

Judge John F. Kelly, a 65 year old Pima Superior Court Judge, was charged with DUI on December 5, 2008.
Judge Kelly had the misfortune to spell of alcohol at a sobriety checkpoint.
Judge Kelly had demonstrated no signs of impaired driving; he just smelled like he had consumed alcohol.
Judge Kelly’s blood test came back 0.063, a result below the .08 bac legal limit.
The prosecutor has moved to dismiss the charge and I am certain that is appropriate; however, would the state be so quick to dismiss against an ordinary innocent civilian.
I hope so.
I also hope that Judge Kelly remembers how innocent people get arrested for DUI in the new zero tolerance world of DUI enforcement.
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