Felony Aggravated DUI Pre-Charge Victories 6

(DMC No. 7077) (Phoenix Police Department): Mr. M. was stopped for an alleged DUI and cited in the Phoenix City Court. It was discovered by the City prosecutor that Mr. M. had a prior DUI, and he also had children in the car who were under 12 years of age. They decided to dismiss charges and route it to the County Attorney’s Office for felony DUI prosecution. We were able to show the County Attorney that although Mr. M. had left the scene of a minor traffic accident, he did not know there was actually any damage. We also showed that when he was arrested for possible DUI, they did not have enough probable cause for the arrest, even though he later provided a breath test of a .110. Although Mr. M was originally facing prison, we prevented any charges from being filed against him.

(DMC No. 7088) (Chandler Police Department): Mr. W. had 3 prior DUI’s, including a prior felony DUI in which he had spent a year in prison. He was pulled over for allegedly turning wide and not having his taillights on. He admitted to drinking and was given Field Sobriety Tests, which he performed very well. He subsequently had his blood drawn, which came back below the legal limit. Although Mr. W. was facing 3 to 6 years in prison, we were able to convince the prosecutors that they had no chance at beating us at trial, and they chose not to charge Mr. W. with Aggravated DUI.

(DMC No. 3787) (Glendale Police Department): Ms. R. was driving when she was involved in a rear-end collision and knocked unconscious. Her children were in the vehicle with her and were under 15 years of age, which made this an Aggravated (felony) DUI. The police determined that she was under the influence of prescription drugs, and they attempted to get her to sign a consent form for them to draw her blood. She would not do so. The hospital drew blood for medical purposes, and gave a vial to the police at the officer’s request. Due to potential issues with the manner in which the police obtained her blood sample, the prosecutor chose not to file charges.

(DMC No. 4245) (Chandler Justice Court): Mr. C. had a prior DUI approximately 4 years prior to being stopped for this DUI. He failed to appear in Court and a warrant was issued for his arrest, which had suspended his driver’s license. When he was pulled over for this DUI, it became designated as an Aggravated (felony) DUI due to his license suspension. He told the officers he’d only had 3 beers, and they drew his blood. Because of his body weight and the amount of alcohol he’d consumed, we were able to inform the prosecutor that his BAC would be below the legal limit. In addition, we had a good argument as to whether he knew that his license was suspended. Based on this, the Maricopa County Attorney’s Office choose to dismiss the case and not submit it for felony charges. This saved Mr. C. from facing 4 months in prison.

(DMC No. 4116) (Salt River Police Department): Mr. S. was at a drive-in movie theater on the Salt River Indian Reservation, and had been stopped as he was leaving the property after an individual reported that he had thrown a beer bottle out of his car while he was driving. Upon contact with police, he admitted to drinking and performed Field Sobriety Tests. He ultimately provided 2 breath tests (.186 and .161) that were not within 0.20% of each other as required by statute. He also had 3 children in the car who were under 15 years of age, which made this case a felony. Due to the fact that we were able to convince the prosecutor that the breath test results would be suppressed, a decision was made that no charges would be filed.

FELONY AGGRAVATED DUI NOT CHARGED – State v. Mr. A. (DMC No. 3954) (Phoenix Police Department): Mr. A. was stopped for an alleged traffic violation and officers indicated that his license was revoked because of a prior DUI. Blood was drawn, which eventually revealed a .090% BAC. Mr. A. was subsequently cited for Aggravated (felony) DUI and was facing 4 months in prison. We were able to convince the prosecutor that Mr. A. had a valid Arizona license because he obtained it after he left the state of New Mexico without knowledge that his New Mexico license had been revoked. We convince the prosecutor not to bring any charges against Mr. A.