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Category Archives: Encanto Justice Court Victories

NOT GUILTY/COMPLETE ACQUITTAL at JURY TRIAL| EXTREME DWI (.157 BAC), DUI & DWI with ACCIDENT – State v. Mr. S (DMC NO. 13054) Aug 26, 2015 (Encanto Justice Court Case NO. TR2014-153715): Mr. S had been with his wife at the Twin Peaks Brewery in order to watch a Cardinals game. They had eaten lunch and had some beers before they left. As they were driving on the I-10 freeway and exiting an off-ramp at 7th Street in Phoenix, he collided with a vehicle who stopped midway through a right hand turn. Once the Police arrived, Mr. S was put through various Field Sobriety Test’s and performed flawlessly. He was ultimately given a breath test with revealed a .157 BAC.

At Jury Trial we were able to show that the alleged BAC reading must have been flawed due to the perfect performance of Mr. S on his Field Sobriety Test’s. Both the arresting Officer and our expert agreed that there must be something wrong with the reading. The Prosecutor tried to argue (unsuccessfully) that the Officer wasn’t very good at his observations during the Field Sobriety Test’s. In other words, the Prosecutor tried to say he was a deficient Officer and that the Field Sobriety Test’s results should be discounted. The Jury did not buy that argument and found Mr. S Not Guilty of All Charges. He was facing 30 days minimum in Jail.

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DISMISSED | SUPER EXTREME DUI (.215 BAC) DISMISSED due to PHLEBOTOMIST UNAVAILABILITY ISSUE – State v. Ms. J. (DMC No. 6704) (Encanto Justice Court TR05-00310CR): DPS Officers were dispatched to an automobile accident at the on ramp of 101 & Cave Creek. When they arrived, Ms. J. was standing outside of the vehicle. She performed field sobriety tests and then was arrested and taken to the station where she provided a .215 BAC. During the Discovery phase of the case, we wished to compel an interview of the phlebotomist who drew Ms. J.’s blood. Due to issues with that phlebotomist, we were able to have the entire case dismissed.

EXTREME DUI (.166 BAC) DISMISSED DUE to ACTUAL PHYSICAL CONTROL ISSUE – State v. Mr. B. (DMC No. 6502) (Encanto Justice Court No. TR05-54303CR): Mr. B. was found pulled over at the Gore Point of the west I-10 and 7th Avenue on ramp. The door of his vehicle was open, the engine was off and Mr. B. was sitting in the driver seat. The officer contacted him, and Mr. B. said he was waiting until he was “sober enough to drive”. He was arrested for DUI and cited for Extreme DUI once he produced a .166 breath test at the station. We argued that he was not in “Actual Physical Control”, which is an exception in the law that exists for those who pull over in order to have “safe harbor”. The State agreed, and all charges were dismissed.

DISMISSED | EXTREME DUI (.150+ BAC) – State v. Mr. Z. (DMC No. 5802) (Encanto Justice Court TR05-00087CR):  Mr. Z. was pulled over for allegedly squealing his tires at 1 in the morning and speeding. The officer pulled him over and Mr. Z. was ultimately arrested for DUI and taken to the station. He provided a .150+ BAC and was charged with extreme DUI. We filed Motions compelling all Discovery, and the State was delayed in producing the “calibration checks” on the blood testing device. We filed a Motion to Dismiss and the State was unable to provide records before the Evidentiary Hearing. They moved to dismiss all charges.

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