(Phoenix Municipal Court No. 2978701CR): Mr. W. was seen driving without rear lights on his vehicle. He was stopped by police, and a DUI investigation ensued. He did very well on his FST’s, and no eye (HGN) was given. Even though his BAC was above the legal limit, we were able to get all charges dismissed.
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.
(Phoenix Municipal Court No. 8970876CR): Mr. H. was stopped for an alleged DUI in June. The Phoenix City Prosecutor’s Office was unable to proceed to trial in October, and the case was dismissed. Sometime thereafter, the City Prosecutor’s Office re-filed the charges and sent notice to Mr. H.’s former address without notifying Defense Counsel. He eventually discovered there was a warrant regarding his DUI some six (6) years later. We then got the case dismissed in its entirety do to a violation of Mr. H.’s speedy trial rights.
REDUCED | SECOND OFFENSE DUI REDUCED to FIRST OFFENSE REGULAR DUI- State v. Mr. M. – (Chandler Court- No. 2011-P-879920): Mr. C. was originally offered a second offense regular DUI. Mr. C. performed fair on field sobriety test and was arrested, and subsequently submitted to a blood test which yielded a positive metabolite of THC. After filing a Motion to Dismiss for no Reasonable Suspicion for the Stop and No Probable Cause for the Arrest, the State agreed to offer a plea to a first offense regular DUI, with one day of jail.
DUI DRUGS (marijuana) REDUCED to DUI alcohol with 1 DAY in JAIL – State v. Mr. O. (DMC No. 5507) (Snowflake Justice Court CR2005-0157MI): DPS Officers claimed they were at State Route 260 near Mile Post 306 near Snowflake, Arizona when they observed Mr. O. travelling 59 in a 45 mph zone. After he was stopped, they claimed they could smell a strong odor of marijuana and they processed Mr. O. for a DUI drugs charge. After conducting a Drug Recognition Evaluation (DRE), he was arrested and a marijuana pipe with marijuana was found in his vehicle. Mr. O. subsequently provided a urine test which showed the presence of the active metabolite of marijuana (THC). Because of the questionable search of his vehicle, we were able to convince the Prosecutor to not file charges for Possession of Drug Paraphernalia and Marijuana. We also convinced him to reduce the DUI “drugs” charge to a DUI “alcohol” charge, which saved Mr. O.’s license from being suspended for a full year.
REDUCED | SUPER EXTREME DUI (.262 BAC) State. Vs. Ms. A. (DMC No. 9855) (Phoenix City Court No. 14005842): Ms. A. was stopped on state route 51 and Greenway Road due to an anonymous 911 call. Ms. A. had Chrohn’s disease and respiratory problems. The 911 caller wished to remain anonymous and claimed that he was almost struck by Ms. A. Although Ms. A. eventually provided a .262 breath alcohol content, we were able to convince the state they would have problems proving actual reckless driving and that their breath test was suspect due to Ms. A.’s illness. They eventually offered a plea to a first offense DUI with one day in jail instead of a Super Extreme DUI with a minimum of 45 days in jail.
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SUPER EXTREME DUI (.236 BAC) REDUCED to REGULAR DUI with 1 DAY JAIL – State v. Mr. S. (DMC No. 5741) (White Tank Justice Court TR04-54197CR): Mr. S. was stopped due to a 911 call reporting a reckless driver. When police contacted him inside a McDonald’s parking lot, he was urinating next to his car. He was subsequently arrested, and provided a blood test which produced a .236 BAC. While at the station he asked to call his lawyer, but he was told there was no phone or phonebook, and that if he had a number then they would provide him a phone. Due to the potential “denial of right to counsel” issue the Prosecutor offered a regular DUI with 1 day in jail. Mr. S. was originally facing 45 days in jail.
SUPER EXTREME DUI (.235 BAC) REDUCED to 1 day jail – State v. Mr. F. (DMC No. 4848) (McDowell Mountain Justice Court TR04-01851CR): Mr. F. was stopped at the loop 101 & Hayden Road for an alleged traffic violation. He was subsequently stopped and provided a blood sample of .235. Due to the fact that the officer may have violated Mr. F.’s right to counsel request, and did not provide him an ability to obtain an independent blood test, we were able to have the case reduced from a SUPER EXTREME DUI (with a potential of 45 day in jail) all the way down to regular DUI with 1 day in jail.
SUPER EXTREME DUI (.233 BAC) REDUCED to REGULAR DUI with 1 DAY JAIL – State v. Mr. R. (DMC No. 5384) (Payson Justice Court 2005TR1065): Mr. R. was travelling the wrong way on State Route 87 when he was pulled over by police. He was subsequently arrested for super extreme DUI and produced a .233 BAC. While at the station he asked to call a lawyer four different times and was not allowed to do so. Due to the potential “denial of right to counsel” issue, the State offered a regular DUI with only 1 day in jail. Mr. R. was originally facing 45 days in jail.
REDUCED | SUPER EXTREME DUI REDUCED to REGULAR DUI- State v. Mr. A. – (Scottsdale Court- No.:TR-2011-020850): Mr. A. was originally offered a Regular Extreme DUI. Mr. A performed poorly on field sobriety test and was arrested, and subsequently submitted to a blood test which resulted in a .208 BAC. After filing a Motion to Preclude arresting Officer for failure to submit to a pretrial interview, the State agreed to offer a plea to a non-extreme DUI, one day with 29 days of home detention.
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