2nd OFFENSE DUI (refusal) DISMISSED – State v. Mr. S. (DMC No. 8877) (El Mirage City Court CR2009-62): Mr. S. was alleged to have rear ended another vehicle at Grand Avenue and Thompson Ranch Road in El Mirage, Arizona and then fled from the scene. He was found at his house and he appeared to have been drinking. It also appeared that he was drinking while he was inside of his house. When he was arrested and asked to provide chemical tests, he refused. We were able to convince the Prosecutor that they would never be able to prove that he drank before the accident and they agreed to dismiss the DUI. Because Mr. S. had a prior DUI, he was facing potentially 6 months in jail if he would have been convicted of the DUI due to his prior conviction.
2nd OFFENSE DUI (refusal) DISMISSED – State v. Ms. E. (DMC No. 5602) (Apache Junction City Court TR2005-00748): Ms. E. was observed rolling through a stop signal the intersection of Winchester Road and Scenic Street in Apache Junction. When Ms. E. was stopped, she had a 12 pack of been in her car and smelled of alcohol. She was ultimately arrested and taken to the station to be processed for DUI. She told the officer she had a DUI from a year earlier, and she refused to take any tests without first speaking to her lawyer. We were ultimately able to have the case dismissed, and the only charge she was cited for was a Stop Sign violation and a Cancelled License violation. She was originally facing anywhere from 30 days minimum to 6 months maximum in jail.
DISMISSED | 2nd OFFENSE DUI (.115 BAC) DISMISSED due to INDEPENDENT TEST ISSUE – State v. Mr. L. (DMC No. 10483) (Kingman/Cerbat Justice Court TR2011-05827): Mr. L. had been in Laughlin Arizona drinking over the course of several hours when he left to drive back to Kingman. A 911 caller claimed that he was weaving all over the road, and he was subsequently stopped and given a preliminary breath test which revealed a .154 BAC. Once at the station, he requested to speak to us, and he called our Firm. Because he had a prior DUI, we advised him to refuse the test and force the State to obtain a search warrant. Ultimately, a warrant was obtained which revealed a .115 blood test. We also told him to request a private phone call and to be released to obtain his independent blood test at a hospital. He was given no private phone call and was not released. Due to these issues we had all charges dismissed against Mr. L. He was originally facing anywhere from 30 to 120 days in jail.
2ND EXTREME DUI (.188 BAC) REDUCED to REGULAR DUI with 1 DAY JAIL – State v. Mr. G. (DMC No. 5879) (Casa Grande Justice Court TR2000-5989): Mr. G. was seen travelling eastbound on the I-10 weaving very close to other traffic. He was subsequently stopped and was arrested for DUI. He provided a blood test, which revealed a .188 BAC. He had a prior DUI stop in Gilbert, and that case was being fought by our office also. We were able to convince the Prosecutor to ignore the prior arrest, and to also give us a non extreme DUI offer of regular DUI with 1 day in jail.
State v. Ms. K. (University Lakes Justice Court No. TR2006-157020CR): Ms. K. was pulled over because an independent witness called police and claimed she was swerving. When she was stopped, she told officers that somebody must have spiked her drink. She subsequently provided a breath test which revealed a .179 BAC. Due to the fact that we were able to convince the prosecutor that we had a reasonable chance of succeeding at trial based on somebody slipping the client a “mickey,” they reduced the charges from a 2nd offense Extreme DUI (thereby subjecting Ms. K. to 120 days in jail) down to a 1st offense Extreme DUI in which she served only 10 days in jail.-crimes”>click here.
REDUCED | SECOND OFFENSE DUI REDUCED to FIRST OFFENSE REGULAR DUI- State v. Mr. M. – (Chandler Court- No. 2011-P-879920): Mr. C. was originally offered a second offense regular DUI. Mr. C. performed fair on field sobriety test and was arrested, and subsequently submitted to a blood test which yielded a positive metabolite of THC. After filing a Motion to Dismiss for no Reasonable Suspicion for the Stop and No Probable Cause for the Arrest, the State agreed to offer a plea to a first offense regular DUI, with one day of jail.
2nd OFFENSE SUPER EXTREME DUI (.236 BAC) REDUCED to REGULAR DUI with 7 DAYS in JAIL – State v. Ms. F. (DMC No. 11017) (Apache Junction City Court TR2012-01603): Ms. F. was found passed out behind the wheel at the corner of Ocotillo Drive and Apache Trail in Apache Junction Arizona. She was subsequently arrested for DUI and provided a blood sample which revealed a .236 BAC. During the time of her arrest, she made a request to call her attorney (our office) and she reached our answering service. Five minutes later, one of the attorneys at our Firm called back and was not allowed to speak with Ms. F. Our attorney called back several more times, and eventually he was able to relay a message to Ms. F. Due to the fact that Ms. F. had a previous Super Extreme DUI conviction, she was facing a minimum of 6 months in jail. Because of the various issues regarding interference to Right of Counsel, we secured an offer to a 1st Offense Regular DUI which included only 7 days of actual jail time.
2nd OFFENSE SUPER EXTREME DUI (.257 BAC) REDUCED to 1st OFFENSE DUI with 10 DAYS in JAIL – State v. Mr. S. (DMC No. 5044) (Carefree/Cave Creek Consolidated City Court TR2004-0639): Police were dispatched to Cave Creek and Westland Roads in Cave Creek, Arizona regarding a possible injured motorist. When they arrived, they observed Mr. S. behind the wheel of his car with his hands on the steering wheel and a cut above his eye. The keys were in the ignition however, the engine was off. He also had a bottle of Vodka next to him. He was ultimately arrested and charged with DUI and was found to have had two prior DUI’s (with one within the preceding 5 years). We were able to argue that there was an Actual Physical Control (APC) and Corpus issue which would potentially get the case dismissed at trial. The State agreed to dismiss the allegation of prior, and reduce the Super Extreme DUI down to a 1st offense DUI with only 10 days in jail. Mr. S. was facing a mandatory minimum of 180 days in jail if he were to have been convicted.
(Glendale Municipal Court No. TR06-14755CR): After Ms. B. was involved in a traffic collision, detectives met with her and discovered she had a prior allegeable DUI. They also detected an odor of alcohol and she subsequently provided a .208 breath sample. Although she was facing a potential second offense Super Extreme DUI with 180 days in jail, we were able to negotiate a first offense non-extreme DUI with 52 days in jail – thereby avoiding an additional 4 months in custody.
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