NOT CHARGED | SUPER EXTREME DUI (.269 BAC) – State v. Mr. W. (DMC No. 10869) (DPS DR2011-040660): Mr. W. was stopped at Val Vista Road & the US 60 for making an illegal right turn and striking a curb.  He was subsequently given a series of field sobriety tests and provided a breath test reading which resulted in a .269 BAC.  Although the officer attempted to cite Mr. W. into the East Mesa Justice Court, he waited too long to do so and the statute of limitations subsequently ran.  We were able to prevent any attempts to file charges after that date.

NOT CHARGED | EXTREME DUI (.230 BAC with prior)  – State v. Mr. S. (DMC No. 10171) (Apache Junction Police Department DR100616011):  Mr. S. was stopped by Apache Junction Police while travelling on Apache Trail.  He was pulled over for having a cracked windshield.  He subsequently was arrested for DUI after submitting to a portable breath test which revealed a .230 BAC.  We were able to argue that there was no reasonable suspicion to stop, prior to the case being formally charged and no charges were ever brought.

NOT CHARGED | EXTREME DUI (.198 BAC) – State v. Mr. P. (DMC No. 10319) (White Tank Justice Court/DPS DR2010-058204):  Mr. P. was pulled over by DPS Officer on Glendale Avenue & 116^th Avenue.  He was accused of travelling 70 MPH in a 45 MPH zone.  He was ultimately stopped and given field sobriety tests.  His breath test revealed .198 blood alcohol, and he was booked into jail. Due to discovery issues, the case was delayed beyond the statute of limitations and no charges were brought.

NOT CHARGED | EXTREME DUI (.181 BAC) – State v. Mr. A. (DMC No. 6763) (Mesa Police Department DR20052590417): Mr. A. was 81 years old and had been struck in the rear of his vehicle by another vehicle.  A police investigation ensued in which they gave him field sobriety tests in violation of the police policy regarding age.  Although Mr. A. had a blood alcohol content of .181, he was on multiple medications and had multiple health issues.  After we contacted the Court and Prosecutor, they decided not to proceed with actually charging Mr. A.

NOT CHARGED | DUI (.143 BAC) – State v. Mr. B. (DMC No. 6019) (West Mesa Justice Court/Salt River Indian Reservation DR04-12460): Mr. B. was accused of swerving while driving south bound on the Loop 101 near McDowell Road.  Mr. B. gave the eye test, then the officer requested more tests.  Mr. B. refused, and stated he wanted to talk to his lawyer.  Ultimately, blood was drawn, and a .143 reading was obtained.  We were able to delay the case until the statue of limitations ran, and no charges were brought.

NOT CHARGED | DUI (.140 BAC) (DMC No. 3829): Mr. L. was involved in an accident and taken to the hospital where blood was drawn and given to the police as evidence. The hospital records showed that the BAC was .140%. Mr. L. denied drinking to the police officers, and stated that he had just returned from a 2-week trip in Asia and was “jet lagged,” causing him to fall asleep at the off-ramp when he had his accident. Due to the delay in obtaining his blood test results and bringing forth the case, we were able to keep the prosecutor’s office from filing charges due to speedy trial right violations.

NOT CHARGED | DUI, State v. Mr. L. (DMC No. 9825) (DPS DR# 2009-022207): Mr. L was pulled over for allegedly weaving on the U.S. 60 in the area of Greenfield Rd. After he was stopped the officer smelled an odor of alcohol. Preliminary Breath Test was given which revealed an .083, and Field Sobriety Tests were then administered. During the time that the Prosecution was waiting for blood results, we contacted their office and were able to explain that Mr. L’s Right to Counsel was violated when he was not given a private phone call that night when he asked to speak to our office. The Prosecutor decided not to file charges.