Extreme DUI's Reduced 35

EXTREME DUI REDUCED to Regular DUI – State v. Mr. G. (DMC No. 7125) ( Phoenix City Court No. 3576784): Police responded to the call of a non-injury accident involving 2 vehicles. When they arrived, Mr. G was outside of his vehicle in the parking lot. The officers noticed that Mr. G smelled of alcohol and they arrested him for DUI. At the station he provided a .182 breath alcohol reading. He also stated “at what point should I Lawyer-up?”, and the officer’s did not clarify whether he wished to speak to counsel. Due to a potential Denial of Right to Counsel issue, we were able to secure a Regular DUI with only 1 day in jail.

EXTREME DUI REDUCED to Regular DUI – State v. Mr. M. (DMC No. 7164) (University Lakes Justice Court No. TR2007-101101): Mr. M. was stopped for allegedly travelling 90mph on Baseline and Elliot Roads. After he was arrested, he provided a Breath Alcohol Content of .166. What was unusual about this case is that the stop occurred on Dec. 24th, but the report was not written until Jan. 7th. In addition, Mr. M spoke primarily Spanish, yet the DMV paperwork was read to him in English. We were able to convince the Prosecutor to offer a Regular DUI with 1 day in jail instead of a potential 30 days in jail.

EXTREME DUI REDUCED to Regular DUI – State v. Mr. S. (DMC No. 7182) (Phoenix City Court No. 13382953): A Phoenix Police Officer alleged that Mr. S had made a left-turn in front of another vehicle. Mr. S disputed this, yet he acknowledged having several drinks. He was ultimately arrested and taken to the station where he provided a .177 breath test. Due to the issue regarding whether Mr. S had really cut anyone off, there was a potential No Reasonable Suspicion to Stop motion which could be filed. The Prosecutor relented and offered a Regular DUI with only 2 days in jail.

EXTREME DUI REDUCED to Regular DUI – State v. Ms. M. (DMC No. 7185) (North Valley Justice Court No. TR2007-117531): Ms. M was observed travelling westbound on the 101 Freeway and allegedly weaving between her lane and another. She was subsequently stopped and arrested for DUI. She refused to provide a blood sample and a Search Warrant was obtained. When blood was drawn, it revealed a .170 Blood Alcohol Content. Because of possible issues with No Reasonable Suspicion to Stop, we were able to secure an offer to a Regular DUI with 1 day in jail instead of a potential 30.

EXTREME DUI REDUCED to Regular DUI –State v. Mr. K. (DMC No. 7221) ( Phoenix City Court No. 3636999): Mr. K was allegedly observed travelling 100mph down the I-17. After he was stopped, he was arrested for an alleged DUI and he provided a .166 Breath Alcohol Concentration. We were able to convince the Prosecutor there were potential issues with the breath test reading, and they agreed to offer a non-Extreme DUI.

EXTREME DUI REDUCED to Misdemeanor Endangerment – State v. Mr. D. (DMC No. 7226) (Glendale City Court No. TR2007-000596): Police received a call of impaired persons inside a car at a gas station. When police arrived, they saw the vehicle exiting the parking lot and they stopped Mr. D. He was subsequently given a breath test which revealed a .212 Breath Alcohol Concentration. Even though Mr. D had a prior Reckless Driving within the previous 2 years, due to the fact that the stop was questionable and the potential Denial of Right to Counsel issue, we had the case reduced to a non-DUI charge of Misdemeanor Endangerment.

EXTREME DUI REDUCED to Regular DUI – State v. Mr. S. (DMC No. 7229) (Gilbert City Court No. 07-TR-0229DU): Mr. S was observed weaving within his lane when he was stopped by a Phoenix Police Officer in Gilbert who was part of the East Valley DUI Task Force. Mr. S performed fairly well on Field Sobriety Tests, but he was arrested anyway. He subsequently provided a Breath Alcohol Concentration of .162. Due to issues with the breath testing device, coupled with his good performance on Field Sobriety Tests, we were able to secure an offer to Regular DUI and 3 days in jail.

