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Category Archives: 4A DUI Drugs Dismissals

NOT CHARGED/DISMISSED | VEHICLUAR MANSLAUGHTER /DUI DRUGS (Marijuana)  – State v. Mr. C. (DMC No. 10610) (Apache Junction City Court TR20120026): A motorcyclist had been involved in a minor collision at Broadway Road & Meridian Road in Apache Junction. The motorcyclist then wandered around the car as Mr. C.’s car came up and struck and killed him.  Although no impairment was observed, the police ordered a blood draw from Mr. C., which revealed the presence of marijuana.  We filed a Motion to Suppress the blood draw, which was granted and the DUI drugs charge was dismissed.  We also were able to convince the prosecutors not to file charges for manslaughter as Mr. C. was not at fault for striking the motorcyclist.  No charges for manslaughter were ever brought.

DISMISSED | 2nd OFFENSE DUI DRUGS (Morphine, Codeine, Zolpidem, Oxazepam, Nordiazepam, Temazepam, and Diazepam) DISMISSED due to INDEPENDENT TEST ISSUE – State v. Mr. L. (DMC No. 10577) (Casa Grande Justice Court TR2011-4397): Mr. L. had been pulled over for weaving on the road.  He appeared highly impaired by drugs, and he was taken to the station.  He asked to call our office and spoke with one of our attorneys.  We instructed him to remain silent, submit to the blood test and ask to be released for an independent chemical test.  The Officer indicated that he would allow Mr. L. to be released to get his own independent blood test at a hospital, and then booked him into jail without complying with our request.  Due to this violation, all charges were dismissed.  Due to Mr. L.’s priors, he was facing potentially 6 months in jail.

State vs. Mr. J. (DMC No. 9651) (Mesa City Court No. 2010-02531): Mr. J. was stopped for making an improper right hand turn.  Upon contact, the Officer claimed that he had dilated pupils, eyelid tremors and slow speech along with watery and blood shot eyes.  Mr. J. admitted to smoking marijuana earlier in the day, but he also told the officer that he has a “mass on his brain”.  He was 6 foot 2 inches, and weighed 300 pounds and was put through various field sobriety tests and a drug recognition evaluation.  His urine eventually came back with 28 nanograms (1 millionth of a gram) of inactive marijuana metabolites.  They also ran the urine test with only half of the normal amount of urine.  Based upon all of these issues, we were able to convince the prosecutor to dismiss the case in its entirety.

DISMISSED | DUI (PRESCRIPTION DRUGS) (DMC No. 9876) (Tempe City Court No. 10-101855-2): Mr. L. was stopped for an improper right hand turn; subsequently a DUI investigation was pursued. Because Mr. L. was taking prescription drugs, a Drug Recognition Evaluation (DRE) was conducted and the officer stated that Mr. L. was under the influence of prescription drugs. We were able to have the DRE results precluded due to lack of chemical verification on Mr. L.’s blood. All charges were dismissed.

DISMISSED | DUI – State v. Mr. D. (DMC No. 7172) (Apache Junction Justice Court No. TR06-0019): Mr. D was seen by an officer travelling at a high rate of speed, when he suddenly hit his brakes and did a squealing tire U-Turn. He came to a stop in the middle of the road and the officer contacted him. He later arrested Mr. D for Reckless Driving and DUI Drugs (Suspected Stimulants). During the course of the case, the Pinal County Attorney’s Office violated Mr. D’s Speedy Trial Rights; we filed a Motion to Dismiss due to a Rule 8 Violation. The court granted our motion, and all charges have been dismissed.

DISMISSED | DUI DRUGS (Methamphetamine) – State v. Mr. H. (DMC No. 7291) (Glendale City Court No. TR06-26138): Mr. H. was involved in a single vehicle accident in which he struck a power pole in the City of Glendale. Paramedics had to forcibly remove him from the vehicle, and the officer assisted in holding him down while he was strapped to a back board and taken to the hospital. Although the officer observed no signs and symptoms of alcohol or drug impairment, he still requested a blood test from Mr. H. We filed a Motion to Suppress the results of the blood test due to a lack of Probable Cause to Invoke the Implied Consent Law. Although Mr. H. had a prior DUI, was currently on probation for a felony drug charge and had Methamphetamine in his blood test, the Judge still agreed with our motion and after an Evidentiary Hearing suppressed the result of his blood test. The Prosecution then moved to Dismiss All Charges.

DISMISSED | DUI DRUGS (Gilbert Municipal Court No. 06-TR25326DU): Ms. T. was stopped in the city of Gilbert for allegedly having a rear taillight and brakelight out on her vehicle. Upon contact with her, the officer claimed she had a yellowish coating on her tongue, along with some other signs and symptoms of drug impairment. A Drug Recognition Evaluation (DRE) was conducted and police came to the opinion that she was under the influence of cannabis and central nervous system depressants. Her results came back with the drug Citalopram in her system. We were able to show that she had a prescription for this drug, and that the drug was not impairing her ability to drive at the time police stopped her. Ultimately we convinced the prosecutor to dismiss all charges.

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DISMISSED | DUI DRUGS (Marijuana) DISMISSED – State v. Mr. B. (DMC No. 10106) (Gilbert City Court 2011-CT0004576): Mr. B. rear-ended another vehicle travelling less than 5 MPH at Val Vista & Elliott Roads in Gilbert.  The officer contacted Mr. B. and suspected marijuana consumption.  He found marijuana in Mr. B.’s vehicle and pictures of marijuana on Mr. B.’s cell phone.  Ultimately, a urine sample was taken which revealed the presence of marijuana metabolites.  Due to various witness issues that arose for the prosecution over the course of the case we were able to secure a complete dismissal from the Prosecutor.

DISMISSED | DUI DRUGS (Soma, Xanax) – State v. Ms. B. (DMC No. 10268) (Scottsdale City Court TR-2010007867): Ms. B. was pulled over at 116th Street & Shea for allegedly travelling at a high rate of speed and striking a curb.  She was ultimately contacted and appeared to be very unsteady on her feet.   She told officers that she had had surgery and was taking Soma and Xanax per her doctor’s instructions.  We are also able to present evidence from her doctor that she had a thyroid condition.  Ultimately we convinced the prosecutor to dismiss all charges.

DISMISSED | DUI DRUGS (Adderall) – State v. Ms T. (DMC No. 10736) (Scottsdale City Court TR2011-019886): Ms. T. was pulled over for a minor traffic violation in downtown Scottsdale.  When the officers gave her a breath test, it only revealed a .028 BAC.  She admitted to taking Adderall due to her ADHD.  Officers then gathered a urine sample and cited Ms. T. for DUI drugs.  Due to the various issues with collecting the urine, and the fact that the Scottsdale Crime Lab did not produce the urine results in a timely fashion, we were able to get all criminal charges dismissed.

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