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Category Archives: 4AA DUI Drugs Reduced

Mr. B was a student at Northern Arizona University, and he had several of his dorm mates in his car when he pulled up to Sechrist Hall. Officers made contact and began a dui investigation. After Mr. B was arrested, a small film canister with an amount of marijuana was found inside. He also provided a blood test which revealed a .131 bac.

He was ultimately charged with dui drugs and hired our firm to represent him in the flagstaff justice court. Because mr. B was facing a dui drugs charge, he would have lost his license for 1 full year if he would have been convicted. We were able to convince the prosecutor to dismiss the dui drugs charge, and instead have mr. B simply pled to a regular alcohol dui with a minimum of 1 day in jail. Originally the prosecutor wanted 5 days in jail, but we presented mitigation evidence, along with mr. B’s school schedule in order to convince the prosecutor to offer the minimum 1 day in jail.

POSSESSION of DRUG PARAPHERNALIA DISMISSED / DUI DRUGS (MARIJUANA) REDUCED to REGULAR DUI (ALCOHOL) – State v. Mr. B (DMC No. 9016) (Round Valley Justice Court CR09-0142): Mr. B was coming back from a ski trip when he was stopped on State Route 260 at milepost 375 near Round Valley, Arizona. The Officer smelled the odor of Marijuana and had Mr. B exit his vehicle. He subsequently conducted a Drug Recognition Evaluation (DRE) and arrested Mr. B based on a DUI Drugs charged. After he was arrested, 3 small baggies of Marijuana were found. Due to the questionable nature of the stop at subsequent search, we were able to convince the Prosecutor to dismiss the Felony Possession of Marijuana/ Possession of Drug Paraphernalia charge. In addition, he converted the DUI Drugs charge to a DUI Alcohol charge.  If Mr. B were convicted of DUI Drugs, he would have had his license suspended for 1 full year. Because he was only being convicted of DUI Alcohol, he was able to get his license back after 30 days.

REDUCED | DUI DRUGS (Diazepam, Nordiazepam) REDUCED to SPEEDING and LANE VIOLATION TICKET – State v. Ms. B. (DMC No. 8600) (Sedona City Court TR2008-3347): Sedona Police responded to the report of an accident on Airport Road.   There they contacted Ms. B. who had struck a guard rail.  Ms. B. stated that she was upset because she had gotten into a fight with her boyfriend.  She also admitted that she had also taken one pill of Diazepam as prescribed by her doctor.  The police still arrested her for DUI and obtained a blood specimen showing the presence for Diazepam and Nordiazepam.  We convinced the Prosecutor that they would not be able to prove that she was abusing her prescription, and they agreed to dismiss the DUI and instead simply have her plead to a simple Speeding and lane violation ticket.

REDUCED | DUI (Scottsdale City Court No.: 200312810CR): Mr. V. was stopped for allegedly weaving in and out of his lane. He subsequently stopped and the officer stated he had slurred speech. He also stated he took allergy medication and had two (2) more pills than the recommended dosage. He was subsequently arrested for DUI in Scottsdale, and a warrant was obtained in order to draw his blood. Although his blood test came back above the legal limit, we were able to convince the prosecutor that any impairment observed was due to allergy medication. An offer to reckless driving was obtained with zero days in jail.

DUI DRUGS (marijuana) REDUCED to RECKLESS DRIVING with ZERO DAYS in JAIL – State v. Mr. B. (DMC No. 4766) (Fountain Hills City Court TR2004-01314): Mr. B. was pulled over on Fountain Hills Boulevard for allegedly speeding in a school zone.  Once Mr. B. was pulled over, the officer claimed he could smell marijuana.  Mr. B. admitted that he had smoked in the last 24 hours, and a Drug Recognition Evaluation (DRE) was performed on Mr. B.  The officer came to the conclusion that Mr. B. was impaired by marijuana and cited him for DUI Drugs. Because the stop was potentially Unreasonable, we were able to convince the Prosecutor to reduce the DUI Drug charge down to a simple Reckless Driving with zero days in jail.

REDUCED | DUI DRUGS (Hydrocodone, Xanax & Morphine) REDUCED to Reckless Driving – State v. Ms. R. (DMC No. 10756) (Avondale City Court 2011-05024): Ms. R. was accused of being in a single car accident at Granada Road & 109th Drive.  She had been fasting for a future medical procedure and after the accident suffered a panic attack.  She then took various prescription medications.  We were able to have her Doctor send a letter indicating that under therapeutic doses, that the drugs would not have affected her driving.  Most likely the accident was caused by her fasting.  The State ultimately reduced the charge from DUI drugs to a mere reckless driving.

REDUCED | DUI DRUGS (Diazepam & Clonazepam) REDUCED to Reckless Driving – State v. Ms. B. (DMC No. 6168) (Mesa City Court 2005075572): Ms. B. was accused of swerving all over the road by an unknown 911 caller in the location of Baseline & Gilbert Road.  After being stopped by police, she was accused of being under the influence of Diazepam & Clonazepam although Ms. B. admitted to taking prescription medications, no drugs were found in her system.  The case was ultimately reduced to a mere reckless driving with zero days in jail.

(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 DRUGS (Cocaine, methamphetamine, marijuana) REDUCED to DUI ALCOHOL – State v. Mr. E. (DMC No. 5045) (Maricopa County Juvenile Court JV538791): Mr. E. was stopped for allegedly rolling through a stop sign.  Upon contact, the officers stated that he had smelled of alcohol.  He admitted to drinking 1 beer, then they asked him about marijuana.  When he admitted smoking, he was placed under arrest and a urine sample was taken, which showed cocaine, methamphetamine, and marijuana.  Mr. E. was facing the loss of his license until he was 21, followed by another 1 year suspension due to the DUI drugs.  We were able to keep the case in juvenile court, and he has no drug conviction on his record because we had the case reduced to an “alcohol” charge.

REDUCED | DUI DRUGS (Valium, Temazepam, Clonazepam) REDUCED to DUI ALCOHOL – State v. Mr. C. (DMC No. 5042) (Tolleson City Court TR2004-0696): Mr. C. was seen driving erratically prior to turning into the parking lot of a liquor store located at 9312 W. Van Buren Street.  He struck an exterior wall, and then was subsequently contacted by police.  He was processed for a DUI and then provided a urine sample which revealed metabolites of Valium, Temazepam and Clonazepam.  Mr. C. had various medical issues which required the use of those prescription drugs.   Due to his medical issues, we were able to show the Prosecutor that he was not impaired by drugs, but instead by a small amount of alcohol he had consumed prior.  By having the charge reduced down from DUI “drugs” to DUI “alcohol”, we were able to save Mr. C. from a 1 year license suspension, which would have prevented him from driving to the doctor’s office for his treatments.

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