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Category Archives: 902 Chandler DUI Wins

Not Guilty/Complete Acquittal at Jury Trial – DUI & DWI (.111 BAC) – State v. Ms. H (DMC No. 15700) – Mar 28, 2019 – Chandler City Court (Case No. 18-Z323921):  A civilian witness was traveling along South Tamarron Way in Chandler, Arizona when he saw a vehicle hit a pole after spinning out of control, raising a large cloud of dust.  By the time the civilian witness had come back to the scene, he had found Ms. H’s car empty with the door open.  When Officer Barker of the Chandler Police Department arrived, he interviewed the civilian witness.  The civilian witness did not see who was driving the car, and didn’t even know if the driver was a male or female.

As the Officer was finishing up, a gentleman came back to the scene with Ms. H.  This gentleman was Ms. H’s father.  Both had made statements to the officer that Ms. H was having shifting issues with her car, and that it had spun out of control.  The officer observed signs and symptoms of alcohol consumption, and began questioning Ms. H.  He ultimately arrested her for allegedly driving under the influence of alcohol and having the car accident.

At trial, the civilian witness testified that he did not see who driving the car.  In addition, the Officer testified that there were no injuries on Ms. H, or any other evidence that it would indicated that she was actually the driver of the car.  In fact, he admitted that the gentleman with her could have been the driver of the car.  Ultimately, all of those statements were suppressed due to lack of “Corpus Delicti”.  The Prosecutor had no further case and, in essence, they were forced to concede that they would lose the trial.  Before the Judge issued a Directive Verdict of Not Guilty, the Prosecutor filed a Motion to Dismiss all charges.  Because the jury had been sworn, double jeopardy attached and these charges are now gone forever in regards to Ms. H.

(Chandler Municipal Court No. 03-C-2181951CR): Mr. A. was involved in an alleged hit and run accident. He was subsequently arrested and provided a .195 blood BAC qualifying him for an Extreme DUI. Due to various identification problems with the case, we were able to convince the prosecutor to dismiss the DUI charge and simply plead Mr. A. to Leaving the Scene of an Accident with zero days in jail.

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DISMISSED | DUI (.144 BAC) (Chandler Municipal Court No. 01P856220CR): Mr. S. was stopped by Chandler City Police for an alleged DUI. He subsequently provided a .144 blood sample. Because it appeared that officers had stopped him simply because it was late at night and they were “trolling for DUI’s”, we filed a Motion based on No Reasonable Suspicion to Stop. This was reviewed by the City Prosecutor and they dismissed all charges.

To speak with a Chandler DUI Lawyer, please call our offices at (602) 307-0808. We’re available via secure email form by clicking here.

DUI (.107 BAC) REDUCED to SPEEDING/WEAVING TICKET due to IMPROPER LABELED BLOOD VIAL – State v. Mr. B. (DMC No. 6117) (Chandler City Court 05-C-2666461): Mr. B. was involved in a traffic accident, when officers pulled up and found him standing near his car. He initially denied driving and refused all sobriety tests. He was arrested and provided a .107 blood test. Due to the improperly labeled blood vial, we made an argument that the reading would not be admissible evidence. The Prosecutor agreed, and amended the DUI charge down to a simple “speeding” and “weaving” ticket.

REDUCED | DUI (Chandler Municipal Court No. 07-C-2907271, 2CR): Ms. C. was pulled over for allegedly speeding. Subsequently the officer smelled alcohol and put her through a battery of Field Sobriety Tests. He claimed she did terribly, and then he arrested her and obtained a blood sample. Her BAC came back below the legal limit, and we convinced the prosecutor to dismiss not only the DWI (being above .08), but also the DUI (impaired to the slightest degree).

(DMC No. 9844) (Chandler City Court No. 10-P-878460): A civilian witness had called Chandler police claiming Ms. S. was weaving in and out of traffic erratically. When she was stopped, she had told the officers that she was prescribed to take 3 Somas daily, but that she had taken 4 on that particular day. The drug recognition evaluation (DRE) ensued and the officer’s opinion was that she was impaired by a central nervous system depressant. We were able to show Ms. S.’s prescriptions to the prosecutor and they dismissed the DUI in exchange for a reckless driving charge. She was originally facing jail, but now only received a fine.

REDUCED | DUI (.130 BAC) (Chandler Municipal Court No. 06-X-1736252A): Mr. W. was stopped pulling out of Sonny’s Gentleman’s Club during an East Valley DUI Task Force. He was subsequently arrested for DUI and provided a blood test of a .130 BAC. We were able to show that the police lacked reasonable suspicion to stop Mr. W. while pulling from a private drive to a public roadway. Due to the threat of that Motion to Dismiss, the prosecutor offered a plea to Reckless Driving with zero days in jail.

REDUCED | DUI (.094 BAC) (032071411CR): Mr. V. was stopped by the City of Chandler Police after an off-duty ASU police officer claimed he was traveling too fast. Upon contact by police, Mr. V. performed very well on his Field Sobriety Tests. Even though his blood test revealed a .094 BAC, we were able to negotiate a plea to Reckless Driving with zero days in jail.

REDUCED | DUI (.084 BAC) (DMC No. 9838) (Chandler City Court No. 10-C-3606061-2): Mr. L. was travelling with four passengers when he failed to move forward through a light which had turned green. He was talking with his passengers when the light had changed, and the officer immediately activated his lights. Mr. L. had a moderate odor of alcohol, and the officer stated that he failed the field sobriety test. His blood results eventually came back a .084 and we were able to convince the prosecutor they would most likely not win a trial. The prosecutor then agreed to dismiss the DUI charge in exchange for a plea to a Reckless Driving which involved no jail time.

(Chandler Municipal Court No. 06-X-1865971CR): Mr. J. was seen pulling out of Sonny’s Gentleman’s Club in Chandler, Arizona, yet he pulled into the middle lane instead of the right lane. The officer claimed that he weaved and subsequently stopped Mr. J. Mr. J.’s blood test showed a .050 BAC, but he also admitted to taking Vicodin and Flexeril. We were able to demonstrate to the prosecutor that the amount of drugs he took and the fact that they were taken so much earlier in the day would not have impaired his driving. The State agreed to dismiss the DUI in exchange for a Reckless Driving plea.

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