Felony Aggravated DUI Dismissals 9

(0071622CR): Mr. P. was cited for an alleged Felony Aggravated DUI and Felony Endangerment after a car accident. We were able to show that the accident was not caused by Mr. P., nor he was impaired while driving. In addition, we were able to show that he possessed a valid license at the time he was driving, therefore, there was no basis for the Felony DUI. All charges were dismissed.

(0071622CR): Mr. P. was cited for an alleged Felony Aggravated DUI and Felony Endangerment after a car accident. We were able to show that the accident was not caused by Mr. P., nor he was impaired while driving. In addition, we were able to show that he possessed a valid license at the time he was driving, therefore, there was no basis for the Felony DUI. All charges were dismissed.

(010141CR): Mr. D. was a student who was stopped by ASU Police and charged with Aggravated DUI. Officers indicated they could smell an odor of marijuana and took Mr. D. to the station for a DUI investigation. After speaking with our attorneys, Mr. D. asked to be released to get an independent chemical test of his blood. The officer denied him that right, and we were able to persuade the Maricopa County Attorney’s Office to not file charges.

(200006811CR): Mr. B. was stopped on the freeway by a DPS Officer for allegedly speeding and was subsequently charged with Aggravated DUI. A blood sample was ultimately obtained, which resulted in a .115 BAC. Due to the insufficiency of the telephonic search warrant, we were able to get the blood test results suppressed. The Maricopa County Attorney’s Office then moved to dismiss all charges against Mr. B.

(200200707CR): Mr. H. was stopped and cited with an alleged Felony DUI. His subsequent blood analysis resulted in a .160 BAC. During the course of the case, the State’s offer was 4.5 years in prison. A defense had arisen based upon the advice given to Mr. H. by his previous Public Defender. On the day of trial, the State moved to dismiss all charges “in the interest of justice.”

(001013312CR): Mr. H. was stopped for a Felony DUI. The police claimed he had a suspended license due to a prior DUI stop in which he had not been convicted. Because of problems with the calibration records, his .145 breath alcohol concentration would not come into evidence. The Maricopa County Attorney’s Office dismissed all charges.

(Maricopa County Superior Court, CR02-00323FE): Mr. R. was stopped for an alleged Felony Endangerment and Felony DUI, due to the fact that his license was suspended at the time of driving. Although the State had filed an allegation of Dangerousness, thereby making the penalty 1.5 years in prison for the Felony Endangerment charge, we were able to get all charges dismissed.

(Maricopa County Superior Court No. CR2003-033448): Mr. Z. had 2 prior DUI’s. He had not had a DUI in over a year when Chandler Police Department showed up and arrested him for a warrant for an alleged aggravated DUI. We were able to show through a double jeopardy motion that once he had plead to his second DUI, jeopardy attached and he could not now be charged with a felony. Subsequently we had the prosecutor file a Motion to Dismiss all charges.