State v. Ms. S. (Downtown Justice Court No. 03-02414CR): Ms. S. was seen travelling the wrong way on a one way street in downtown Phoenix. She was ultimately contacted and performed poorly on field sobriety tests. She provided a breath BAC of a .159, and then she was questioned by police. Because she was a juvenile, they did no read her her juvenile Miranda Rights and we threatened to have all statements thrown out, along with the breath test. The state then offered a plea to Minor Driving with Alcohol in System.
(Tempe Municipal Court No. 06-961209-2CR): Mr. W. made a left hand turn at 8th Street and Rural Rd. against the signs which stated, “No left turn.” He was subsequently stopped and admitted to drinking at Four Peaks Brewery. After he was arrested, he provided a .155 breath test to the police. We were able to contact the Tempe City Engineer’s Office and show that these particular left-hand turn signs were not in the proper area and were not completely visible to traffic. We convinced the prosecutor to dismiss the DUI’s in exchange for an Endangerment plea.
EXTREME DUI (.168 BAC) REDUCED to RECKLESS DRIVING/UNDERAGE DRINK and DRIVE with ZERO DAYS in JAIL – State v. Mr. M. (DMC No. 8745) (Prescott Justice Court 2009-031145J): Mr. M. was seen by a DPS Officer travelling north on State Route 89 at Mile Post 313. The officer said that Mr. M. was weaving within his lane, and travelling 62 in a 50 mph zone. After Mr. M. was pulled over, it was discovered he was underage and had been drinking. He was eventually brought to the station where he provided a .168 blood test. Because Mr. M. had been booked into jail and not informed of his right to obtain an Independent Blood Test at a hospital of his choosing, we were able to convince the Prosecutor to reduce the Extreme DUI to non DUI charges of Reckless Driving and Underage Drink and Drive, both with zero days in jail. Originally Mr. M. was facing 30 days in jail.
EXTREME DUI (.165 BAC) REDUCED to RECKLESS with ZERO DAYS JAIL – State v. Mr. S. (DMC No. 5461) (Kyrene Justice Court TR05-50506CR): Police were received a call regarding a person passed out in his vehicle on the westbound I-10 near the side of the road. When police arrived, the reporting party was gone, and Mr. S. was found in his vehicle with his hazard lights on, trunk open and a spare tire leaning up against the front driver side. The key was ignition, but the engine was not on. Mr. S. was arrested for extreme DUI, and provided a .165 BAC breath test. Due to various issues regarding “Corpus” and “Actual Physical Control”, we were able to have the case reduced to mere “reckless driving” with zero days in jail.
REDUCED at JURY TRIAL | EXTREME DUI – State v. Mr. R. (DMC No. 5351) (North Valley Justice Court TR04-06102CR): REDUCED at JURY TRIAL to RECKLESS with ZERO DAYS JAIL Police received a call regarding a man breaking a window at a house. Police were told that Mr. R. was now at a hotel suite. When the officer arrived at a hotel parking lot, he saw Mr. R. getting out of the vehicle and walking. He subsequently arrested him and he was taken to a station for DUI where he produced a .158 BAC breath test. Mr. R. asked for an “independent blood test”, and he was told he asked for that after he was booked. Once he was booked into jail, he never got the opportunity for an independent test. Just prior to jury trial, the State relented and agreed to dismiss the extreme DUI in exchange for a plea to “reckless driving” with zero days jail and a small fine.
EXTREME DUI (.193 BAC) REDUCED to REGULAR DUI with 1 DAY in JAIL – State v. Mr. B. (DMC No. 5098) (Buckeye City Court TR2004-1112): Police were called to a Love’s Truck Stop when it was alleged that Mr. B struck one of the gas pumps with his trailer. Upon contact, they noticed an odor of alcohol and they arrested him for DUI. He provided his first breath test which revealed a .193 BAC, and then he asked to call a lawyer. He spoke to an attorney at our office, and the subsequent breath tests were taken which had a more than a .020 variance in between them. Due to this potential defense, we secured a “non extreme” regular DUI with one day jail offer. Mr. B was originally facing a minimum of 30 days in jail.
REDUCED | EXTREME DUI (.187 BAC) REDUCED to Regular DUI – State v. Mr. W. (DMC No. 7284) (Chandler City Court No. 07-C-2918892): Mr. W was stopped for driving without his taillights on. Once he was stopped, they asked if he had been drinking and he stated “probably too much to be driving”. He subsequently was arrested and taken to the station which he provided a .187 Blood Alcohol Content. Because Mr. W is an Airline Pilot and an Extreme DUI Conviction would have harsh consequences on his ability to earn a living, we were able to secure a deviation offer from the Prosecutor to a Regular DUI.
State vs. Mr. K. (DMC No. 9940) (Apache Junction Justice Court No. TR2010-06937): Mr. K. was 62 years old and had a bad heart. He was seen making a sharp turn and then was paced travelling 48 m.p.h. in a 35 m.p.h. zone. He was also taking some medication for his heart. Mr. K. had a commercial driver’s license and an Extreme DUI would cost him that license if he were to be convicted. When he was taken to the station he provided a breath sample of .186 breath alcohol content. Due to his health situation, we were able to convince the prosecutor that they would have difficulty prevailing at trial and they extended an offer to a regular DUI with 1 day in jail, which saved Mr. K’s drivers license.
Have you been arrested or suspected of a DUI in the East Valley? Hiring a DUI lawyer in Chandler who actually knows the judges can help your case tremendously. You can schedule your free consultation by calling our office at (602) 307-0808.
REDUCED | EXTREME DUI REDUCED to Regular DUI – State v. Mr. P. (DMC No. 7305) (Wickenburg City Court No. TR2007-0495): A police officer was contacted by a citizen in a Basha’s parking lot, who claimed they saw Mr. P driving impaired. The officer observed Mr. P enter his vehicle and then pull out of the parking lot. He was subsequently stopped and arrested for a DUI which revealed a .182 breath alcohol reading. We were able to show that this neutral “civilian witness” was actually the daughter of the woman that Mr. P had been dating. She apparently had a grudge against Mr. P. In addition, there were issues with finding the video tape of the stop that the officer should have maintained with his patrol car. We were able to convince the Prosecutor’s to offer a regular DUI and 1 day in jail instead of an Extreme with possibly 30 days in jail.
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REDUCED | EXTREME DUI REDUCED to Regular DUI – State v. Mr. B (DMC No. 7283) (North Valley Justice Court No. TR2007-1277140): Mr. B was observed stopped in the middle of the road on Happy Valley Rd. The officer honked his horn and had Mr. B pull off the roadway. He subsequently noticed that Mr. B had been drinking, and he arrested him for DUI. Once at the station Mr. B provided a .176 breath alcohol reading. Because Mr. B was a student and the Extreme DUI would have such negative consequences, we were able to convince the Deputy County Attorney to offer a Regular DUI.