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- Results depend upon factors unique to each case and that results in one case do not predict similar results in others.
Disclaimer - Results depend upon factors unique to each case and that results in one case do not predict similar results in others.
DUI REDUCED to Reckless Driving – State v. Mr. S.
DUI REDUCED to Reckless Driving – State v. Mr. S. (DMC No. 7175) (McDowell Mountain Justice Court No. TR2006-173848): Police were called by a Civilian that reported Mr. S running a red light, then pulling off the road suddenly and stopping. When police arrived the Civilian Witness was there, and Mr. S was still behind the wheel of his car. He appeared to be impaired by alcohol and he told the officer’s that he had pulled over in order to “sleep it off”. Because a Civilian had actually seen him driving, the affects of a Corpus Delicti and lack of Actual Physical Control defeense were greatly diminished. Even though Mr. S had 3 prior DUI’s and 1 prior Reckless Driving, we were still able to secure a Reckless Driving Plea which involved no jail time.
DUI REDUCED to Reckless Driving – State v. Mr. M.
DUI REDUCED to Reckless Driving – State v. Mr. M. (DMC No. 7187) (Tempe City Court No. 06-963584): Mr. M was stopped for allegedly doing 62 in a 35. After he was stopped it was determined he was under 21, but had been drinking. He was arrested for DUI and provided a breath sample that was below the legal limit. Even though he could still be convicted of an Underage Drink and Driving, we convinced the Prosecutor to extend a Reckless Driving offer which only involved classes.
DUI REDUCED to Reckless Driving – State v. Mr. M.
DUI REDUCED to Reckless Driving – State v. Mr. M. (DMC No. 7228) (University Lakes Justice Court No. TR2007-107320): Mr. M was observed making a wide right turn on University Dr. off of Rural Rd. After being stopped, the officer had Mr. H perform Field Sobriety Tests and claimed that he was impaired. Once he was given a breath test it revealed that he was only a .071 Breath Alcohol Content. We were able to convince the Prosecutor that they would lose at trial, and they extended a 0 days in jail Reckless Driving offer.
DUI REDUCED to Reckless Driving on the Day of Trial
DUI REDUCED to Reckless Driving on the Day of Trial – State v. Mr. K. (DMC No. 7239) (Tempe City Court No. 06-950941): Mr. K was pulled over for allegedly not having his headlights on. Subsequently, he was given a Preliminary Breath Test which revealed a .217 Breath Alcohol Content. However, he had clear speech and no trouble on the majority of Field Sobriety Tests. Once at the station he provided a Breath Test on a machine that revealed a .125. That device was shown to have multiple calibration issues, and on the day of trial the Tempe City Prosecutor extended an offer of Reckless prior to picking a jury.
DUI REDUCED to Reckless Driving – State v. Mr. H.
DUI REDUCED to Reckless Driving – State v. Mr. H. (DMC No. 7245) (Tempe City Court No. 07-983218): Mr. H was found stopped at a green light asleep with his engine on and his foot on the brake pedal. He ultimately provided Field Sobriety Tests and a Preliminary Breath Test of .085. After he was arrested, he was taken to the station and requested to call our office. After he was done on the phone, he did not provide any answers to questions and did not perform any further tests. Due to the lack of evidence, we were able to convince the Prosecutor to extend the Reckless Driving offer with 0 days in jail.
DUI REDUCED to Reckless Driving – State v. Ms. F.
DUI REDUCED to Reckless Driving – State v. Ms. F. (DMC No. 7269) (Scottsdale City Court No. TR2007-013043): Officers were at 128th St. and Shea monitoring an accident when they saw Ms. F drive by without her lights on. They ultimately stopped her and arrested her for a DUI after she produced a Preliminary Breath Test of .103. We were able to demonstrate that she did well on the Field Sobriety Tests and that her driving was not egregious (she had simply left her lights off). Due to the fact that the State would have most likely lost at trial, they offered a Reckless Driving Plea with 0 days of jail.
DUI REDUCED to Reckless Driving – State v. Mr. B.
DUI REDUCED to Reckless Driving – State v. Mr. B. (DMC No. 7282) (Scottsdale Justice Court No. TR 2007-110596): Mr. B was observed travelling eastbound on the 101 Freeway at 75mph and was supposedly driving erratically. An officer stopped him and conducted Field Sobriety Tests. He then arrested him for DUI and took him to the station where he produced a .080 breath alcohol reading. Due to the low reading, and the fact that there was no egregious driving, we were able to secure a plea to a Reckless Driving which involved no days in jail.
