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Category Archives: Apache Junction City Court Victories

NOT CHARGED/DISMISSED | VEHICLUAR MANSLAUGHTER /DUI DRUGS (Marijuana)  – State v. Mr. C. (DMC No. 10610) (Apache Junction City Court TR20120026): A motorcyclist had been involved in a minor collision at Broadway Road & Meridian Road in Apache Junction. The motorcyclist then wandered around the car as Mr. C.’s car came up and struck and killed him.  Although no impairment was observed, the police ordered a blood draw from Mr. C., which revealed the presence of marijuana.  We filed a Motion to Suppress the blood draw, which was granted and the DUI drugs charge was dismissed.  We also were able to convince the prosecutors not to file charges for manslaughter as Mr. C. was not at fault for striking the motorcyclist.  No charges for manslaughter were ever brought.

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.

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.

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