NOT CHARGED | DUI – State v. Mr. W. (DMC No. 6731) (Phoenix PD DR2005-51205460): Mr. W. was parked off to the side of the road by a barricade when he was woken up by officers pounding on the door. The car was left running in order to run the air-conditioner. Mr. W. was pulled out of the car and arrested immediately, without field sobriety tests. He then passed out and was taken to the hospital, where a blood draw was obtained. Due to the fact that Mr. W. had diabetic issues, and his blood alcohol content was only a .066 (below the legal limit), after we contacted the prosecutor’s office they chose not to file any charges.
January 10, 2013
NOT CHARGED | DUI – State v. Mr. C. (DMC No. 6734) (Pinal County Sheriff’s Department DR050930125): Mr. C. was stopped by officers at Ocotillo & Arbor Road in Pinal County based on an anonymous call. The officer smelled alcohol and made him perform various field sobriety tests. Although the officers claim they saw Mr. C. driving, he was adamant that he had been parked off to the side of the road for at least 30 minutes. Subsequently, a warrant was obtained to draw his blood and due to various issues, the State was unable to bring charges within the 1 year of statute of limitations.
January 9, 2013
NOT CHARGED | DUI – State v. Mr. T. (DMC No. 10831) (Ironwood Justice Court/DPS DR11-162936): Mr. T. was involved in a minor rear-end collision at 363rd Ave & Buckeye Road. The officer alleged that Mr. T. had appeared to have been drinking. Mr. T. indicated that he thought perhaps his drink had been “laced”. No field sobriety tests were given, and he refused to do any blood or breath tests. Ultimately, we convinced the prosecutor that they did not have enough evidence to bring charges.
January 9, 2013
NOT CHARGED | DUI; OPEN CONTAINER and CONSUMPTION WHILE DRIVING DISMISSED – State v. Mr. Z. (DMC No. 5906) (Arrowhead Justice Court/DPS DR05-003681): Mr. Z. was involved in a traffic collision on HWY 60 near mile post 146. He had an open container in his car and had admitted to drinking while driving. Because he had some injuries, no field sobriety tests were given. Because of discovery issues, we were able to convince the prosecutor to dismiss the open container and consumption while driving charges. In addition, no DUI charges were ever brought.
January 9, 2013
NOT CHARGED | DUI DRUGS (Depakote, Sapharis, Lithium, Edluar, Adderall) – State v. Ms. M. (DMC No. 10773) (West McDowell Justice Court/DPS DR2011-030389): Ms. M. was observed leaving the west bound 10 to the 7th Street off ramp when she drove up on the dirt median and then drove off. The officer stopped her and claimed she appeared intoxicated. She admitted to being on several prescription medications due to two new knee replacements in the last 6 months. The officer still attempted to give her field tests, even though she wasn’t fully healed. After we contacted the officer the State chose not to proceed with charges.
November 9, 2012
NOT CHARGED | DUI – State V. Ms. R. (DMC No 9534) (Gilbert City Court No. 2009-000007298): Ms. R. had been stopped by the Gilbert Police department for allegedly driving extremely erratic. Gilbert PD was called by an off-duty Chandler Police officer who alleged he watched this driving behavior. Upon contacting Ms. R., it was discovered that she also had possession of dangerous drugs and drug paraphernalia. She was subsequently taken to a hospital where nurses informed the police that Ms. R. had stated she had taken 20 somas and two other types of medication approximately 10 hours previous. Because of the questionable stop, and the violation of the doctor patient privilege (combined with officers potentially obtaining Ms. R’s blood sample improperly from the hospital), we were able to convince the prosecutor not to file charges.