The major issue I have with this is the same one I had in a DUI case I handled a few years back. In that case, my guy was at the bar with coworkers after a long day doing road repair, had too many and went to sleep in his truck until one of his coworkers could take him home. He woke up to the cops tapping on his window.
He was on PRIVATE property (parking lot) asleep, in a parked truck. The truck wasn't running. He was still charged with a DUI.
I was able to get his MVD suspension vacated for one reason: the officer had no reason to go look in his truck and couldn't articulate his reason. We could have beaten the charge at trial but my guy chickened out and took a minimum plea.
Shane's position on this is spot on and SHOULD be what officers are trained to do, but DUI in Arizona is a cash cow and political talking point that gets votes, so it isn't.
The "immediate ability to control" DUIs are there for a reason - to prevent people from driving the car at all when drunk, even to sleep it off. We don't know Massie's story, but if it turns out he was dropped off and decided to sleep it off, what the hell is the officer doing in a private parking lot looking in cars in the first place? Police won't deal with traffic accidents in parking lots unless someone is injured under the guise that it is private property, but they will go snooping around cars in parking lots during DUI hour? Like my guy, if Massie was really just sleeping it off, what good has the officer served by charging him when he was trying to be responsible? There is a severe misunderstanding with many officers in that they think they work for their boss and performance numbers when they work for the taxpayers. Sometimes serving the public means lending a hand, not filling the city coffers with fines.
Also, notice that it appears by the language of all these reports that he has not been convicted, and given that it has been 8 months since the incident, the case is either headed to trial or has been dismissed for one reason or another.