DISMISSED | FELONY AGGRAVATED DUI (.243 BAC) – State v. Mr. J. (DMC No.10450) (Maricopa County Superior Court CR2011-118320): Mr. J. was observed pulling out of the Dos Gringos bar at Greenfield Road in Gilbert.  Due to various construction and the lack of painted lanes, a Gilbert Officer testified he was almost struck by Mr. J.   Through various photos presented at an Evidentiary Hearing, we could show that a raised concrete median made it impossible to properly exit and turn north bound from that particular bar.  Even though Mr. J. provided had a blood sample of .243 BAC, the judge granted our Motion regarding No Reasonable Suspicion to Stop at Evidentiary Hearing and dismissed all charges.  Mr. J. had been facing a minimum of 4 months in prison, and a maximum of 3.75 years prior to the dismissal.

DISMISSED | FELONY AGGRAVATED DUI (.174 BAC) DISMISSED at EVIDENTIARY HEARING due to DENIAL of INDEPENDENT TEST – State v. Mr. G. (DMC No. 5050) (Maricopa County Superior Court CR2004-041814): Mr. G. was found passed out behind the wheel of his truck in the middle lane of Priest Road in Tempe. He subsequently performed FST and was placed under arrest for felony aggravated DUI because he had two prior misdemeanor DUI’s. When he was booked into jail, he was not informed of his right to have an independent blood test administered. We were able to file a Motion and have the case dismissed at Evidentiary Hearing.

DISMISSED | FELONY AGGRAVATED DUI (.118 BAC) – State v. Mr. T. (DMC No. 5622) (Maricopa County Superior Court CR2005-005588) DISMISSED at EVIDENTIARY HEARING due to RIGHT to COUNSEL ISSUE: Mr. T. was found in his vehicle sleeping roughly 3 to 4 feet away from the curb. The car was in park, and the lights were off. Due to a prior DUI and suspended license, Mr. T. was charged with felony aggravated DUI. Because of potential actual control issues, and denial right to counsel, several Motions were filed. At Evidentiary Hearing, the Judge found that Mr. T.’s right to counsel was violated, and the case was dismissed.

DISMISSED | FELONY AGGRAVATED DUI (Maricopa County Superior Court No. CR2003-033448): Mr. Z. had 2 prior DUI’s. He had not had a DUI in over a year when Chandler Police Department showed up and arrested him for a warrant for an alleged aggravated DUI. We were able to show through a double jeopardy motion that once he had plead to his second DUI, jeopardy attached and he could not now be charged with a felony. Subsequently we had the prosecutor file a Motion to Dismiss all charges.