DUI REDUCED to Reckless Driving – State v. Mr. B.
DUI REDUCED to Reckless Driving – State v. Mr. B. (DMC No. 7289) (West Mesa Justice Court No. TR2006-177490): Mr. B was seen stopped on the side of State Route 101 with a flat tire and his emergency lights on. The officer walked up and the engine was on, but the car was in park. Mr. B was in the car and he smelled of alcohol and was subsequently arrested for DUI. He then produced a .142 breath alcohol reading. We were able to have the case reduced to a mere Reckless Driving due to the fact that the State had problems proving Actual Physical Control and Corpus Delicti.
DUI REDUCED to Reckless Driving – State v. Mr. W.
(Case Grande City Court No. TR2006-002357): Mr. W. was observed making a wide turn on McMurray Blvd. from N. Pinal Ave. in Casa Grande. He was subsequently stopped for DUI and provided a .095 breath test. On the day of trial, the prosecutor relented and offered a Reckless Driving disposition.
DUI REDUCED to Reckless Driving – State v. Mr. W.
(Chandler Municipal Court No. 06-X-1736252A): Mr. W. was stopped pulling out of Sonny’s Gentleman’s Club during an East Valley DUI Task Force. He was subsequently arrested for DUI and provided a blood test of a .130 BAC. We were able to show that the police lacked reasonable suspicion to stop Mr. W. while pulling from a private drive to a public roadway. Due to the threat of that Motion to Dismiss, the prosecutor offered a plea to Reckless Driving with zero days in jail.
DUI REDUCED to Reckless Driving – State v. Ms. C.
(North Valley Justice Court No. TR2006148270CR): Ms. C. was stopped for traveling at a slow rate of speed while on the I-17. She was subsequently arrested and breath test results of .110 and .107 were obtained. Because one of the officer said that she was “found sleeping behind the wheel of his vehicle”, the other officer said he was actually driving, we were able to get the case plead down to Reckless Driving and get the DUI dismissed.
DUI REDUCED to Reckless Driving – State v. Mr. W.
(Kyrene Justice Court No. TR04-03170CR): Mr. W. was stopped by police during an East Valley DUI Task Force over the Thanksgiving holiday. Police claimed he was going 10 mph below the speed limit. After he was arrested, he was being transported to the police station when the officer decided to stop another vehicle for a DUI arrest. Once he got to the station, he provided a blood test which was above the legal limit. Because of problems with the blood draw (two phlebotomists were used), we were able to get the DUI dismissed and secure a plea to Reckless Driving with zero days in jail.
DUI REDUCED to Reckless Driving – State v. Mr. H.
(Gilbert Municipal Court No. 2007-TR-0000487-DU): Mr. H. was seen driving with one headlight and was subsequently stopped by a Gilbert Police Officer. He was arrested for DUI and underage Drinking and Driving, and provided a blood test which showed a .065 blood alcohol content. However, the officer claimed that Mr. H. was under the influence of marijuana, and had a Drug Recognition Evaluation performed on him. The drug test came back with “No drugs detected.” We were able to negotiate a Reckless Driving plea with zero days jail where not only the DUI was dismissed, but also the Underage Drinking and Driving (which would have cost Mr. H. his license until his 21st birthday).
DUI REDUCED to Reckless Driving – State v. Mr. B.
(Tempe Municipal Court No. 06-961213-3CR): Mr. B. was observed by a Tempe Police Officer making a wide right turn from University to Rural Road. After stopping Mr. B., 4 cues of HGN were detected, along with an odor of alcohol. Although he subsequently provided breath tests which were above the legal limit, we were informed the prosecutor we would be filing a Motion for No Reasonable Suspicion to Stop. They subsequently offered a Reckless Driving with no days in jail.
DUI REDUCED to Reckless Driving – State v. Mr. C.
(San Marcos Justice Court No. TR06-51320CR): Mr. C. was seen coming off the westbound exit ramp on the 101 at Elliott. The officer claimed he drifted over the fog line and then accelerated to 75 mph in a 60 mph zone. He was subsequently stopped and arrested for DUI. He provided a breath sample of .110. We were able to show that there may have been no reasonable suspicion to stop, and that the problem with Mr. C.’s Field Sobriety Tests had to do with a previous head injury he had received. We were then able to convince the prosecutor to dismiss the DUI and reduce the case to a Reckless Driving charge with zero days in jail.
