FELONY AGGRAVATED DUI (.125 BAC) REDUCED to a 6 open/misdemeanor with 1 day in jail – State v. Mr. S. (DMC No. 4843) (Maricopa County Superior Court CR2004-014717): Mr. S. was stopped on the Metro West Parkway on his motorcycle, in which his 8 year old daughter was riding in the back without eye protection or a helmet.  He was ultimately arrested for DUI and provided a breath test which resulted in a .125 BAC.  Even though he was charged with felony DUI and facing a potential of 2 years in prison, we were able to secure an offer in which he ultimately earned a misdemeanor and only served 1 day in jail.

REDUCED | FELONY AGGRAVATED DUI (.119 BAC) REDUCED to misdemeanor – State v. Mr. M. (DMC No. 6616) (Maricopa County Superior Court CR2005-032184): Mr. M. was stopped for allegedly failing to yield when pulling out of a private drive.  He was subsequently arrested a provided a breath alcohol sample of .119 BAC.  He was charged with felony Aggravated DUI and was facing a minimum of 4 months in prison, and a maximum of 3.75 years.  We were able to successfully attack the prior conviction, thereby forcing the prosecution to reduce his case to a misdemeanor.

FELONY AGGRAVATED DUI (.095 BAC) REDUCED to a misdemeanor DUI with 10 days in jail – State v. Mr. S. (DMC No. 10285) (Maricopa County Superior Court CR2011-108805): Mr. S. was driving in an unfamiliar roadway in Gilbert where two lanes merged into one.  When he realized he that was running out of roadway, he slowed to approximately 2 MPH in a 45 MPH zone.  An officer pulled him over and subsequently arrested him for DUI.  He provided a .095 blood test.  We were able to prove to the prosecutor that Mr. S. did not know his license was suspended from a previous DUI, and therefore they lacked a necessary element of AGGRAVATED DUI.  We secured an offer to a misdemeanor DUI with 10 days of jail.  Originally, Mr. S. was facing 4 months minimum in prison, up to 3.75 years maximum.

REDUCED | AGGRAVATED DUI (.093 BAC) REDUCED to a misdemeanor DUI with 1 day in jail – State v. Mr. M. (DMC No. 4701) (Maricopa County Superior Court CR2004-038051): Mr. M. was involved in a single-car accident at the US-60 north bound ramp to the 101 freeway.  When the officer arrived, there were two people standing outside the vehicle attempting to fix it. He was eventually arrested and provided a breath test which revealed a .093 BAC.  Due to the fact that he had a prior DUI and his license was suspended, he was charged with felony AGGRAVATED DUI and was facing 4 months minimum, up to 3.75 years in prison.  We were able to convince the prosecutor that they could not prove who the driver was under “Corpus Delicti”, and they agreed to offer a 1^st offense misdemeanor DUI with 1 day in jail.

FELONY AGGRAVATED DUI REDUCED to endangerment with 30 days jail – State v. Mr. G. (DMC No. 10427) (Maricopa County Superior Court CR2011-131229): Mr. G. was pulled over for allegedly speeding on 22^nd Avenue and Devonshire.  He was required to have an interlock device on his vehicle due to a prior DUI.  When he was arrested for AGGRAVATED DUI, the officers indicated he tried to resist, and they then slammed him to the ground.  The officers also admitted that he was originally pulled over for suspected drug dealing, then methamphetamine was found in his vehicle.  We were able to convince the prosecutor to reduce the felony DUI (which carried a mandatory 4 months in prison, up to 3.75 years in prison) down to an endangerment with only 30 days in jail.  We also had the felony POSSESSION of DANGEROUS DRUGS REDUCED to a misdemeanor POSSESSION of DRUG PARAPHERNELIA.

REDUCED | 3rd Offense Felony Aggravated DUI, State v. Mr. F. (DMC No. 7196) (Maricopa County Superior Court No. CR 2006-174415): Mr. F. had 2 prior felony DUI’s in which he had gone to prison. He had now had a 3rd felony DUI and was facing 6 to 15 years in prison (with 10 years being the presumptive sentence). Initially, Mr. F. was utilizing a Public Defender and had been given a so called “final offer” of 4.5 years in prison. We were able to take over the case and file Motions regarding No Reasonable Suspicion to Stop and No Probable Cause for Arrest. Ultimately, the prosecutor agreed to withdraw the allegations of the 2 prior felony DUI’s and offered a 1st offense DUI with a mitigated sentence of 1.5 years in prison. Mr. F. ended up actually serving only 12 months in custody.