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Category Archives: 200 DUI / Vehicular Crime Victories

2nd OFFENSE SUPER EXTREME DUI (.257 BAC) REDUCED to 1st OFFENSE DUI with 10 DAYS in JAIL – State v. Mr. S. (DMC No. 5044) (Carefree/Cave Creek Consolidated City  Court TR2004-0639): Police were dispatched to Cave Creek and Westland Roads in Cave Creek, Arizona regarding a possible injured motorist.  When they arrived, they observed Mr. S. behind the wheel of his car with his hands on the steering wheel and a cut above his eye.  The keys were in the ignition however, the engine was off.  He also had a bottle of Vodka next to him.  He was ultimately arrested and charged with DUI and was found to have had two prior DUI’s (with one within the preceding 5 years).  We were able to argue that there was an Actual Physical Control (APC) and Corpus issue which would potentially get the case dismissed at trial.   The State agreed to dismiss the allegation of prior, and reduce the Super Extreme DUI down to a 1st offense DUI with only 10 days in jail.  Mr. S. was facing a mandatory minimum of 180 days in jail if he were to have been convicted.

SUPER EXTREME DUI (.215 BAC) REDUCED to REGULAR DUI with 10 DAYS in JAIL – State v. Mr. V. (DMC No. 4716) (Superior/Kearny Justice Court TR2003-2691): Mr. V. was seen travelling northbound on Stone approaching Main Street, when he made a turn while running the stop sign.  Another vehicle almost struck Mr. V.’s car, and an officer made a u-turn and pulled Mr. V. over.  He was subsequently arrested and taken into the main police station in Superior Arizona, and he provided a breath sample which revealed a .215 BAC.  Because there were questions regarding the “depravation period”, the breath test was suspect.  In addition, during the eye test (HGN) only 4 of 6 clues were cited.  This did not correlate with the BAC that was obtained.  Due to all of these issues, we were able to secure an offer to Regular DUI which included only 10 days of jail.  Mr. V. was originally facing 45 days of jail.

SUPER EXTREME DUI (.213 BAC) REDUCED to REGULAR DUI with 10 DAYS in JAIL – State v. Mr. D. (DMC No. 5586) (Paradise Valley City Court 25133): Mr. D. was observed at Scottsdale Road and Lincoln Drive in Paradise Valley, Arizona sitting at a green left turn arrow.  After he turned, he was allegedly clocked by the officer doing a 55 in a 40 mph zone.  After he was pulled over, the officer then began a DUI investigation and transported Mr. D. to the police station.  While Mr. D. was there, he asked to call our office and we spoke with him.  He eventually provided a blood test which revealed a .213 BAC.  Because Mr. D. had been interviewed at the station without being read his Miranda rights, we were able to convince the Prosecutor that all statements would be suppressed.  The Prosecutor then agreed to reduce the Super Extreme DUI down to a regular DUI with 10 days in jail.  A Super Extreme DUI would have mandated 45 days in jail.

(Goodyear Municipal Court No. 200601467CR): Mr. M. was in the military and was residing at Luke Air Force Base. He was pulled over by an officer for allegedly making a wide turn, not having the proper height on mud flaps, and no license plate light. Subsequently he was arrested and provided a blood sample of .196. Through negotiations with the prosecution, we explained that a motion for no reasonable suspicion to stop would be filed, and they agreed to dismiss the Extreme DUI and reduce it to a regular DUI in which Mr. M. served only 10 days in jail instead of 30. He was also allowed to do his counseling and treatment on the Air Force base.

Click here to learn more about Super Extreme Dui in Arizona.

REDUCED | EXTREME DUI (.167 BAC) State v. Mr. M. (DMC No. 8970) (Buckeye Magistrate Court TR2008-2373):  REDUCED to ENDANGERMENT with 10 DAYS in JAIL – Mr. M. was seen driving erratically and knocking over numerous street signs in the area of I-10 and Miller Road in Buckeye, Arizona.  When he was ultimately contacted inside of his house, he smelled of alcohol and was processed for an Extreme DUI.  It was discovered that he had a prior DUI (outside of the 7 year mandatory enhancement period), and he produced a breath reading of .167 BAC.  Due to various issues regarding proving whether he was the actual driver, we were able to convince the Prosecutor to dismiss the Extreme DUI in exchange for an Endangerment and 10 days in jail.  Due to Mr. M.’s prior conviction, along with the manner of his driving, it was quite feasible that the judge would have given him up to 6 months in jail if he would have gone to trial and lost.

(Glendale Municipal Court No. TR06-14755CR): After Ms. B. was involved in a traffic collision, detectives met with her and discovered she had a prior allegeable DUI. They also detected an odor of alcohol and she subsequently provided a .208 breath sample. Although she was facing a potential second offense Super Extreme DUI with 180 days in jail, we were able to negotiate a first offense non-extreme DUI with 52 days in jail – thereby avoiding an additional 4 months in custody.

Click here to learn more about Super Extreme Dui in Arizona.

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