DUI REDUCED to Reckless Driving – State v. Mr. J.
(Chandler Municipal Court No. 06-X-1865971CR): Mr. J. was seen pulling out of Sonny’s Gentleman’s Club in Chandler, Arizona, yet he pulled into the middle lane instead of the right lane. The officer claimed that he weaved and subsequently stopped Mr. J. Mr. J.’s blood test showed a .050 BAC, but he also admitted to taking Vicodin and Flexeril. We were able to demonstrate to the prosecutor that the amount of drugs he took and the fact that they were taken so much earlier in the day would not have impaired his driving. The State agreed to dismiss the DUI in exchange for a Reckless Driving plea.
DUI REDUCED to Endangerment – State v. Mr. W.
(Tempe Municipal Court No. 06-961209-2CR): Mr. W. made a left hand turn at 8th Street and Rural Rd. against the signs which stated, “No left turn.” He was subsequently stopped and admitted to drinking at Four Peaks Brewery. After he was arrested, he provided a .155 breath test to the police. We were able to contact the Tempe City Engineer’s Office and show that these particular left-hand turn signs were not in the proper area and were not completely visible to traffic. We convinced the prosecutor to dismiss the DUI’s in exchange for an Endangerment plea.
DUI REDUCED to Reckless Driving – State v. Mr. C.
(Tempe Municipal Court No. 06-963549-3CR): Mr. C. was involved in a traffic accident at a red light. We were able to show that it was the other driver’s fault, and that even though Mr. C. had a breath alcohol content near the legal limit, we were able to convince the State to reduce his DUI to Reckless Driving. Because Mr. C. had a commercial driver’s license, he was able to keep his job and spent zero days in jail.
DUI REDUCED to Speeding – State v. Ms. C.
(Chandler Municipal Court No. 07-C-2907271, 2CR): Ms. C. was pulled over for allegedly speeding. Subsequently the officer smelled alcohol and put her through a battery of Field Sobriety Tests. He claimed she did terribly, and then he arrested her and obtained a blood sample. Her BAC came back below the legal limit, and we convinced the prosecutor to dismiss not only the DWI (being above .08), but also the DUI (impaired to the slightest degree).
DUI REDUCED to Reckless Driving – State v. Mr. H.
(Phoenix Municipal Court No. 8970876CR): Mr. H. was stopped for an alleged DUI in June. The Phoenix City Prosecutor’s Office was unable to proceed to trial in October, and the case was dismissed. Sometime thereafter, the City Prosecutor’s Office re-filed the charges and sent notice to Mr. H.’s former address without notifying Defense Counsel. He eventually discovered there was a warrant regarding his DUI some six (6) years later. We then got the case dismissed in its entirety do to a violation of Mr. H.s’ speedy trial rights.
DUI REDUCED to Reckless Driving – State v. Mr. E.
(0301593CR): Mr. E. was stopped by a DPS Officer who claimed he was speeding. During the subsequent DUI investigation, Mr. E. performed very well on Field Sobriety Tests and provided a breath sample with a result of .094 BAC. Due to his performance on the tests, and our negotiation with the Maricopa County Attorney’s Office, Mr. E. was given a plea offer to Reckless Driving with zero days in jail.
DUI REDUCED to Reckless Driving – State v. Ms. V.
(0206260CR): A DPS Officer claimed that Ms. V. had an accident sometime prior to police arriving on the scene. When the police did arrive, she was out of the car and engine was off, with the car parked. We filed a Motion based on Lack of Corpus Delecti (claiming that the police could not prove she was the actual driver, nor the time that the driving occurred), and the County Attorney’s Office offered a plea to Reckless Driving with zero days in jail.
DUI REDUCED to Reckless Driving – State v. Mr. C.
(0205287CR): Mr. C. was stopped for making a wide left turn. During the DUI investigation he provided a .109 breath sample to the Sheriff’s Deputy. After we filed a Motion to Dismiss for Lack of Reasonable Suspicion to Stop, the State offered a plea to Reckless Driving with zero days in jail.
DUI REDUCED to Reckless Driving – State v. Mr. S.
