State v. Ms. H (DMC No. 17113) – (2 Counts) Felony Vehicular Aggravated Assault (.154 BAC) Dangerous (Broken Clavicle, Pelvis, and Surgery) – Reduced to Class 6/Open/Misdemeanor Endangerment and Probation (with Zero Actual Days in Jail) – Maricopa County Superior Court (Case No. CR2019-001815)
Ms. H was a Ph.D. student in astrophysics at Arizona State University. She had severe depression, and would self-medicate with alcohol. One night, while driving, she was involved in a traffic accident which injured two other individuals. One of them had a broken clavicle, and the other one had a broken pelvis which required surgery. Her Blood Alcohol Content came back at .154.
She was initially Charged with a Misdemeanor, but her previous Counsel failed to file a Notice of Appearance and a Warrant was issued for her Arrest. After she hired a second Attorney and the Motion to Quash the Warrant was filed. Before she could Plea to a Misdemeanor, she was Indicted with 2 counts of Felony Aggravated Assault (Dangerous), which now exposed her to potentially 5 to 30 years in Prison. It was at that time that she secured the services of DM Cantor.
We immediately performed an Accident Reconstruction in order to determine the actual cause of the accident. In addition, we secured all of the blood testing records in order to challenge Ms. H’s BAC. Next, we immediately go her into Treatment and had a Neurological Psych Evaluation conducted on her. It was at this time, she was diagnosed with Depression and potentially Bipolar Disorder. She was then treated with ketamine, which had a profound effect on her mental health.
After a Settlement Conference was held, the prosecutor agreed to extend an offer to a Class 6 Open/Misdemeanor which would include 1 year in Jail. Because COVID-19 restrictions had started, her Sentencing was pushed out for over a year. At that time, she completed her Ph.D. and secured employment with NASA. At Sentencing, we convinced the Judge to lift the restriction of one year in Jail, and the Judge agreed. Ms. H did Not Spend any Time in Custody, successfully Completed Probation, and is living a healthy and productive life.
