DUI (.144 BAC) DISMISSED due to DENIAL of RIGHT to COUNSEL ISSUE – State v. Mr. B. (DMC No. 11254) (Buckeye City Court CR2012-003769): Mr. B. was seen driving southbound on Sun Dance Parkway approaching La Posada Boulevard in Buckeye, Arizona when it was alleged that he struck the median curb several times. After a Buckeye Police Officer pulled him over, he was put through various Field Sobriety Tests and processed for an alleged DUI. At one point, he told the officer that he had an attorney and wished to make a phone call. Because the officer felt that Mr. B. was “verbally abusive” he told him that he would have to remain quiet for 15 to 20 minutes before he would allow him to make any phone calls. Because he did not stay quiet for more than 5 minutes, he was never allowed to call an attorney. All charges were ultimately dismissed.
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.
EXTREME DUI (.193 BAC) REDUCED to REGULAR DUI with 1 DAY in JAIL – State v. Mr. B. (DMC No. 5098) (Buckeye City Court TR2004-1112): Police were called to a Love’s Truck Stop when it was alleged that Mr. B struck one of the gas pumps with his trailer. Upon contact, they noticed an odor of alcohol and they arrested him for DUI. He provided his first breath test which revealed a .193 BAC, and then he asked to call a lawyer. He spoke to an attorney at our office, and the subsequent breath tests were taken which had a more than a .020 variance in between them. Due to this potential defense, we secured a “non extreme” regular DUI with one day jail offer. Mr. B was originally facing a minimum of 30 days in jail.
REDUCED | EXTREME DUI (.167 BAC) State v. Mr. M. (DMC No. 8970) (Buckeye Magistrate Court TR2008-2373): REDUCED to ENDANGERMENT with 10 DAYS in JAIL – Mr. M. was seen driving erratically and knocking over numerous street signs in the area of I-10 and Miller Road in Buckeye, Arizona. When he was ultimately contacted inside of his house, he smelled of alcohol and was processed for an Extreme DUI. It was discovered that he had a prior DUI (outside of the 7 year mandatory enhancement period), and he produced a breath reading of .167 BAC. Due to various issues regarding proving whether he was the actual driver, we were able to convince the Prosecutor to dismiss the Extreme DUI in exchange for an Endangerment and 10 days in jail. Due to Mr. M.’s prior conviction, along with the manner of his driving, it was quite feasible that the judge would have given him up to 6 months in jail if he would have gone to trial and lost.