(200227411CR): Mr. S. was stopped by Scottsdale Police for a minor traffic violation. A DUI investigation took place in which Mr. S. asked to call his lawyer. The police allowed him to use his cell phone in the car, but the call did not go through. When he asked to use another phone, the police denied his request. Even though his blood results were .126 BAC, based on our Motion to Dismiss for Denial of Right to Counsel, the Scottsdale City Prosecutor’s Office offered a Reckless Driving with zero days in jail.
DUI REDUCED to Reckless Driving – State v. Mr. W.
(0210017CR): When Mr. W. was arrested for DUI and taken to the police station, he requested to call our office. When we spoke with him, we instructed him to ask the officer to release him in order to get an independent blood test. The officer ignored that request and booked Mr. W. into jail overnight. We subsequently filed a Motion to Suppress/Dismiss based upon Denial of Exculpatory Evidence, and the State immediately offered a plea to Reckless Driving with zero days in jail.
DUI REDUCED to Reckless Driving – State v. Mr. S.
Mr. S. was stopped for allegedly speeding, and was subsequently arrested for DUI. Although his breath test was above the legal limit, his performance on Field Sobriety Tests was outstanding. We were able to negotiate a plea to Reckless Driving with no jail.
DUI REDUCED to Reckless Driving – State v. Mr. J.
(0215314CR): Mr. J. was stopped while driving with his wife after a Christmas party. He was suffering from bronchitis at the time, and was able to provide three attempted breath tests, with the highest reading being .135. He was subsequently arrested and asked if he could contact his attorney. Because the officer denied his request, we were able to file a Motion Based on Denial of Right to Counsel and have the Maricopa County Attorney’s Office reduce the case to Reckless Driving with no jail.
DUI REDUCED to Reckless Driving – State v. Mr. W.
(200209947CR): Mr. W. was stopped by Scottsdale Police who claimed he was speeding. During the DUI investigation, he provided a blood sample which produced a .109 BAC. On the day of trial, we convinced the prosecutor that the jury pool looked favorable to our client. At the time, the State buckled and offered a plea to Reckless Driving with zero days in jail.
DUI REDUCED to Reckless Driving – State v. Mr. R.
(030053CR): Mr. R. was stopped by Mesa Police during an East Valley DUI Task Force. The officer claimed his headlights were not on. He subsequently provided a blood sample which revealed .088 BAC. After all defense interviews were complete, we convinced the prosecutor the State would probably not prevail at Jury Trial and were able to secure a plea to Reckless Driving with zero days in jail.
DUI REDUCED to Reckless Driving –State v. Mr. A.
(2002004289CR): Mr. A. was stopped by Flagstaff Police for allegedly making a wide turn. He provided a breath test which revealed a .107 BAC. He did extremely well on Field Sobriety Tests. During the jury selection at trial, it became apparent that the jury was being more sympathetic to Defense Counsel than to the Prosecution. At that point our lawyer was able to negotiate a plea to Reckless Driving with zero days in jail.
DUI REDUCED to Reckless Driving – State v. Ms. R.
(032069291CR): Ms. R. came up on a red light and slowed to approximately 3 miles per hour when she bumped into the car in front of her. She was subsequently cited for DUI and provided a blood sample which revealed a .140 BAC. Ms. R. asked the police if she could talk to her attorney or a friend of hers who was a police officer. They allowed her to talk to the police officer (who told her to submit to a blood test), but they did not allow her to talk to an attorney. We filed a Motion to Suppress based upon Denial of Right to Counsel and the reading was thrown out. Subsequently, she was offered a plea to Reckless Driving with zero days in jail.
DUI REDUCED to Reckless Driving – State v. Ms. O.
(03615312CR): Tempe City Police claimed Ms. O. made a left turn against a left turn sign. She was subsequently arrested and provided a .092 breath sample. She requested to speak with a lawyer, and that request was denied. These issues were discussed with the prosecutor, and we were able to secure a plea to Reckless Driving with zero days in jail.
DUI REDUCED to Reckless Driving – State v. Ms. S.
(20036205CR): Ms. S. was stopped by Gilbert Police for allegedly rolling through a stop sign. Although the police claimed she did terribly on her Field Sobriety Tests, her breath test revealed only a .088 BAC. After negotiations with the prosecutor, we secured a plea to Reckless Driving with zero days in jail.
