(Tempe Municipal Court No. 06-963549-3CR): Mr. C. was involved in a traffic accident at a red light. We were able to show that it was the other driver’s fault, and that even though Mr. C. had a breath alcohol content near the legal limit, we were able to convince the State to reduce his DUI with a CDL to Reckless Driving. Because Mr. C. had a commercial driver’s license, he was able to keep his job and spent zero days in jail.
(Kyrene Justice Court No. TR04-03170CR): Mr. W. was stopped by police during an East Valley DUI Task Force over the Thanksgiving holiday. Police claimed he was going 10 mph below the speed limit. After he was arrested, he was being transported to the police station when the officer decided to stop another vehicle for a DUI arrest. Once he got to the station, he provided a blood test which was above the legal limit. Because of problems with the blood draw (two phlebotomists were used), we were able to get the DUI dismissed and secure a plea to Reckless Driving with zero days in jail.
DUI REDUCED to Reckless Driving – State v. Mr. S. (DMC No. 7175) (McDowell Mountain Justice Court No. TR2006-173848): Police were called by a Civilian that reported Mr. S running a red light, then pulling off the road suddenly and stopping. When police arrived the Civilian Witness was there, and Mr. S was still behind the wheel of his car. He appeared to be impaired by alcohol and he told the officer’s that he had pulled over in order to “sleep it off”. Because a Civilian had actually seen him driving, the affects of a Corpus Delicti and lack of Actual Physical Control defeense were greatly diminished. Even though Mr. S had 3 prior DUI’s and 1 prior Reckless Driving, we were still able to secure a Reckless Driving Plea which involved no jail time.
REDUCED | DUI – State v. Mr. M. (DMC No. 7187) (Tempe City Court No. 06-963584): Mr. M was stopped for allegedly doing 62 in a 35. After he was stopped it was determined he was under 21, but had been drinking. He was arrested for DUI and provided a breath sample that was below the legal limit. Even though he could still be convicted of an Underage Drink and Driving, we convinced the Prosecutor to extend a Reckless Driving offer which only involved classes.
REDUCED | DUI Mr. S. was stopped for allegedly speeding, and was subsequently arrested for DUI. Although his breath test was above the legal limit, his performance on Field Sobriety Tests was outstanding. We were able to negotiate a plea to Reckless Driving with no jail.
(Chandler City Court No.:03-C-2191531CR): Mr. B. was involved in a traffic collision after he had been rear ended in a line of cars. He also admitted to drinking beer at a local bar, and performed poorly on field sobriety tests. Because Mr. B had a natural nystagmus (bouncing of the eyes combined with a BAC which was just above the legal limit), we were able to secure a plea to reckless driving with no days in jail.
State. Vs. Mr. H. (DMC No. 9374) (City of Phoenix Court No. 2009-900173801): Mr. H. was driving with a friend when his vehicle went into a ditch and crashed. When police arrived, they met with Mr. H.’s friend; Mr. H. told several different stories about what had occurred and who was driving. Independent witness stated that he heard the accident and came out to see two gentlemen walking quickly away from a black BMW. He heard one of the men say to the other man that he was going to come back to get his car before the police arrived. Due to the fact that the independent witness was not able to say which one of the two men was driving the car, combined with deviations in the alleged passenger’s story, we were able to convince the prosecutor to dismiss all charges.
Mr. L. was on various blood thinners when he accidentally cut himself in the kitchen. His wife called the ambulance, Police arrived and Mr. L. was taken away to be treated for his cuts. Unbeknownst to Mr. L’s wife, he was then arrested and charged with Domestic Violence. The Police assumed he must have gotten into a fight and broken something while arguing with his wife.
Eventually, all charges were dismissed against Mr. L. once the situation was explained. However, his record still reflected an arrest for Assault and Criminal Damage. Pursuant to Arizona Revised Statute ARS 13-4051(A) we were able to file a Motion for Entry on Records of Clearance in order to remove the entire arrest records off of Mr. L’s permanent file. The Maricopa County Superior Court Judge agreed with us and granted motion. There is now no record of any arrest regarding Mr. L.
NOT CHARGED | CHILD PORNOGRAPHY (Gilbert Police Department Investigated) Mr. T. was at a local Walgreens pharmacy picking up film from his 5-year-old daughter’s birthday party when police showed up and took him in for questioning. It had turned out that another child had obtained one of the many disposable cameras available to the children at the party and had taken photos of Mr. T’s daughter’s private parts. By reconstructing the height of the photographer and the angle of the camera (which showed the photographer was 3-feet tall), we were able to prove that another child had taken the photos and not Mr T. He went from facing a mandatory minimum 30 years in prison to not being charged at all.
Gilbert Police Department
Ms. K had recently moved to Arizona from California, and had purchased a new car. She had the temporary license plate taped on the window instead of mounted on her bumper. She was pulled over and cited for Failure to Display a License Plate under Arizona Revised Statute ARS 28-2354(A)(1). The Officer also cited her for No License in Possession under Arizona Revised Statute ARS 28-3169(A), and for No Registration in Possession per Arizona Revised Statute ARS 28-2158C. She had both of these documents and she had asked the Officer for a moment so she could find them. The Officer rudely responded “Tell that to the Judge”. When we explained what this Salt River Police Department Officer had done, the Prosecutor dismissed all charges.