NOT CHARGED/REDUCED | MANSLAUGHTER NOT CHARGED/REDUCED to Misdemeanor DUI – State v. Mr. T. (DMC No. 7216) (East Mesa Justice Court No. TR2006-172224): Mr. T. was traveling westbound on University Drive in Mesa when an individual attempted to cross University diagonal to the flow of traffic. He was unfortunately struck and killed. Mr. T. was interviewed by police and he admitted to using marijuana in the prior 24 hrs. We were able to convince the State that no individual would have been able to stop in time to avoid the collision. In addition, we were able to show that the marijuana would not have affected his ability to drive. Although we convinced the State to not file Manslaughter charges, they did file charges for DUI with a metabolite of marijuana in System. The case was ultimately resolved as a Misdemeanor DUI Drugs with 1 day in jail – even though it started out with Mr. T. facing a potential 21 years in prison.
DISMISSED | SUPER EXTREME DUI (.234 BAC) (WITH A PRIOR CONVICTION) DISMISSED – State v. Mr. P. (DMC No. 10606) (East Mesa Justice Court 1281439): Mr. P was stopped for making an improper left run at Recker Road in University in Mesa. He subsequently provided a blood test which revealed a .234 BAC. Originally, the officer cited Mr. P. into the East Mesa Justice Court (even though it was a Mesa City Police Officer). Due to the confusion between the Mesa City Court, and the East Mesa Justice Court, we were able to prevent the charges from being filed in the proper court within the 1 year statute of limitations, and the original charges were dismissed.
DISMISSED | DUI (.147) – (East Mesa Justice Court No. 03-04769CR): Ms. K. was pulled over for only having one headlight on, and traveling 80 mph on the freeway. Upon contact with the officer, she performed moderately okay on Field Sobriety Tests, and produced a .147% BAC. Because the State was having trouble convincing witnesses to appear for defense interviews, we were able to file a Motion to Preclude their testimony. The State was then forced to dismiss all charges.
DISMISSED | DUI (.130 BAC) (DMC No 9934) (East Mesa Justice Court No. TR2009-147904): Mr. G. was stopped by an officer for traveling 47 MPH, the officer told Mr. G. that the speed limit was 30MPH, and when Mr. G. pointed at the speed limit sign which said 45MPH, the officer then said that his tire touched the lane divider line one time. He was subsequently arrested and was charged with Extreme DUI. His blood sample came back at .130 (below the extreme level). We filed a motion to dismiss for no reasonable suspicion to stop and the judge agreed, dismissing all charges.
REDUCED | OUI (DUI on a boat, .074 BAC) REDUCED to reckless operation of watercraft with zero days jail – State v. Mr. J. (DMC No. 10279) (East Mesa Justice Court 2011-065748): Mr. J. was pulled over by MCSO Deputies for not displaying a ski flag while boating. He subsequently was processed for DUI and was given a hand held breath test that revealed a .082. A later test at the Bartlett Lake aid station revealed a .074 BAC. Due to the questionable nature of the stop, we were able to have the charge reduced to a mere “reckless operation of watercraft” with no days in jail.
(DMC No. 9848) (East Mesa Justice Court No. 2010-129623): Ms. K. was pulled over boating on the lake for allegedly creating a wake in a no wake zone. She was then processed for DUI and produced a breath sample of .092. Because of her high body weight (250 lbs.) and questionable field sobriety tests, we were able to secure a plea to reckless boating.
If you have questions regarding a DUI on a boat in Arizona (OUI) then please call our offices at (602) 307-0808.
(East Mesa Justice Court No.: 03-01854CR): Ms. S. was stopped for allegedly travelling 94mph and weaving. She performed poorly on field tests, and she told the officers she was feeling sick, and then vomited outside of the patrol car. She stated she was sick because she had “too much to drink”. Although both her breath and blood tests were above the legal limits, we were able to obtain an offer to a reckless driving just prior to trial.
Mr. T was seen by a DPS Officer in the area of Sossaman and Rittenhouse speeding and attempting to pass in an unsafe manner. He was pulled over and given a verbal warning. 20 minutes later, the Officer claimed that Mr. T passed him at the location of Baseline and Power Road and “burned or chirped” his tires. He was then pulled over and cited for Exhibition of Speed under Arizona Revised Statute ARS 28-708(A). We were able to show the Prosecutor that Mr. T was merely attempting to make the light, and that the Officer was upset at Mr. T for the incidence that happened 20 minutes earlier. The Prosecutor agreed to reduce the criminal ticket down to a simple civil Speeding and Weaving ticket with a small fine.
(East Mesa Justice Court No. 03-06538CR): Mr. Z. was stopped for traveling 35 in a 50 mph zone. He was also weaving. When officers contacted him, they noted he was obese and he stated he had 3 beers. He also told the officers he had diabetes. We were able to point out that impairment the officer was witnessing was due to a blood sugar dip. Due to Mr. Z.’s condition, we were able to have the State dismiss the DUI charges.