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Category Archives: 200 DUI / Vehicular Crime Victories

NOT GUILTY/COMPLETE ACQUITTAL at JURY TRIAL| EXTREME DWI (.157 BAC), DUI & DWI with ACCIDENT – State v. Mr. S (DMC NO. 13054) Aug 26, 2015 (Encanto Justice Court Case NO. TR2014-153715): Mr. S had been with his wife at the Twin Peaks Brewery in order to watch a Cardinals game. They had eaten lunch and had some beers before they left. As they were driving on the I-10 freeway and exiting an off-ramp at 7th Street in Phoenix, he collided with a vehicle who stopped midway through a right hand turn. Once the Police arrived, Mr. S was put through various Field Sobriety Test’s and performed flawlessly. He was ultimately given a breath test with revealed a .157 BAC.

At Jury Trial we were able to show that the alleged BAC reading must have been flawed due to the perfect performance of Mr. S on his Field Sobriety Test’s. Both the arresting Officer and our expert agreed that there must be something wrong with the reading. The Prosecutor tried to argue (unsuccessfully) that the Officer wasn’t very good at his observations during the Field Sobriety Test’s. In other words, the Prosecutor tried to say he was a deficient Officer and that the Field Sobriety Test’s results should be discounted. The Jury did not buy that argument and found Mr. S Not Guilty of All Charges. He was facing 30 days minimum in Jail.

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NOT CHARGED | VEHICULAR MANSLAUGHTER – State v. Mr. R. (DMC No. 11737) (Gilbert Police Department Investigated): Mr. R. was driving his car with his brother alongside him when he turned around a corner and began having a seizure.  The vehicle flipped, and Mr. R.’s brother died in the passenger seat.  Although no drugs or alcohol were involved, the case was routed to the Maricopa County Attorney’s Office to review for charges.  We were able to find several witnesses on the scene who stated that Mr. R. clearly looked to be having a seizure as he came around the corner.  In addition, we had Mr. R. subjected to an MRI of his brain which showed an “area of parenchymal signal abnormality”.  After almost 2 full years, the County Attorney declined to file any charges against Mr. R.

NOT CHARGED | MANSLAUGHTER – State v. Mr. T. (DMC No. 6044) (Maricopa County Sheriff’s Office DR2005-095229): Mr. T. was driving along the roadway, when an elderly man rode his bicycle directly in front of Mr. T.’s his vehicle and he was struck and killed. Mr. T. was subsequently interviewed and provided a blood and urine sample. Although it came back with the presence of marijuana, we conducted interviews with other witnesses and a first officer on scene and it was determined that Mr. T. was not impaired. We convinced them not to file any charges against him for manslaughter. He did, however, receive a citation for misdemeanor DUI drugs. He was originally facing possible 7 to 21 years in prison, and ended up with a misdemeanor misdemeanor DUI drugs with 1 day of jail.

NOT CHARGED | VEHICULAR MANSLAUGHTER NOT CHARGED – State v. Mr. W. (DMC No. 6723) (Navajo County DPS DR2006-026637): Mr. W. owned a logging truck company, and was running loads of lumber in the Pinetop Lakeside area.   He was returning with a load of lumber at dusk, when he saw an accident scene to the side of the road.  Roughly 10 miles down the road, he was stopped by police who asked him questions of whether he could have struck somebody in the roadway without knowing it. Subsequently, a search warrant was issued and his truck was seized.

We were able to intercept the case and convinced the Detective that charges should not be filed against Mr. W.  Due to the autopsy records, the alleged victim, a Native American man with a .199 BAC, apparently was laying in the roadway.  Due to the height of Mr. W.’s truck, and the position of his lights, if he did strike and cause the death of the alleged victim, he was not at fault.  We eventually convinced the Detective to not file charges and release Mr. W.’s truck back to his possession.

NOT CHARGED/DISMISSED | VEHICLUAR MANSLAUGHTER /DUI DRUGS (Marijuana)  – State v. Mr. C. (DMC No. 10610) (Apache Junction City Court TR20120026): A motorcyclist had been involved in a minor collision at Broadway Road & Meridian Road in Apache Junction. The motorcyclist then wandered around the car as Mr. C.’s car came up and struck and killed him.  Although no impairment was observed, the police ordered a blood draw from Mr. C., which revealed the presence of marijuana.  We filed a Motion to Suppress the blood draw, which was granted and the DUI drugs charge was dismissed.  We also were able to convince the prosecutors not to file charges for manslaughter as Mr. C. was not at fault for striking the motorcyclist.  No charges for manslaughter were ever brought.

