk and turn test.

While performing the one-leg stand field sobriety test, the client requested to speak to an attorney. Officer Campano discontinued the field sobriety tests and immediately arrested the client.  The client was transported to the Pinal County Sheriff’s Office DUI command post.  The client submitted to a blood test, which came back as .238 BAC. 

Throughout the entire investigation, the client was never provided a phone nor a phone book to contact an attorney.  We filed a motion to suppress the blood results for denial of the right to counsel.   Prior to the evidentiary hearing, the prosecutor changed their initial offer from pleading guilty to a super extreme DUI over a .20 to a DUI impaired to the slightest degree and dismissed all of the other charges.  The client took the new plea to DUI impaired to the slightest degree.

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