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Well-known lawyer accused of DUI after rear-ending SUV

He blames diabetes symptoms; breath test negative for alcohol

Lindsey Collom
The Arizona Republic
Feb. 15, 2006 12:00 AM

A prominent defense attorney arrested Tuesday on suspicion of DUI said he was experiencing diabetic complications at the time and bears no grudge against the legal system.

State Department of Public Safety officers arrested Mel McDonald, 64, after he failed a field sobriety test Tuesday morning, authorities said.

McDonald, a former judge and U.S. attorney, was booked into Fourth Avenue Jail on the misdemeanor count. He was released on his own recognizance by 3 p.m.

Officers encountered McDonald when his Lexus sedan rear-ended a Chevrolet Avalanche about 8:30 a.m. on the Third Street HOV exit of Interstate 10. No one was injured.

He was driving alone on his way to Maricopa County Superior Court.

A drug recognition officer determined McDonald was driving under the influence but not by alcohol. The attorney told officers he was diabetic and hadn't eaten breakfast, affecting his blood-sugar level.

"Sometimes it can throw your body out of whack," McDonald said.

Officers suspected it was a medication issue, but "impairment is impairment, whether it's through legal or illegal drugs or alcohol," DPS spokesman Rick Knight said.

There are instances in which people on prescription medication are arrested for DUI. It's not prevalent, but it does happen, Knight said. That's why people should heed the warnings not to operate equipment or machinery

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while on certain medications because "you don't know how it's going to affect your body," he added.

McDonald said he complied with officer requests and submitted to a breath and blood test. The breath test, which determines blood-alcohol content, was negative. It will take several months for the backlogged DPS lab to analyze his blood sample, Knight said.

McDonald said he doesn't blame the officers for doing their jobs and will eagerly await results of the blood test.

"They will find no drug that is not covered by a prescription," he said. "What (officers) observed is what they observed. The beauty of our system is I'm not guilty of anything."

Officers did not cite McDonald for driving in the HOV lane; Knight said he did not know why.

Matt Silverman, director of communications for the State Bar of Arizona, said an inquiry would be launched as a result of McDonald's arrest. He is allowed to practice law during the investigation.

McDonald is a former Maricopa County Superior Court judge and served as U.S. attorney during the Reagan administration. In 2004, he was appointed by former Maricopa County Attorney Rick Romley to head a grand-jury investigation of crimes that may have been committed during a 15-day standoff at Lewis prison, other than those of the two inmate perpetrators. The grand jury did not hand up an indictment.

This information is courtesy of http://www.azcentral.com/

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