An Arizona hearing examiner ruled Monday that a driver’s application for a driver identification card and auto insurance must include an application tracking system to track his whereabouts on the road.
John Dankiewicz, a lawyer representing the driver’s lawyer, filed the motion in a Phoenix courtroom to dismiss a case that had been underway since March.
The case involved the driver, identified in court documents as Dajuan, who was indicted for driving while under the influence of alcohol in January.
The driver was arrested after an officer noticed that Dajuans blood alcohol level was nearly two times the legal limit.
Dankiewicz argued in his motion that the driver must be able to show that his application is “applicably relevant” to the case, which had been going on for more than six months.
The Arizona Department of Public Safety did not immediately respond to a request for comment.
Dankowicz’s motion also asked the judge to set aside an order denying the driver his driver’s license.
Dankowicz argued that his client should be allowed to use his ID card to apply for and obtain insurance.
Dajuan was sentenced to four years in prison in February, but the case was thrown out after the judge found that he had no criminal history, had no prior traffic violations and that his blood alcohol content was zero.
Dajiuans attorney argued in the appeal that Dankowser had failed to show a criminal history in Arizona.
The judge rejected Dankwitzs request to vacate the judgment.
The judge wrote that the defendant’s blood alcohol was measured by a breathalyzer at 0.16 percent.
Daniels defense attorney, Matthew Cavanaugh, said the driver should be able use his driver ID card for his personal use.
Cavanaugh said Dajus driving history was “obviously not relevant.”