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Category Archives: 4 Regular DUI & DWI Reduced to Non-DUI

DUI (.133 BAC) REDUCED to SPEEDING/WEAVING TICKET due to ACTUAL PHYSICAL CONTROL ISSUE – State v. Mr. H. (DMC No. 4687) (Tempe City Court 04-725857): Mr. H. was observed in the City of Tempe sitting in his car parked in an alley way while he was sleeping and the engine was running. Officers woke him up and arrested him for DUI. He eventually provided a .133 BAC. We argued he was not in “Actual Physical Control” of his vehicle, and the State relented and offered a plea to a mere “speeding” and “weaving” ticket (what is known as “points”), in exchange for getting rid of the DUI charge.

DUI (.107 BAC) REDUCED to SPEEDING/WEAVING TICKET due to IMPROPER LABELED BLOOD VIAL – State v. Mr. B. (DMC No. 6117) (Chandler City Court 05-C-2666461): Mr. B. was involved in a traffic accident, when officers pulled up and found him standing near his car. He initially denied driving and refused all sobriety tests. He was arrested and provided a .107 blood test. Due to the improperly labeled blood vial, we made an argument that the reading would not be admissible evidence. The Prosecutor agreed, and amended the DUI charge down to a simple “speeding” and “weaving” ticket.

DUI (.089 BAC) REDUCED to WEAVE/SPEEDING TICKET – State v. Mr. D. (DMC No. 5391) (Kyrene Justice Court TR05-52034CR): Mr. D. was travelling on Priest Road in Tempe when he was observed driving with one headlight out. The officer pulled him over and eventually put him through field sobriety tests. Mr. D. was arrested and provided a .089 BAC at the DUI van. We were able to argue that the stop may have been questionable, and the Prosecutor agreed to reduce the charge down from DUI to a simple “weave” and “speed” ticket.

DUI (.082 BAC) REDUCED to WEAVING/SPEED TICKET – State v. Mr. H. (DMC No. 5315) (Scottsdale City Court TR2005-00606): Mr. H. was pulled over near Thomas Road and 68th Street in Scottsdale for allegedly weaving. He was subsequently arrested for DUI and provided a .082 BAC. Because he was pulled over during an East Valley DUI “task force”, we argued that this was a “pre-text” stop, and that the officer was merely trolling for DUI’s. The Prosecutor initially offered a reckless driving, but we were able to convince them to lower it to a simple “speeding” and “weaving” ticket.

(030053CR): Mr. B. was stopped by Gilbert Police during a East Valley DUI Task Force. He provided a breath sample of .082 BAC, and did well on Field Sobriety Tests. We were able to negotiate a plea to a speeding ticket once we pressured the prosecutors.

REDUCED | DUI (.077 BAC)/OPEN CONTAINER REDUCED to SPEEDING and WEAVING TICKET – State v. Mr. H. (DMC No. 10748) (Manistee Justice Court TR2012-116195): Mr. H. was pulled over by a DPS Officer for allegedly weaving into the right shoulder of the roadway.  After he was stopped, the officer claimed that Mr. H. had watery and blood shot eyes and a full mouth of Mentos breath fresheners.  The officer then claimed Mr. H. failed field sobriety tests, arrested him and took him to the station where he provided a .077 BAC on his breath test.  The officer also cited Mr. H. for an Open Container for having an open New Castle Beer in his car.  Because this stop was questionable, the Prosecutor agreed to dismiss the DUI and Open Container charges in exchange for a simple Speeding and Weaving ticket. Case was in Manistee Justice Court.

REDUCED | DUI (.069 BAC) State v. Mr. C. (DMC No. 10980) (Apache Junction City Court TR2012-01738): REDUCED to SPEEDING TICKET –  Mr. C. was stopped near the intersection of Meridian Drive and Apache Trail in Apache Junction for allegedly speeding.  He was subsequently administered various DUI tests and arrested.  Although the officer alleged that Mr. C. performed horribly on field sobriety tests, and produced a .099 on a preliminary breath test, his blood alcohol reading came back as .069.  We were able to show the Prosecutor the discrepancy between the low reading and the officer’s supposed observations, and they agreed to reduce the DUI to a simple Speeding ticket.

REDUCED | DUI (.067 BAC) REDUCED to SPEEDING TICKET – State v. Mr. L. (DMC No. 4994) (Florence Justice Court TR2004-0590): Mr. L. was travelling east bound on Price Road approximately a quarter mile east of State Route 79 in Florence, Arizona when he was pulled over for travelling 35 in a 15 mph zone.  The DPS Officer detected an odor of alcohol and arrested Mr. L. for DUI.  At the police station, Mr. L. provided a .067 BAC breath test.  Although the Prosecutor originally wanted Mr. L. to take a Reckless Driving conviction, we convinced him to dismiss the DUI in exchange for a simple Speeding ticket and a small fine.

(02593913CR). Ms. V. was stopped by police for allegedly cutting off a police officer. Police smelled alcohol on her breath and administered a Preliminary Breath Test (which revealed a .062 BAC), she was cited for Underage DUI. We alleged that there may have been no reasonable suspicion to stop her, and we secured an offer from the prosecutor to a speeding ticket with no license suspension and only a minor fine.

REDUCED | DUI (.056 BAC) REDUCED to OPEN CONTAINER and LITTERING TICKETS with ZERO DAYS in JAIL – State v. Mr. J. (DMC No. 6960) (Kingman/Cerbat Justice Court TR2006-08028/CR2007-0265): Mr. J. was seen in his vehicle travelling on the U.S. 90 at Mile Post 138 near Kingman, Arizona.  He was seen all over the road and tossing a Coke can from his vehicle.  When the officer made contact, he claimed he could smell an odor of alcohol and he began a DUI investigation.  Eventually Mr. J. was given a blood test which revealed a .056 BAC.  Because of Mr. J.’s age and his diabetes, combined with the low reading, we convinced the Prosecutor to dismiss the DUI charge in exchange for a simple Open Container and Littering ticket.

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