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Category Archives: Apache Junction Justice Court Victories

Not Guilty / Complete Acquittal at Jury Trial – DUI Drugs (Clonazepam), DUI (BAC .061) and Hit & Run – State v. Mr. B (DMC No. 15800) – Jul 16, 2019 – Apache Junction Justice Court (Case No. TR2018-00719): Mr. B had been driving in the area of Hunt Highway and Mountain Vista Blvd.  He was cut off by another vehicle and side swiped the guard rail. He continued driving home, and was very shaken up by the whole incident.  Once he got home, he had a glass of wine and took some of his medication for anxiety.  Later on that day, Officers arrived and accused him of Hit & Run, and put him through various field sobriety tests.  He was ultimately arrested and taken down to the station.

While down at the station he provided a blood sample which showed his Blood Alcohol Concentration to be a .061, and the anti-anxiety drug of Clonazepam was also found in his system.  Both the police and the prosecutors did not believe that the alcohol and medication were consumed after he got home.  In addition, they told Mr. B it was his duty to report the fact that he had struck a guard rail.  At Jury Trial, Mr. B testified as to what had really occurred and the Jury believed him. The State only tried to claim that he must be untruthful, because they thought it was beyond the realm of possibility that he actually drank some wine and took medication when he was home and not driving.  Of course, the Jury saw that the State’s arguments were ridiculous, and he was found Not Guilty of all charges, including the Hit & Run.

ENDANGERMENT/ASSAULT DISMISSED – State v. Mr. C. (DMC No. 6627) (Apache Junction Justice Court DV2006-0118): Mr. C. had received a call from ex-wife which had upset him.  He then sat down with his new wife, and three children, and began yelling at all of them.  She became scared and called police.  He was eventually arrested and cited for endangerment and assault.  We were able to show that he never actually touched anyone, nor would was there any real danger of anyone being harmed.  The Prosecution agreed to dismiss charges in exchange for Mr. C. attending classes per a “diversion” agreement.

 

DISMISSED | DUI – State v. Mr. D. (DMC No. 7172) (Apache Junction Justice Court No. TR06-0019): Mr. D was seen by an officer travelling at a high rate of speed, when he suddenly hit his brakes and did a squealing tire U-Turn. He came to a stop in the middle of the road and the officer contacted him. He later arrested Mr. D for Reckless Driving and DUI Drugs (Suspected Stimulants). During the course of the case, the Pinal County Attorney’s Office violated Mr. D’s Speedy Trial Rights; we filed a Motion to Dismiss due to a Rule 8 Violation. The court granted our motion, and all charges have been dismissed.

DUI (.144 BAC) DISMISSED – State v. Mr. S. (DMC No. 8944) (Apache Junction City Court TR2009-00598): Police were called to Mr. S.’s residence regarding allegations that he backed his truck out of his driveway and struck another vehicle.  When they arrived, they observed symptoms of alcohol intoxication and they arrested him for DUI.  Mr. S. requested to have his attorney present prior to his blood test (which was denied), and he also said that he drank a beer while he was waiting for the police to arrive.  Due to these issues, the DUI was dismissed by the Prosecutor.

REDUCED | DUI (.069 BAC) State v. Mr. C. (DMC No. 10980) (Apache Junction City Court TR2012-01738): REDUCED to SPEEDING TICKET –  Mr. C. was stopped near the intersection of Meridian Drive and Apache Trail in Apache Junction for allegedly speeding.  He was subsequently administered various DUI tests and arrested.  Although the officer alleged that Mr. C. performed horribly on field sobriety tests, and produced a .099 on a preliminary breath test, his blood alcohol reading came back as .069.  We were able to show the Prosecutor the discrepancy between the low reading and the officer’s supposed observations, and they agreed to reduce the DUI to a simple Speeding ticket.

DISMISSED | Transportation of Marijuana for Sale, State v. Mr. P. (DMC No. 3712) (2003032789CR): Mr. P. was accused of sending 8 pounds of marijuana through the U.S. Mail. We were able to demonstrate that the State would have a very difficult time proving it was Mr. P. who actually mailed the marijuana. In addition, there were no fingerprints or admissions tying him to this crime. We were able to negotiate a deal which included taking some classes in exchange for a dismissal of all charges.

REDUCED | Transportation and Possession of Cocaine for Sale, State v. Mr. F. (2002253CR): Mr. F. was stopped in Apache County with 11 kilograms (more than 27 pounds) of cocaine inside his vehicle. We were able to show that he had requested an attorney at the time of the stop and the police denied his right to counsel. Because all his statements were being suppressed, we were able to get the State to offer a probation deal with no jail.

DISMISSED AT BENCH TRIAL | ASSAULT/CRIMINAL DAMAGE/DISORDERLY CONDUCT State vs. Mr. B. (DMC No. 10031) (Apache Junction Justice Court No. 2010-0207): Mr. B. was in the process of filing for divorce against his wife who was constantly accusing him of cheating on her.  She attacked him several times during the course of one night and scratched his face.  He then physically pushed her in order to defend himself.  During the course of this altercation, his cell phone was damaged.  Mr. B.’s ex-wife waited until the next day to report the incident to the police while at a friend’s house.  On the day scheduled for Bench Trial, we explained all factors to the prosecutor involving self defense, and they moved to Dismiss the case at that time.

REDUCED | DRIVING ON A SUSPENDED LICENSE  – State vs. Mr. G. (DMC No. 10065) (Apache Junction Justice Court No. TR2010-06331): Mr. G. was stopped for a minor traffic violation and it was discovered his license was suspended.  He told police that his license was not suspended and there was a mistake at the DMV.  Because Mr. G. would lose his license another year should he be convicted of driving on a suspended license, he was facing a serious penalty.  We were able to convince the prosecutor that it would serve the greater interest to reduce this to a charge of Unsworn Falsification (ARS 13-2704 A1), which would not result in Mr. G.’s license being suspended.  He was able to keep his job which required a valid license.

REDUCED to RECKLESS DRIVING with ZERO DAYS in JAIL | DUI (.082 BAC) – State v. Ms. M. (DMC No. 5048) (Avondale City Court TR2004-01954):  Ms. M. was seen driving at 119th Avenue and Indian School Road in Avondale, Arizona when it was alleged she was weaving outside her lane.  She was pulled over, and her and her passenger both had an odor of alcohol.  After being administered field sobriety tests, she was arrested and taken to the station where she was given a breath test.  Her breath reading was a .082.  We were able to show the Prosecutor that her passenger had distracted her while driving, and that she was not impaired by alcohol (even though she was above the legal limit).  The Prosecutor agreed to dismiss the DUI in exchange for a plea to a Reckless Driving with zero days in jail.

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