Extreme DUI Dismissals 9

(San Marcos Justice Court No. TR05-58160CR): Mr. R. was stopped during an East Valley Holiday DUI Task Force for not moving forward at a green light. He was subsequently arrested and given a blood test which revealed a .163 BAC. Because the State did not comply with Discovery requirements, we were able to move for a dismissal at the pre-trial level. The judge granted our motion and the case was dismissed in its entirety. The State did not re-file charges within the one year statute of limitations; therefore Mr. R. did not have to serve 30 days in jail and does not have any convictions on his record.

(Phoenix Municipal Court No. 3493886CR): Mr. A. was seen by an officer traveling 95 to 100 miles per hour on the I-17. After he was stopped, a moderate odor of alcohol was observed. He was subsequently arrested and provided a .189 blood sample. Before blood was obtained he requested to speak to a lawyer, and the officer did not accommodate that request. We filed a Motion to Dismiss based on a denial of right to counsel. The judge agreed with us and dismissed all charges.

(Scottsdale Municipal Court No. 9811790CR): Ms. D. was involved in a multiple car accident and was subsequently arrested for DUI. She submitted a .190 breath sample. We were able to show that the calibration records for the Intoxilyzer machine were insufficient and the breath test results were suppressed. The Scottsdale City Prosecutor’s Office subsequently dismissed all charges.

(Maricopa County Justice Court No. 0211019CR): Ms. A. was allegedly involved in a car accident and DPS was called to the scene. When they arrived, she was not in her vehicle. She eventually provided a breath sample, which revealed a .195 BAC. We filed a Motion based on “Corpus Delecti” demonstrating that the State could not place Ms. A. behind the wheel, nor could they specify a time of driving. The Maricopa County Attorney’s Office then filed a Motion to Dismiss all charges.

(Scottsdale Municipal Court No. 20030137CR): The Scottsdale City Police received a 911 call claiming that Mr. C. had been driving erratically. He was subsequently stopped and provided a blood test, which revealed a .234 BAC. Mr. C. had asked for an attorney, and the officers did not let him call. We filed a Motion for Denial of Right to Counsel, which was granted by the Judge, and all charges were dismissed.

(Tempe Municipal Court No. 02-576688-2CR): Ms. R. was involved in a traffic accident. Upon contact by the officer, she admitted to drinking and taking Zoloft. She asked the officer, “should I be asking for a lawyer?” and the officer told her, “An attorney can’t help you out here.” She subsequently provided a .246 breath BAC. We filed a Motion to Dismiss for a Denial of Right to Counsel, and the State moved to dismiss all charges prior to the Evidentiary Hearing.

(Glendale Municipal Court No. 2002023865CR): Mr. T. was found sleeping in this case in a parking lot with his keys in the ignition and the lights on, but his engine was off. He told the officer he was “too tired to drive.” Subsequently he provided a .169% breath BAC. The State had witness problems on the day of trial, and subsequently they moved to dismiss all charges.

(Wickenburg Justice Court No. 03-00202CR): Mr. R. was found parked up the side of the roadway, sitting in his car with the keys in the ignition and the motor running. Mr. R. was taken to a police station, where he stated he “wanted a lawyer.” He was never offered a phone book or given the option to call a lawyer. Although he provided a blood sample which resulted in a .308% BAC, we filed a Motion to Dismiss for Denial of Right to Counsel. After an Evidentiary Hearing was held, the judge ruled in our favor and the case was dismissed.

(Chandler Municipal Court No. 03-C-2181951CR): Mr. A. was involved in an alleged hit and run accident. He was subsequently arrested and provided a .195 blood BAC. Due to various identification problems with the case, we were able to convince the prosecutor to dismiss the DUI charge and simply plead Mr. A. to Leaving the Scene of an Accident with zero days in jail.