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State v. Ms. P (DMC No. 11846)

DISMISSED | ARSON/RECKLESS BURNING – State v. Ms. P. (DMC No. 11846) (Tempe City Court 13-008832): Police received a call that some trash was burning in a trash can in the bathroom of the Tailgate Sports Bar on Broadway Road in Tempe.  One of the bartenders indicated that she thought it was Ms. P. that set the fire.  Officer’s pulled Ms. P. over with her boyfriend down the road and then they arrested him for a DUI.

We were able to have that DUI dismissed due to the officer being untruthful (he was eventually terminated).  After he was fired, Ms. P. was then charged (many months later).  We were able to argue that this was a potentially vindictive prosecution, along with the filing of a “Corpus Delicti” Motion, and the entire case was dismissed.

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