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.
January 8, 2014
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.
January 8, 2014
(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.
January 8, 2014
NOT CHARGED/DISMISSED | POSSESSION OF MARIJUANA NOT CHARGED DUI/DRUGS (Marijuana, .080 BAC) DISMISSED – State v. Ms. G. (DMC No. 10743) (West Mesa Justice Court/Salt River Indian Reservation DR2009-34939): Ms. G. was pulled over on Indian School Road & north Pima Road on the Indian Reservation. She’s accused of having an unilluminated license plate. A subsequent blood test revealed a .080 blood alcohol content and have metabolite of marijuana. The officer also claimed he found a small amount of marijuana in the car. Due to various discovery, issues along with a potential Miranda rights violation, all charges were dismissed regarding the DUI drugs and driving and the possession of marijuana was not charged.
January 7, 2014
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.
January 7, 2014
DISMISSED/REDUCED | UNDERAGE DRINKING and DRIVING (.071) REDUCED to reckless driving with zero days in jail/FICTITIOUS LICENSE DISMISSED – State v. Ms. J. (DMC No. 10757) (University Lakes Justice Court TR2012-120607): A Tempe Police Officer saw Ms. J. and her female friend walking on Rural from Apache and they appeared to be unsteady on their feet. He then pulled around and waited for them to get in their truck and drive, before pulling them over for allegedly weaving. Ms. J. was subsequently given a breath test which revealed a .071, and was charged for underage drinking and driving, along with having a fictitious driver’s license. We were able to show the prosecutor that the stop was questionable, and they agreed to reduce the charge down to a simple “reckless driving” with zero days in jail. They also dismissed the fictitious license ticket. The fictitious license and underage drinking and driving charges would have both caused Ms. J. to lose her driver’s license until age 21.
January 6, 2014
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.
January 6, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Case Victories, Fountain Hills City Court Victories
DUI (.069 BAC) DISMISSED – State v. Mr. R. (DMC No. 4713) (Fountain Hills City Court TR2004-00859): Mr. R. had been seen at 1:20 in the morning travelling 69 mph in a 50 mph zone at Palisades and Shea Roads. He was subsequently stopped and put through field sobriety tests. He was wearing flip flops at the time, and he removed them and did the tests in bare feet. Mr. R. was from South America, and his English was broken at best. He subsequently provided a breath of .069 and was released. Due to all of the issues with his language, and the fact that the field sobriety test were very suspect since he did them with bare feet, we secured a dismissal of the DUI charge.
January 6, 2014
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.
January 6, 2014
NOT CHARGED | FELONY AGGRAVATED DUI (.164 BAC) – State v. Ms. M. (DMC No. 5282) (ASU Police Department DR03-1126): A Police Officer on a bicycle claimed that Ms. M.’s car drifted over the line and almost struck him. He wrote down what he felt was the license plate, and the car was later found at the Wells Fargo area of ASU property. When Ms. M. was contacted, the vehicle was in park and the engine was running. She was subsequently arrested and charged with felony aggravated DUI because her license was suspended. We were later able to show the Prosecution that the case had issues regarding “actual physical control”, and we showed them that the original blood had been destroyed and was no longer in the State’s possession. No charges were brought against Ms. M.