DISMISSED | DUI (.147) – (East Mesa Justice Court No. 03-04769CR): Ms. K. was pulled over for only having one headlight on, and traveling 80 mph on the freeway. Upon contact with the officer, she performed moderately okay on Field Sobriety Tests, and produced a .147% BAC. Because the State was having trouble convincing witnesses to appear for defense interviews, we were able to file a Motion to Preclude their testimony. The State was then forced to dismiss all charges.
DUI (.146 BAC) DISMISSED due to DISCOVERY DELAY – State v. Mr. D. (DMC No. 6512) (Parker Justice Court/La Paz County Sherriff’s Office Complaint No. 27801): Mr. D. lived in California and was a recent graduate of the Police Academy. He was vacationing in Parker, Arizona. He had been drinking at his hotel with a friend and they drove to the store to pick up some items. The officer pulled Mr. D. over for an unknown reason, and had him perform field tests in his flip flops. He was arrested, submitted to a breath test which revealed a .146, and then requested to call an attorney. He was never given a phone or a phone book. Due to the issues with Denial of Right to Counsel, and No Reasonable Suspicion to Stop, we requested extensive Discovery from the officer. Due to the Discovery not being turned over in a timely manner, the Court dismissed all charges.
DUI & DWI (.146 BAC) DISMISSED DUE to FAILURE of POLICE to PROVIDE INTERPRETER – State v. Mr. G (DMC No. 9626) (Eloy Justice Court TR2009-4745): Mr. G was seen on the I-10 freeway near milepost 212 by Eloy, Arizona traveling 70mph in a 55mph zone. He was subsequently pulled over and an odor of alcohol was detected by the Officer. Mr. G was a deaf male who spoke only American sign language. The Officer proceeded to arrest Mr. G and have him submit to a blood test which revealed a .146 BAC. He never secured a sign language interpreter to read Mr. G’s rights, or inform him of his legal options regarding the Field Tests and the Blood Test. We were able to file a Motion to Dismiss under Arizona Revised Statue § 12-242, and the case was dismissed in full
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.
DUI (.144 BAC) DISMISSED – State v. Mr. S. (DMC No. 8944) (Apache Junction City Court TR2009-00598): Police were called to Mr. S.’s residence regarding allegations that he backed his truck out of his driveway and struck another vehicle. When they arrived, they observed symptoms of alcohol intoxication and they arrested him for DUI. Mr. S. requested to have his attorney present prior to his blood test (which was denied), and he also said that he drank a beer while he was waiting for the police to arrive. Due to these issues, the DUI was dismissed by the Prosecutor.
DUI (.144 BAC) DISMISSED due to DENIAL of RIGHT to COUNSEL ISSUE – State v. Mr. B. (DMC No. 11254) (Buckeye City Court CR2012-003769): Mr. B. was seen driving southbound on Sun Dance Parkway approaching La Posada Boulevard in Buckeye, Arizona when it was alleged that he struck the median curb several times. After a Buckeye Police Officer pulled him over, he was put through various Field Sobriety Tests and processed for an alleged DUI. At one point, he told the officer that he had an attorney and wished to make a phone call. Because the officer felt that Mr. B. was “verbally abusive” he told him that he would have to remain quiet for 15 to 20 minutes before he would allow him to make any phone calls. Because he did not stay quiet for more than 5 minutes, he was never allowed to call an attorney. All charges were ultimately dismissed.
DISMISSED | DUI (.139) – State v. Mr. S. (San Tan Justice Court No. TR-0651694CR): Mr. S. was seen pulled over on the U.S. 60 with his hazard lights on. When officers made contact they observed that his female passenger had vomited twice. They subsequently arrested Mr. S. for DUI and he provided a breath test of a .139 BAC. Due to the fact that the officer never saw Mr. S. actually driving, we filed a Motion to Dismiss for “lack of actual physical control.” Just prior to the Evidentiary Hearing, the State moved to dismiss all charges.
DUI (.136 BAC) DISMISSED due to DENIAL of RIGHT to COUNSEL ISSUE – State v. Mr. C. (DMC No. 6087) (Fountain Hills City Court TR2005-00843): Mr. C. was observed travelling down the wrong side of the street on Saguaro Boulevard. He was then seen crossing over the median to get into the proper lane. He was subsequently pulled over and arrested for DUI and Reckless driving. His blood results produced a .136 BAC. Mr. C. had requested an attorney while at the station, and was not given that option. We filed a Motion to Suppress the alcohol concentration, and the State was forced to dismiss the DUI charge, but not the Reckless Driving charge.
DISMISSED | DUI (.133 BAC) (San Marcos Justice Court No. 03-00376CR): Mr. D. was involved in a single vehicle accident. When officers arrived 15 minutes later, he admitted to drinking at a bar. He performed Field Sobriety Tests, and was then arrested. He ultimately provided a breath BAC of .133. Due to the failure of a witness to consent to a defense interview, we filed a Motion to Preclude his testimony. That Motion was granted, and the charges were dismissed.
DISMISSED | DUI (.131 BAC) State v. Mr. B. (DMC No. 7436) (Tolleson City Court TR2006-0847): Police were called to a location on west Garfield Street in Tolleson regarding a potential road rage. When they arrived, they found Mr. B. sitting behind the wheel of car. He was subsequently arrested for DUI and provided a .131 BAC. We requested the 911 tapes which would have given the police reasonable suspicion for stopping Mr. B. They had lost the 911 tapes. In addition, their case officer was unavailable for an Evidentiary Hearing and all charges were dismissed in full.