VEHICULAR AGGRAVATED ASSAULT (.243 BAC) REDUCED to probation with 1 year of jail and work release – State v. Mr. L. (DMC No. 4516) (Maricopa County Superior Court CR2004-035234): Mr. L. was observed by police driving in an erratic manner.  Subsequently, a car chase ensued in which several cars were struck, including the police officers.  Mr. L. was taken into custody and a blood alcohol concentration of .243 was obtained.  He was also charged with VEHICULAR AGGRAVATED ASSAULT on a Police Officer and faced a minimum of 10.5 years in prison.  We were able to convince the prosecutor that the officer was in no real danger and due to Mr. L.’s youth, she extended a “no agreements” offer which subjected Mr. L. to anywhere from probation, to prison of 3 to 12.5 years.  At sentencing, we secured a probation sentence from the judge along with 1 years of jail (as opposed to prison) which allowed Mr. L. to serve nights and weekends in jail, and attend school and work during the day.

NOT CHARGED | FRAUDULENT SCHEMES ($200,000) BANK and WIRE FRAUD, MONEY LAUNDERING, and THEFT of MEANS of TRANSPORTATION ($85,000) NOT CHARGED due to CIVIL SETTLEMENT – State v. Mr. G. and Mrs. G. (DMC No. 6372 and 6373) (IRS and JP Morgan Chase Bank Investigated): Mr. and Mrs. G. discovered that the bank had placed $100,000 in their checking account on two successive days by mistake.  This total of $200,000 was perceived to be a “wind fall”.  Mr. and Mrs. G. immediately transferred the money out and began spending it.  When the mistake was discovered, the bank and legal authorities began to investigate.  We were able to step in and negotiate a “civil settlement” with a payment schedule, and no charges were brought against Mr. and Mrs. G.  Originally they were facing a potential of decades in prison.

 

NOT GUILTY/ PARTIAL ACQUITTAL at BENCH TRIAL: SUPER EXTREME DUI (.205 BAC) Only- State v. Mr. B (DMC No. 9571) (Phoenix City Court No. 3981751): Mr. B was in Phoenix, Arizona when he was served pulling up to the intersection at 51st Avenue and Bell Road. At the left hand green turn arrow Mr. B’s vehicle did not move, and the Officer then pulled him over. After a DUI investigation, he was taken to a DUI van in which he provided a .205 BAC blood sample. Because he was above a .200, he was charged with Super Extreme DUI along with other charges. At Bench Trial, we were able to argue that the variance of the machine would not allow a verdict of guilty beyond reasonable doubt as to Super Extreme DUI charge. The Judge agreed, and Mr. B was found Not Guilty of the Super Extreme DUI. He was, however guilty of the regular Extreme DUI and was sentenced to 30 days in jail.

INSURANCE FRAUD ($23,000) and THEFT of MEANS of TRANSPORTATION NOT CHARGED; FALSE REPORTING DISMISSED – State v. Mr. C (DMC No. 8485) (Surprise City Court CR07-01028/Surprise Police Department DR 07096356): Mr. C had gone to Las Vegas to get married, and when he got back his truck was missing. It was found by the Peoria Police Department burned out in the desert. This was then reported to the Surprise Police Department, and Mr. C had filed a stolen vehicle report. The police and insurance company became suspicious and interviewed a friend of Mr. C’s who stated that Mr. C had another friend named “Greg” steal the vehicle and burn it so he could file an insurance claim in order to recover $23,000.

We became involved in the case, and dealt directly with the Detective on Mr. C’s behalf. The Detective filed a direct complaint into the Surprise City Court for False Reporting. We ultimately got this charged Dismissed. In addition, the Detective routed his file over to the Maricopa County Attorney’s Office to be reviewed for charges of Insurance Fraud and Theft of Means of Transportation. Due to our intervention, no charges were brought against Mr. C. If he would have been charged, he could have done time in prison.

DRAG RACING and ENDANGERMENT REDUCED to RECKLESS DRIVING with 2 DAYS in JAIL – State v. Mr. S (DMC No. 8126) (Scottsdale City Court TR2008-008525): Officers were in Scottsdale near the “Flickas” bar at Scottsdale Road and Indian School. They had observed 3 vehicles racing at 90 miles per hour down Scottsdale Road, and then they were seen again racing down McDowell Road. Only Mr. S’s vehicle was pulled over, and Mr. S’s passenger stated that they were going 120 miles per hour. Mr. S was then arrested and taken into custody.

We were able to convince the Prosecutor that because there were no admission by Mr. S, and the fact that his passenger might be unwilling to cooperate, they offered a much lower Reckless Driving charge with 2 days in jail. If Mr. S had been convicted of the Endangerment and Drag Racing, he would have lost his license for over a year. He would have also been subjected to potentially 1 year in jail.

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