EXTREME DUI REDUCED to Regular DUI – State v. Mr. N. (DMC No. 7230) (Tempe City Court No. 07-981603): Police were called because it was alleged that Mr. N drove his vehicle towards a girl’s vehicle. Her fiancé then became upset and the 2 exchanged words. Even though Mr. N stated that he was merely “kidding around”, the 2 men got into a fight. Once police arrived, they arrested Mr. N and took him to the station where he provided a .177 Breath Alcohol Content. Due to various witness issues we were able to convince the Prosecutor to extend an offer to a Regular DUI with 2 days in jail.

EXTREME DUI REDUCED to Reckless Driving – State v. Mr. M. (DMC No. 7233) (Tempe City Court No. 07-979202): Police were called to the scene of an accident in which it was alleged that Mr. M had struck 2 parked vehicles in a parking lot. When they arrived, Mr. M. was outside of the vehicle and would not make any statements. He subsequently was arrested and taken to the station where he provided a .175 Breath Alcohol Content. Because of problems with Independent Witnesses being able to identify client as the driver, we were able to secure an offer to a Reckless Driving.

EXTREME DUI REDUCED to a Regular DUI – State v. Mr. J. (DMC No. 7236) (Scottsdale City Court No. TR2006-030767): Mr. J was observed travelling 56 in a 40mph zone. He was subsequently stopped and denied drinking alcohol. After he was arrested and taken to the station, blood draw was conducted which revealed .177 Blood Alcohol Content. Due to the fact that the inner box of the blood kit was not properly marked with the client’s name or the Police Report number, we were able to secure an offer to a Regular DUI with only 5 days in jail.

EXTREME DUI REDUCED to Regular DUI – State v. Mr. B (DMC No. 7283) (North Valley Justice Court No. TR2007-1277140): Mr. B was observed stopped in the middle of the road on Happy Valley Rd. The officer honked his horn and had Mr. B pull off the roadway. He subsequently noticed that Mr. B had been drinking, and he arrested him for DUI. Once at the station Mr. B provided a .176 breath alcohol reading. Because Mr. B was a student and the Extreme DUI would have such negative consequences, we were able to convince the Deputy County Attorney to offer a Regular DUI.

EXTREME DUI REDUCED to Regular DUI – State v. Mr. W. (DMC No. 7284) (Chandler City Court No. 07-C-2918892): Mr. W was stopped for driving without his taillights on. Once he was stopped, they asked if he had been drinking and he stated “probably too much to be driving”. He subsequently was arrested and taken to the station which he provided a .187 Blood Alcohol Content. Because Mr. W is an Airline Pilot and an Extreme DUI Conviction would have harsh consequences on his ability to earn a living, we were able to secure a deviation offer from the Prosecutor to a Regular DUI.

EXTREME DUI REDUCED to Regular DUI – State v. Ms. N. (DMC No. 7290) (Chandler City Court No. 07-C-2968751): Ms. N. was observed making a wide left turn by an officer in Chandler. She was subsequently and provided a Preliminary Breath Test of .167. Because of issues regarding a potential of No Reasonable Suspicion to Stop, and the fact she kept her leg up all 30 seconds on the one-leg-stand, we were able to convince the Prosecutor to offer a Regular DUI with 1 day in jail instead of an Extreme DUI with 30 days in jail.

EXTREME DUI REDUCED to Regular DUI – State v. Mr. P. (DMC No. 7305) (Wickenburg City Court No. TR2007-0495): A police officer was contacted by a citizen in a Basha’s parking lot, who claimed they saw Mr. P driving impaired. The officer observed Mr. P enter his vehicle and then pull out of the parking lot. He was subsequently stopped and arrested for a DUI which revealed a .182 breath alcohol reading. We were able to show that this neutral “civilian witness” was actually the daughter of the woman that Mr. P had been dating. She apparently had a grudge against Mr. P. In addition, there were issues with finding the video tape of the stop that the officer should have maintained with his patrol car. We were able to convince the Prosecutor’s to offer a regular DUI and 1 day in jail instead of an Extreme with possibly 30 days in jail.

EXTREME DUI REDUCED to Regular DUI – State v. Mr. S. (DMC No. 7306) (University Lakes Justice Court No. TR2007-124818): Mr. S was pulled over making a wide turn from University to Rural Rd. in Tempe. Because this was during the East Valley DUI Task Force, he was subsequently arrested for DUI and transferred to the Gilbert Command Center. He initially refused to take a breath test, and a warrant was obtained and his blood was drawn. His blood result revealed a .157 and he was cited for Extreme DUI. Due to the issues with the blood test which could allow us to show it was below the Extreme DUI limit, we received an offer to a regular DUI and 1 day in jail instead of a potential 30.

