EXTREME DUI REDUCED to Regular DUI – State v. Ms. M. (DMC No. 7185) (North Valley Justice Court No. TR2007-117531): Ms. M was observed travelling westbound on the 101 Freeway and allegedly weaving between her lane and another. She was subsequently stopped and arrested for DUI. She refused to provide a blood sample and a Search Warrant was obtained. When blood was drawn, it revealed a .170 Blood Alcohol Content. Because of possible issues with No Reasonable Suspicion to Stop, we were able to secure an offer to a Regular DUI with 1 day in jail instead of a potential 30.
REDUCED | EXTREME DUI (.169 BAC) (Mesa Municipal Court No. 2007006966CR): Mr. M. was at a Jack in the Box drive through when he struck a pole at a low speed. He then backed up his vehicle and parked. When the police arrived, they stated he was in “actual physical control” of his vehicle, and arrested him for Extreme DUI. He provided a .169 blood alcohol reading. We were able to raise the issue that the State would have trouble putting Mr. M. behind the wheel “at the time of driving,” and they agreed to dismiss the Extreme DUI in exchange for a plea to a regular DUI in which Mr. M. did 1 day in jail instead 30.
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HIT AND RUN DISMISSED/EXTREME DUI (.169 BAC) REDUCED to regular DUI with 1 day in jail – State v. Ms. J. (DMC No. 9926) (Hassayampa Justice Court TR2010-150421): Ms. J. was accused of striking another vehicle at Dysart & the I-10. The area of the road way narrows where two lanes merged. She was subsequently pulled over and arrested for DUI. She provided a .169 BAC breath sample. We were able to convince the prosecutor that due to nerve damage in her right eye, combined with the narrowing of the road way of that particular area, the hit and run should be dismissed. It was ultimately dismissed, and her EXTREME DUI was reduced to a regular DUI with 1 day of jail time. She originally was facing 30 days in jail on that charge.
REDUCED | EXTREME DUI (.168 BAC) State. vs. Mr. W. (DMC No. 9873) (Tempe City Court No. 10-046457): Mr. W. was leaving Hungry Howie’s Pizza in Tempe when he was trying to get into his apartment development. A tow truck was blocking the entrance and Mr. W. thought he could squeeze by. He did not see that the tow truck’s boom was down, and he struck it. Mr. W. then called the police. Ultimately police arrived and detected an odor of alcohol and arrested Mr. W. While at the station, he provided a .147 breath test, followed by a .168 breath test and then a .170 breath test. Because of the irregularities in the breath testing device, coupled with the fact that Mr. W. was the one that called the police, we were able to negotiate a plea from an Extreme DUI with 30 days in jail down to a regular misdemeanor DUI with 1 day in jail.
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REDUCED | EXTREME DUI (.167 BAC) – State v. Ms. N. (DMC No. 7290) (Chandler City Court No. 07-C-2968751): Ms. N. was observed making a wide left turn by an officer in Chandler. She was subsequently and provided a Preliminary Breath Test of .167. Because of issues regarding a potential of No Reasonable Suspicion to Stop, and the fact she kept her leg up all 30 seconds on the one-leg-stand, we were able to convince the Prosecutor to offer a Regular DUI with 1 day in jail instead of an Extreme DUI with 30 days in jail.
REDUCED | EXTREME DUI – State v. Mr. M. (DMC No. 7164) (University Lakes Justice Court No. TR2007-101101): REDUCED to Regular DUI Mr. M. was stopped for allegedly travelling 90mph on Baseline and Elliot Roads. After he was arrested, he provided a Breath Alcohol Content of .166. What was unusual about this case is that the stop occurred on Dec. 24th, but the report was not written until Jan. 7th. In addition, Mr. M spoke primarily Spanish, yet the DMV paperwork was read to him in English. We were able to convince the Prosecutor to offer a Regular DUI with 1 day in jail instead of a potential 30 days in jail.
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REDUCED | EXTREME DUI (.166 BAC) (Casa Grande Justice Court No. TR200604037CR): Mr. L. was seen weaving on the roadway while being followed by an officer. Once the officer activated his lights, he claimed Mr. L. traveled for a mile before pulling over. Once Mr. L. was arrested, he provided a breath test of a .166. Due to possible issues with the breath testing device, we were able to secure an offer in which the Extreme DUI was dismissed, and Mr. L. was offered a regular DUI with 1 day in jail instead of 30 days in jail.
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REDUCED | EXTREME DUI (.166 BAC) State vs. Mr. P. (DMC No. 9894) (San Tan Justice Court No. TR2010-153516): DPS Officers state that they saw Mr. P. travelling 84 m.p.h. on radar where the 202 interstate intersects with State Route 60. He ultimately pulled over properly, but they claimed he performed poorly on the field sobriety test. Mr. P. told officers that he had knee problems and that he had a prior concussion. Eventually he was given a breath test which revealed a .166 breath alcohol content. Due to the questionability of the field sobriety test, we were able to negotiate the prosecutor to a plea of regular DUI with 1 day in jail instead of an Extreme DUI with 30 days in jail.
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NOT CHARGED | EXTREME DUI (.166 BAC) State vs. Ms. K. (DMC No. 9827) (Hassayampa Justice Court No. TR2010-143565): Ms. K. was a 70-year old driver who was traveling down the freeway when she rear ended a car, causing a 3 car collision. Upon contact, the officer stated that she had to use the door to keep her balance. He only attempted one field sobriety test and stopped when she fell backwards. Eventually she provided a breath test of a .166. We were able to convince the prosecutor that the impairment that was observed was due to the collision, not to alcohol consumption. In addition, we were able to show that there may have been a problem with the breath testing device. This convinced the prosecutor to extend an offer to a regular dui which included 1 day in jail instead of 30 consecutive days in jail.
REDUCED | EXTREME DUI –State v. Mr. K. (DMC No. 7221) ( Phoenix City Court No. 3636999): Mr. K was allegedly observed travelling 100 mph down the I-17. After he was stopped, he was arrested for an alleged DUI and he provided a .166 Breath Alcohol Concentration. We were able to convince the Prosecutor there were potential issues with the breath test reading, and they agreed to offer a non-Extreme DUI.
For a DUI in Phoenix you’re best hope for a satisfactory resolution is to hire an attorney who knows the judges in Phoenix court. To schedule your free consultation, call our offices 24 hours a day at (602) 307-0808.