DUI REDUCED to Reckless Driving – State v. Mr. V.
(032071411CR): Mr. V. was stopped by the City of Chandler Police after an off-duty ASU police officer claimed he was traveling too fast. Upon contact by police, Mr. V. performed very well on his Field Sobriety Tests. Even though his blood test revealed a .094 BAC, we were able to negotiate a plea to Reckless Driving with zero days in jail.
DUI REDUCED to Reckless Driving – State v. Mr. L.
(0301104CR): Mr. L. was stopped by police in the City of Scottsdale. He performed extremely well on Field Sobriety Tests, and he provided a blood sample with revealed a .079 BAC. Due to “No reasonable likelihood of conviction,” Mr. L. secured a Reckless Driving plea with zero days in jail.
DUI REDUCED to Reckless Driving – State v. Mr. O.
(03618392CR): Mr. O. was stopped for speeding by Tempe Police. He subsequently provided a .095 breath test. We argued to the prosecutor that he did very well on his Field Sobriety Tests and that the case was factually insufficient. Subsequently, he was allowed to plead to Reckless Driving with zero days in jail.
DUI REDUCED to Reckless Driving – State v. Mr. K.
(0205217CR): Mr. K. was stopped by Arizona DPS for allegedly speeding. Subsequently the police pressured him into giving a breath test by telling him he would go to jail if he did not. The results of that test revealed a .145 BAC. We filed a Motion to Suppress based upon Coercion, and the State offered Mr. K. a Reckless Driving plea with zero days in jail.
UNDERAGE DUI REDUCED to Speeding – State v. Ms. V.
(02593913CR). Ms. V. was stopped by police for allegedly cutting off a police officer. Police smelled alcohol on her breath and administered a Preliminary Breath Test (which revealed a .062 BAC), she was cited for Underage DUI. We alleged that there may have been no reasonable suspicion to stop her, and we secured an offer from the prosecutor to a speeding ticket with no license suspension and only a minor fine.
UNDERAGE DUI REDUCED to Speeding – State v. Ms. E.
(200229564CR): Ms. E. was stopped for an alleged speeding violation by the City of Scottsdale Police Department. Alcohol was smelled on her breath, and a Preliminary Breath Test was administered. Because the device is not certified, we were able to suppress her breath alcohol content from being admitted into evidence. We then secured a plea to a speeding ticket with no license suspension and a minor fine.
UNDERAGE DUI REDUCED to Speeding – State v. Mr. W.
(2003030245CR): Mr. W., who was under 21 years of age, was involved in a minor traffic accident. Prescott City Police smelled alcohol on his breath, and administered a Preliminary Breath Test to him. Because this device is not certified as admissible, we were able to suppress the breath test results and secured an offer to Mr. W. of a mere speeding ticket with a fine.
DUI REDUCED to Speeding – State v. Mr. B.
(030053CR): Mr. B. was stopped by Gilbert Police during a East Valley DUI Task Force. He provided a breath sample of .082 BAC, and did well on Field Sobriety Tests. We were able to negotiate a plea to a speeding ticket once we pressured the prosecutors.
DUI REDUCED to Reckless Driving- State v. Mr. T.
(Tempe City Court No.: 02-611369-1CR): Mr. T. was stopped for allegedly travelling 64 in a 40. After he was stopped, he performed poorly on field tests. He subsequently provided a .101 breath BAC. On the eve of trial, the state offered a plea to a reckless driving.
DUI REDUCED to Reckless Driving-State v. Mr. I.
(Tempe City Court No.: 03-624342-1CR): Mr. I. was stopped because he was seen driving his car and weaving into the bicycle lane. After field sobriety tests he was arrested, he provided a breath BAC of .121. We filed a motion based upon no reasonable suspicion to stop, and prior to any evidentiary hearing Mr. I. was offered a reckless driving with zero days in jail.
DUI REDUCED to a Minor Driving with Alcohol in System
State v. Ms. S. (East Phoenix One Justice Court No.: 03-02414CR): Ms. S. was seen travelling the wrong way on a one way street in downtown Phoenix. She was ultimately contacted and performed poorly on field sobriety tests. She provided a breath BAC of a .159, and then she was questioned by police. Because she was a juvenile, they did no read her her juvenile Miranda Rights and we threatened to have all statements thrown out, along with the breath test. The state then offered a plea to Minor Driving with Alcohol in System.