State v. Ms. K. (University Lakes Justice Court No. TR2006-157020CR): Ms. K. was pulled over because an independent witness called police and claimed she was swerving. When she was stopped, she told officers that somebody must have spiked her drink. She subsequently provided a breath test which revealed a .179 BAC. Due to the fact that we were able to convince the prosecutor that we had a reasonable chance of succeeding at trial based on somebody slipping the client a “mickey,” they reduced the charges from a 2nd offense Extreme DUI (thereby subjecting Ms. K. to 120 days in jail) down to a 1st offense Extreme DUI in which she served only 10 days in jail.

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(Tempe Municipal Court No. 06-963577-3CR): The officer claims Mr. S. made numerous wide right turns before stopping in a Taco Bell parking lot. The officer claimed he detected an odor of alcohol and that Mr. S. admitted to drinking a few beers. After he was arrested, he provided a breath test of a .164. Due to the possible issues regarding no reasonable suspicion to stop, we were able to secure a dismissal of the Extreme DUI with an offer to a regular DUI and 2 days in jail instead of 30 days.

(Casa Grande Justice Court No. TR200604037CR): Mr. L. was seen weaving on the roadway while being followed by an officer. Once the officer activated his lights, he claimed Mr. L. traveled for a mile before pulling over. Once Mr. L. was arrested, he provided a breath test of a .166. Due to possible issues with the breath testing device, we were able to secure an offer in which the Extreme DUI was dismissed, and Mr. L. was offered a regular DUI with 1 day in jail instead of 30 days in jail.

(Glendale Municipal Court No. TR2007-000221CR): Mr. A. was stopped for traveling 63 in a 45 mph zone. He subsequently was arrested and transported to the station where he provided a breath test above the legal limit. Due to the fact that Mr. A. refused to answer any questions, combined with the issues regarding the breath test, we were able to get the Extreme DUI dismissed in exchange for a first offense DUI with 3 days in jail instead of 30.

(Phoenix Municipal Court No. 13608365CR): Mr. L. A. was pulled over by Phoenix Police for allegedly weaving all over the road. After he was stopped and arrested he was taken to the station where he requested to call an attorney. He was provided with no private phone call, and therefore, we filed a motion based on denial of right to counsel. In addition, there was a possible “coerced” breath test issue. Even though Mr. L. was a .165 BAC, we were able to get the Extreme DUI dismissed in exchange for a regular DUI plea which included 1 day in jail instead of 30.

(Scottsdale Municipal Court No. TR-2007003237CR): Mr. T. was contacted by police after a civilian witness called in claiming he was weaving all over the road. When police arrived, Mr. T. was asleep behind the wheel at a green light. Although Mr. T. provided a BAC reading above the .150 Extreme limit, we were able to negotiate a plea to a regular DUI for 3 days in jail instead of 30 days.

(University Lakes Justice Court No. TR-2006168309CR): Mr. S. was seen traveling on the U.S. 60 with a license plate did not have the “month” tab on the registration. It was later determined that the registration was expired and Mr. S. was pulled over. After he was arrested, he provided a .152 breath test. We convinced the prosecutor to dismiss the Extreme DUI and offer Mr. S. a regular DUI with 1 day in jail instead of 30.

(Scottsdale Municipal Court No. TR2007001528CR): Ms. W. was observed on New Year’s morning traveling 58 mph in a 45 mph zone. She was subsequently stopped and told officers she had just woken up and was on her way to pick up her 15 year old daughter. When she was arrested she asked to call a lawyer prior to her blood draw. The blood result came back at .191. we filed a Motion based on Denial of Right to Counsel, and before the Evidentiary Hearing the prosecutor dismissed the Extreme DUI and offered a plea to a first offense DUI which included 7 days in jail instead of 30.

