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Category Archives: Carefree / Cave Creek Consolidated City Court Victories

DISMISSED | SUPER EXTREME DUI (.226 BAC) DISMISSED | due to RIGHT to COUNSEL ISSUE – State v. Mr. J. (DMC No. 11172) (Cave Creek City Court TR2012-0382): Mr. J. had been at the Tonto Grill Bar in Cave Creek, when he had left the establishment and had fallen over before getting in his car.  A 911 caller phoned and stated he thought Mr. J. was drunk.  Mr. J. was pulled over and processed for DUI.  While at the station he asked to call an attorney and the officers let him make the phone call but would not leave the room to give him privacy.  We filed a Motion based on Denial of Right to Counsel, and the Judge dismissed all charges.

REDUCED | INDECENT EXPOSURE REDUCED to DISORDERLY CONDUCT with ZERO DAYS JAIL – State v. Mr. O. (DMC No. 5404 ) (Cave Creek City Court CR2005-0006): Mr. O. had a female worker come out from the local gas company to work on his house.  They had a few drinks together and they had friendly conversation while she was working inside his house.  He went to shower, and exposed himself while walking down the hallway.  The police were then called, and he was cited for indecent exposure.  We were able to have the charge reduced to a disorderly conduct (a non-sexual crime), which involved zero days jail.  Mr. O. has no sex crime conviction on his record.

REDUCED | DISPLAYING ALTERED DRIVER’S LICENSE REDUCED to “speeding” ticket” – State v. Mr. P. (DMC No. 5988) (Cave Creek City Court TR2005-1141): Mr. P. was pulled over by a Maricopa County Sherriff’s Deputy for allegedly going 62 in a 45.  The area was somewhat of a “speed trap”.  When the officer looked at Mr. P.’s license, it looked as if an 8 had been scratched out to look like a 3.  Mr. P. admitted to scratching out his license in order to increase his age above 21 so he could get into bars.  Through negotiations with the prosecutors they agreed to dismiss the “altered license” criminal charge in order to exchange for a “civil speeding” ticket and a small fine.   This spared Mr. P. from having his license suspended until he was 21.

(Carefree City Court No.:20030811CR): Mr. W. was stopped for allegedly almost hitting another vehicle and travelling 60 in a 45 zone. He admitted to two glasses of wine, and then performed field sobriety tests. He subsequently provided a blood test which revealed a .09 BAC. Due to various problems with the Maricopa County Sheriff’s Posseman we were able to have his testimony precluded, and an offer to reckless driving with zero days in jail was extended.

NOT CHARGED/REDUCED | AGGRAVATED DUI (refusal) with CHILD in CAR NOT CHARGED/DUI MISDEMEANOR REDUCED to CRIMINAL SPEEDING – State v. Mr. A. (DMC No. 6479) (Carefree/Cave Creek Consolidated City Court CR2005-0030, TR2005-1412): Mr. A. was stopped travelling at Tom Darlington Road in Cave Creek, Arizona while he had three children in his car.  Police were informed that Mr. A. had been drinking at Harold’s bar and became combative.  He was ultimately arrested for DUI and was taken to the station where he requested a lawyer and refused to take any blood tests.  We were able to convince the County Attorney’s Office not to charge Mr. A. with Aggravated DUI, and the City Attorney’s Office agreed to dismiss the DUI in exchange for a Criminal Speeding ticket.

(Cave Creek Municipal Court No. 2006-1085CR): Mr. T. was traveling in his pickup truck on Cave Creek Road when an officer stopped him for allegedly weaving. He was subsequently arrested and provided a blood sample of .162. We were able to negotiate to have the Extreme DUI dismissed, and Mr. T. plead to a regular DUI with involved only 2 days in jail instead of 30.

Click here to learn more about Super Extreme Dui in Arizona.

EXTREME DUI (.187 BAC) REDUCED to REGULAR DUI with 4 DAYS JAIL – State v. Mr. N. (DMC No. 5694) (Cave Creek City Court TR2005-0802): Mr. N. and his passenger had been at Harold’s bar in Cave Creek, when they were attempting to leave the parking lot. Another motorist called police, and while the police were on their way, they saw Mr. N. allegedly drive into the intersection without coming to a full stop. He was subsequently arrested and taken to the station and provided a .187 BAC breath test. He then requested to call our office to speak with us. Due to various issues with the original stop, we were able to convince the Prosecutor to reduce the case from an extreme DUI to a regular DUI with only 4 days in jail.

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.

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