NOT CHARGED | DUI – State v. Mr. W. (DMC No. 6731) (Phoenix PD DR2005-51205460): Mr. W. was parked off to the side of the road by a barricade when he was woken up by officers pounding on the door. The car was left running in order to run the air-conditioner. Mr. W. was pulled out of the car and arrested immediately, without field sobriety tests. He then passed out and was taken to the hospital, where a blood draw was obtained. Due to the fact that Mr. W. had diabetic issues, and his blood alcohol content was only a .066 (below the legal limit), after we contacted the prosecutor’s office they chose not to file any charges.
January 10, 2013
NOT CHARGED | DUI – State v. Mr. C. (DMC No. 6734) (Pinal County Sheriff’s Department DR050930125): Mr. C. was stopped by officers at Ocotillo & Arbor Road in Pinal County based on an anonymous call. The officer smelled alcohol and made him perform various field sobriety tests. Although the officers claim they saw Mr. C. driving, he was adamant that he had been parked off to the side of the road for at least 30 minutes. Subsequently, a warrant was obtained to draw his blood and due to various issues, the State was unable to bring charges within the 1 year of statute of limitations.
January 10, 2013
NOT CHARGED | DUI DRUGS – State v. Mr. R. (DMC No. 6729) (DPS DR2005-067653 Code 2300): Mr. R. was a juvenile who was accused travelling 60 MPH in 45 MPH zone. He performed field sobriety tests, and the officer required Mr. R. to do a breath test, which revealed a .000 BAC. He was then forced to provide urine, under threat of going to jail if he did not do so. Because of the potential violation of his juvenile Miranda rights, no charges were brought.
January 9, 2013
REDUCED | DUI DRUGS (Hydrocodone, Xanax & Morphine) REDUCED to Reckless Driving – State v. Ms. R. (DMC No. 10756) (Avondale City Court 2011-05024): Ms. R. was accused of being in a single car accident at Granada Road & 109th Drive. She had been fasting for a future medical procedure and after the accident suffered a panic attack. She then took various prescription medications. We were able to have her Doctor send a letter indicating that under therapeutic doses, that the drugs would not have affected her driving. Most likely the accident was caused by her fasting. The State ultimately reduced the charge from DUI drugs to a mere reckless driving.
January 9, 2013
REDUCED | DUI DRUGS (Diazepam & Clonazepam) REDUCED to Reckless Driving – State v. Ms. B. (DMC No. 6168) (Mesa City Court 2005075572): Ms. B. was accused of swerving all over the road by an unknown 911 caller in the location of Baseline & Gilbert Road. After being stopped by police, she was accused of being under the influence of Diazepam & Clonazepam although Ms. B. admitted to taking prescription medications, no drugs were found in her system. The case was ultimately reduced to a mere reckless driving with zero days in jail.
January 9, 2013
NOT CHARGED | DUI – State v. Mr. T. (DMC No. 10831) (Ironwood Justice Court/DPS DR11-162936): Mr. T. was involved in a minor rear-end collision at 363rd Ave & Buckeye Road. The officer alleged that Mr. T. had appeared to have been drinking. Mr. T. indicated that he thought perhaps his drink had been “laced”. No field sobriety tests were given, and he refused to do any blood or breath tests. Ultimately, we convinced the prosecutor that they did not have enough evidence to bring charges.
January 9, 2013
NOT CHARGED | DUI; OPEN CONTAINER and CONSUMPTION WHILE DRIVING DISMISSED – State v. Mr. Z. (DMC No. 5906) (Arrowhead Justice Court/DPS DR05-003681): Mr. Z. was involved in a traffic collision on HWY 60 near mile post 146. He had an open container in his car and had admitted to drinking while driving. Because he had some injuries, no field sobriety tests were given. Because of discovery issues, we were able to convince the prosecutor to dismiss the open container and consumption while driving charges. In addition, no DUI charges were ever brought.
January 9, 2013
NOT CHARGED | DUI DRUGS (Depakote, Sapharis, Lithium, Edluar, Adderall) – State v. Ms. M. (DMC No. 10773) (West McDowell Justice Court/DPS DR2011-030389): Ms. M. was observed leaving the west bound 10 to the 7th Street off ramp when she drove up on the dirt median and then drove off. The officer stopped her and claimed she appeared intoxicated. She admitted to being on several prescription medications due to two new knee replacements in the last 6 months. The officer still attempted to give her field tests, even though she wasn’t fully healed. After we contacted the officer the State chose not to proceed with charges.
January 1, 2013
(DMC No. 9844) (Chandler City Court No. 10-P-878460): A civilian witness had called Chandler police claiming Ms. S. was weaving in and out of traffic erratically. When she was stopped, she had told the officers that she was prescribed to take 3 Somas daily, but that she had taken 4 on that particular day. The drug recognition evaluation (DRE) ensued and the officer’s opinion was that she was impaired by a central nervous system depressant. We were able to show Ms. S.’s prescriptions to the prosecutor and they dismissed the DUI in exchange for a reckless driving charge. She was originally facing jail, but now only received a fine.
November 9, 2012
Posted on Author By dmcantor Categories 16M Criminal Speeding Victories, 200 DUI / Vehicular Crime Victories, Case Victories, San Tan Justice Court Victories
REDUCED | CRIMINAL SPEEDING – (DMC No. 9826) (San Tan Justice Court No. TR2010-154324): Mr. G. was a contractor who had a high level clearance with the Department of Defense, Navy and FBI. Police alleged he was travelling 92 MPH in a 65. Mr. G. could not have a criminal conviction on his record if he wished to keep his clearance in tack, so we were able to challenge the radar gun utilized in his stopped and negotiate a plea to a civil speeding with a $235 fine.