(North Mesa Justice Court- No.:03-04339CR): Ms. B. was stopped for allegedly making a wide right turn. She performed poorly on field sobriety test and was arrested, and subsequently submitted to a blood test which resulted in a .140 BAC. We filed a Motion to Dismiss based upon no reasonable suspicion to stop, and the state offered a plea to a reckless driving charge with a zero days in jail.
REDUCED | DUI (.140 BAC) (032069291CR): Ms. R. came up on a red light and slowed to approximately 3 miles per hour when she bumped into the car in front of her. She was subsequently cited for DUI and provided a blood sample which revealed a .140 BAC. Ms. R. asked the police if she could talk to her attorney or a friend of hers who was a police officer. They allowed her to talk to the police officer (who told her to submit to a blood test), but they did not allow her to talk to an attorney. We filed a Motion to Suppress based upon Denial of Right to Counsel and the reading was thrown out. Subsequently, she was offered a plea to Reckless Driving with zero days in jail.
REDUCED | DUI (.138 BAC) (Gilbert City Court No.: 2003-0016792DU): Mr. S. was seen sitting on the ground straddling a left road rear tire. He engine was on and his lights were on. He had just changed his truck tire. He subsequently was investigated for DUI and provided a .138 breath BAC. Due to issues related to Corpus Delecti and a bad calibration check on the breath testing device, we were able to secure a plea to a reckless driving with no days in jail.
REDUCED | DUI (.138 BAC) State v. Mr. G. (DMC No. 5871) (Buckeye City Court TR2005-1689): REDUCED to RECKLESS with ZERO DAYS JAIL – Mr. G. was seen driving a 3:48 in the morning when his tires cross the yellow line into the median. The officers pulled him over, subsequently arrested him for DUI and he produced a .138 BAC breath reading. Because of the various issues with the breath testing device, we were able to convince the Prosecutor to reduce the DUI down to a simple “reckless driving” with zero days jail and a small fine.
(0215314CR): Mr. J. was stopped while driving with his wife after a Christmas party. He was suffering from bronchitis at the time, and was able to provide three attempted breath tests, with the highest reading being .135. He was subsequently arrested and asked if he could contact his attorney. Because the officer denied his request, we were able to file a Motion Based on Denial of Right to Counsel and have the Maricopa County Attorney’s Office reduce the case to Reckless Driving with no jail.
REDUCED | DUI (.132 BAC) (Gilbert City Court No.: 03-18267DU): Mr. G. was stopped for allegedly failing to use a turn signal and bumping into a curb while in a parking lot. He performed poorly on field sobriety tests, and subsequently provided a .132 breath BAC. We filed a Motion to Dismiss based upon no reasonable suspicion to stop even thought the state responded to the motion in writing, they subsequently offered a reckless driving with no days in jail.
REDUCED | DUI (.130 BAC) (Chandler Municipal Court No. 06-X-1736252A): Mr. W. was stopped pulling out of Sonny’s Gentleman’s Club during an East Valley DUI Task Force. He was subsequently arrested for DUI and provided a blood test of a .130 BAC. We were able to show that the police lacked reasonable suspicion to stop Mr. W. while pulling from a private drive to a public roadway. Due to the threat of that Motion to Dismiss, the prosecutor offered a plea to Reckless Driving with zero days in jail.
FAILURE to CHECK ID at BAR DISMISSED – State v. Mr. H (DMC No. 7688) (Tempe City Court No. 07-016687): Tempe Police Officers were conducting a liquor check at the Vine Bar near ASU. When they walked through the bar, they saw an ASU student who appeared to be too young to drink and who was holding alcohol. They asked him how he got inside and purchased alcohol, and he said he walked in on the bar patio where there was no bouncer. He also went up to the bar and ordered without them asking for his ID. Police then contacted Mr. H (the Manager) and asked him what happened. He stated that Security must have gone and cleaned the parking lot and left the patio unattended. They then cited Mr. H for Failure to Check Identification at a Liquor Establishment pursuant to Arizona Revised Statute ARS 4-241A. We explained the situation to the Tempe City Prosecutor’s Office, and they agreed to dismiss all charges if Mr. H took classes regarding liquor control.
REDUCED | DUI (.127 BAC) (Tempe City Court No.:03-667032-3CR): Mr. U. was in a parking lot when he was rear ended by another vehicle. Upon police arriving, they noticed an odor of alcohol, and Mr. U also stated he had been taking Tylenol for chronic back pain. Subsequently he was arrested, and a .127 breath BAC was provided. On the day of trial, the prosecutor made an offer to reduce the DUI to a reckless driving.
(200227411CR): Mr. S. was stopped by Scottsdale Police for a minor traffic violation. A DUI investigation took place in which Mr. S. asked to call his lawyer. The police allowed him to use his cell phone in the car, but the call did not go through. When he asked to use another phone, the police denied his request. Even though his blood results were .126 BAC, based on our Motion to Dismiss for Denial of Right to Counsel, the Scottsdale City Prosecutor’s Office offered a Reckless Driving with zero days in jail.