DUI REDUCED to Reckless Driving- State v. Ms. S.
(East Mesa Justice Court No.: 03-01854CR): Ms. S. was stopped for allegedly travelling 94mph and weaving. She performed poorly on field tests, and she told the officers she was feeling sick, and then vomited outside of the patrol car. She stated she was sick because she had “too much to drink”. Although both her breath and blood tests were above the legal limits, we were able to obtain an offer to a reckless driving just prior to trial.
DUI REDUCED to Reckless Driving –State v. Mr. F.
(Buckeye Justice Court No.: 03-03062CR): Mr. F. was accused of trying to steal a traffic cone while leaving the Phoenix International Raceway. When police contacted him, he had an odor of alcohol and performed poorly on field sobriety tests. We argued that there was possible no reasonable suspicion to stop and possible coerced blood test which had occurred when the officer said “give blood or we will take you to jail”. At the Evidentiary Hearing for coerced blood draw, the state offered a plea to a reckless driving with zero days in jail.
DUI REDUCED to Reckless Driving- State v. Mr. A.
(Tempe City Court No.: 03-637450-CR): Mr. A. was allegedly involved in a hit and run. When officers arrived at the residence, dispatch advised that the owner of the vehicle was calling in a stolen vehicle report. Mr. A was arrested for hit and run, filing a false police report, and DUI. His breath test revealed a .044 BAC. We filed a motion based on Corpus Delicti, as there was no individual to identify Mr. A. behind the wheel. In addition, we filed a Motion to Preclude the civilian witness. The State offered a reckless driving with zero days in jail prior to the Evidentiary Hearing.
DUI REDUCED to Reckless Driving- State v. Mr. V.
(Scottsdale City Court No.: 200312810CR): Mr. V. was stopped for allegedly weaving in and out of his lane. He subsequently stopped and the officer stated he had slurred speech. He also stated he took allergy medication and had two (2) more pills than the recommended dosage. He was subsequently arrested, and a warrant was obtained in order to draw his blood. Although his blood test came back above the legal limit, we were able to convince the prosecutor that any impairment observed was due to allergy medication. An offer to reckless driving was obtained with zero days in jail.
DUI REDUCED to Reckless Driving- State v. Mr. W.
(Carefree City Court No.:20030811CR): Mr. W. was stopped for allegedly almost hitting another vehicle and travelling 60 in a 45 zone. He admitted to two glasses of wine, and then performed field sobriety tests. He subsequently provided a blood test which revealed a .09 BAC. Due to various problems with the Maricopa County Sheriff’s Posseman we were able to have his testimony precluded, and an offer to reckless driving with zero days in jail was extended.
DUI REDUCED to Reckless Driving- State v. Mr. H.
(Tempe City Court No.: 03-651009-2CR): Mr. H. was stopped for allegedly travelling 55 in a 40, and tail gating the vehicle in the front of him. He was under 21 years of age, performed poorly on field sobriety tests and a marijuana pipe was found in his glove box. He subsequently provided a breath sample which was above the legal limit; however he is still under 21 years of age. Due to the facts of the case, we were able to negotiate a plea to a reckless driving with zero days in jail.
DUI REDUCED to Reckless Driving- State v. Ms. T.
(Gilbert City Court No.: 200301084CR):Ms. T. was stopped for allegedly proceeding to make a right, and then slamming on her brakes prior to the turn. She was subsequently stopped for DUI and provided a breath sample which revealed a .120 BAC. Due to the fact that there was no independent sample given to her, and there was a bad calibration check on the breath testing device, we were able to obtain a plea to reckless driving with zero days in jail.
DUI REDUCED to Reckless Driving-State v. Mr. E.
(Scottsdale City Court No.:200216076CR): Mr. E. was stopped for travelling 75 in a 55. He told the officer he drank six (6) beers, and he performed poorly on the field sobriety tests. He also requested to speak to a lawyer prior to the field sobriety tests. Ultimately his blood came back at a .095, on the day of jury trial the state offered a plea to reckless driving with zero days in jail.
DUI REDUCED to Reckless Driving-State v. Mr. B.
(Chandler City Court No.:03-C-2191531CR): Mr. B. was involved in a traffic collision after he had been rear ended in a line of cars. He also admitted to drinking beer at a local bar, and performed poorly on field sobriety tests. Because Mr. B had a natural nystagmus (bouncing of the eyes combined with a BAC which was just above the legal limit), we were able to secure a plea to reckless driving with no days in jail.