(Glendale Municipal Court No. TR06-14755CR): After Ms. B. was involved in a traffic collision, detectives met with her and discovered she had a prior allegeable DUI. They also detected an odor of alcohol and she subsequently provided a .208 breath sample. Although she was facing a potential second offense Super Extreme DUI with 180 days in jail, we were able to negotiate a first offense non-extreme DUI with 52 days in jail – thereby avoiding an additional 4 months in custody.

(Peoria Municipal Court No. TR2006010618CR): Mr. H. was caught on radar traveling 54 mph along 107th Ave. After he was stopped an odor of alcohol was detected, and he was arrested and provided a blood sample which revealed a BAC of .169. We were able to convince the prosecutor to dismiss the Extreme DUI and offer a regular DUI which involved 6 days in jail instead of 30.

(Scottsdale Municipal Court No. TR2006-033887CR): Ms. N. was stopped during a holiday DUI Task Force for making a wide right turn. She subsequently was arrested and provided a blood sample of .173. We were able to convince the prosecutor to dismiss the Extreme DUI and provide an offer to a regular DUI which involved 5 days in jail instead of 30.

(Chandler Municipal Court No. 2007-C-2909512CR): Mr. J. was stopped for traveling on Warner Road with only his parking lights illuminated at night. Upon contact, the officer performed Field Sobriety Tests and arrested Mr. J. He subsequently provided blood, which revealed a .159 BAC. We were able to convince the prosecutor to dismiss the Extreme DUI and offer only a regular DUI which involved 1 day in jail instead of 30.

(Cave Creek Municipal Court No. 2006-1085CR): Mr. T. was traveling in his pickup truck on Cave Creek Road when an officer stopped him for allegedly weaving. He was subsequently arrested and provided a blood sample of .162. We were able to negotiate to have the Extreme DUI dismissed, and Mr. T. plead to a regular DUI with involved only 2 days in jail instead of 30.

(Mesa Municipal Court No. 2007006966CR): Mr. M. was at a Jack in the Box drive through when he struck a pole at a low speed. He then backed up his vehicle and parked. When the police arrived, they stated he was in “actual physical control” of his vehicle, and arrested him for Extreme DUI. He provided a .169 blood alcohol reading. We were able to raise the issue that the State would have trouble putting Mr. M. behind the wheel “at the time of driving,” and they agreed to dismiss the Extreme DUI in exchange for a plea to a regular DUI in which Mr. M. did 1 day in jail instead 30.

(Scottsdale Municipal Court No. 2006029430CR): Mr. F. was involved in a traffic collision in which his tires blew. He was subsequently arrested for DUI at the hospital and provided a blood test of .168. we brought issues to the prosecutor’s attention that there was a possible Miranda violation at the hospital, and the officer had mentioned in his report that he thought perhaps the passenger was driving the car rather than Mr. F. We subsequently received an offer in which the Extreme DUI was dismissed, and Mr. F. plead to a regular DUI which included 5 days in jail instead of 30 days in jail.

(Goodyear Municipal Court No. 200601467CR): Mr. M. was in the military and was residing at Luke Air Force Base. He was pulled over by an officer for allegedly making a wide turn, not having the proper height on mud flaps, and no license plate light. Subsequently he was arrested and provided a blood sample of .196. Through negotiations with the prosecution, we explained that a motion for no reasonable suspicion to stop would be filed, and they agreed to dismiss the Extreme DUI and reduce it to a regular DUI in which Mr. M. served only 10 days in jail instead of 30. He was also allowed to do his counseling and treatment on the Air Force base.

(Tempe City Court- No.: 01-508523-1CR): Tempe City Officer was dispatched to a report of a Jeep lying upside down on a roadway. When he arrived, there were two individuals seated in front of the vehicle. Mr. M. admitted to driving and asked to call his lawyer in Flagstaff. Because of issues regarding potential denial of right to counsel, and issues regarding the officer submitting to a defense interview, the case was plead down to a reckless even though there was an accident and Mr. M.’s blood BAC was a .225.

(Glendale City Court-No.:2003-019729CR): Ms. C. was stopped for making a wide right turn and allegedly traveling 50 in a 25 zone. Upon contact, Ms. C. admitted to drinking, and stated she could not do well on field tests because she was “old and fat”. A search warrant was obtained and her blood was drawn. Because of a low BAC, and potential injuries regarding her injured knees and the stop itself, we were able to negotiate a plea to reckless driving and no jail.