NOT CHARGED | VEHICULAR AGGRAVATED ASSAULT (.119 BAC) NOT CHARGED – State v. Mr. B. (DMC No. 10395) (DPS investigated): Mr. B. was originally in a bad DUI accident in which his breath alcohol was a .119.  The other person who was injured went to the hospital and subsequently filed a civil law suit.  During the course of the law suit, the victim’s attorney contacted us and had stated that the victim had undergone 6 surgeries and almost lost his arm.  Due to the nature of the injuries, we became involved in order to ensure the that County Attorney’s Office would not pick up the case and file AGGRAVATED ASSAULT charges, which would expose Mr. B. to 5 to 15 years of prison.  We were ultimately successful in keeping the case a civil matter, and no charges were brought against Mr. B.

NOT CHARGED | VEHICULAR AGGRAVATED ASSAULT – Mesa, Arizona (DMC No. 7079): Mr. M. was involved in a motor vehicle accident in which the other drivers sustained numerous life-threatening injuries. When police arrived, Mr. M. and a second person in his car were standing outside. Although Mr. M. admitted to driving, it was found that the other person standing by the car was also impaired. There was some question by the witnesses as to who the actual driver was. Mr. M. subsequently provided a blood test which revealed a .161 BAC. In addition to the question of who the actual driver was, we were also able to question the telephonic search warrant and affidavit the police secured to draw Mr. M.’s blood. We were able to convince the County Attorney not to file any charges. Mr. M. was facing 5 to 15 years in prison.

NOT CHARGED | VEHICULAR AGGRAVATED ASSAULT – Peoria, Arizona (DMC No. 7090): Mr. S. was traveling down a roadway in Peoria at approximately 40 mph at 11:00 o’clock at night when he was involved in a head-on collision. He had been drinking alcohol and witnesses claimed he had drifted over the center median. We were able to show that the other driver had misdemeanor warrants and a suspended license. Combined with questions involving the actual accident scene, we were able to convince the Maricopa County Attorney’s Office not to press charges. Mr. S. would have been facing 5 to 15 years in prison.

NOT CHARGED | VEHICULAR AGGRAVATED ASSAULT/HIT & RUN – State v. Mr. D.: Mr. D. was involved in a traffic accident in which the victim sustained a broken wrist. Due to identification problems, we were able to negotiate a civil settlement, and the State agreed to not file charges.

NOT CHARGED | VEHICULAR AGGRAVATED ASSAULT – Mr. C. was accused of driving drunk and going through a stop sign, thereby striking an individual and breaking his collar bone. Detectives had hospital workers hold down Mr. C. in order to obtain blood. There was no proper warrant and we were able to suppress the blood reading. Because no blood would be coming into evidence, the prosecutor did not file charges.