DUI REDUCED to Reckless Driving-State v. Mr. F.
(Tempe City Court No.:03-664286-1CR): Mr. F. was found asleep at the wheel of his car and at a red light. He admitted to drinking a rum and coke and that he had rotate cuff several weeks prior and was taking the drug Darvovet for pain. He performed poorly on field sobriety tests, and subsequently provided a .095 breath BAC. Because the blood was not tested for Darvovet, we were able to negotiate a plea to reckless driving with zero days in jail.
OUI REDUCED to Reckless Driving-State v. Ms. H.
(Peoria Justice Court No.:03-01435CR): Ms. H. was stopped for OUI (DUI regarding a boat) and performed poorly on field sobriety tests. Although she provided a preliminary breath test of .227, her ultimate blood test only revealed a .093 BAC. Only one vial of blood was drawn, and a second vial for an independent test. Due to multiple issues, we were able to secure a plea to reckless driving with no days in jail.
DUI REDUCED to Reckless Driving-State v. Mr. B.
(Tempe City Court No.: 03-665885-3CR): Mr. B. was observed making a u-turn at a green light, and then he was ultimately stopped by the officer. A DUI investigation ensued which revealed a .087 breath BAC. Due to the facts that the stop was questionable, and Mr. B had a low BAC, we were able to get the case plead to a reckless driving with zero days in jail.
DUI REDUCED to Reckless Driving-State v. Mr. U.
(Tempe City Court No.:03-667032-3CR): Mr. U. was in a parking lot when he was rear ended by another vehicle. Upon police arriving, they noticed an odor of alcohol, and Mr. U also stated he had been taking Tylenol for chronic back pain. Subsequently he was arrested, and a .127 breath BAC was provided. On the day of trial, the prosecutor made an offer to reduce the DUI to a reckless driving.
DUI REDUCED to Reckless Driving-State v. Mr. S.
(Gilbert City Court No.: 2003-0016792DU): Mr. S. was seen sitting on the ground straddling a left road rear tire. He engine was on and his lights were on. He had just changed his truck tire. He subsequently was investigated for DUI and provided a .0138 breath BAC. Due to issues related to Corpus Delecti and a bad calibration check on the breath testing device, we were able to secure a plea to a reckless driving with no days in jail.
DUI REDUCED to Reckless Driving-State v. Mr. G.
(Gilbert City Court No.: 03-18267DU: Mr. G. was stopped for allegedly failing to use a turn signal and bumping into a curb while in a parking lot. He performed poorly on field sobriety tests, and subsequently provided a .132 breath BAC. We filed a Motion to Dismiss based upon no reasonable suspicion to stop even thought the state responded to the motion in writing, they subsequently offered a reckless driving with no days in jail.
DUI REDUCED to Reckless Driving- State v. Ms. B.
(North Mesa Justice Court- No.:03-04339CR): Ms. B. was stopped for allegedly making a wide right turn. She performed poorly on field sobriety test and was arrested, and subsequently submitted to a blood test which resulted in a .140 BAC. We filed a Motion to Dismiss based upon no reasonable suspicion to stop, and the state offered a plea to a reckless driving charge with a zero days in jail.
DUI REDUCED to Reckless Driving-State v. Mr. D.
(Scottsdale City Court- No.: 200303034-CR): Mr. D. was stopped because police received a call of a vehicle travelling recklessly on the roadway at 3:00 a.m. He was subsequently stopped, and it was discovered that he was under 21 years of age and had been drinking. He subsequently provided a .089 preliminary breath test, yet the actual admissible breath test was below the legal limit. Due to numerous discrepancies in the report, we were able to negotiate a plea to Reckless Driving.
DUI REDUCED to Reckless Driving-State v. Mr. M.
(Maryvale Justice Court- No: 03-04115 CR): Mr. M. had three (3) prior DUIs, and his license in another state was suspended. He was stopped for travelling 78 in a 55. He subsequently performed Field Sobriety Tests, and then provided a breath test which was just below the legal limit. We were able to convince the prosecutor to plead this to a misdemeanor Reckless Driving with no days in jail, saving Mr. M. from facing a minimum of four (4) months in prison for a potential felony DUI.


