NOT CHARGED | FELONY AGGRAVATED DUI (.186 & .161) (DMC No. 4116) (Salt River Police Department): Mr. S. was at a drive-in movie theater on the Salt River Indian Reservation, and had been stopped as he was leaving the property after an individual reported that he had thrown a beer bottle out of his car while he was driving. Upon contact with police, he admitted to drinking and performed Field Sobriety Tests. He ultimately provided 2 breath tests (.186 and .161) that were not within 0.20% of each other as required by statute. He also had 3 children in the car who were under 15 years of age, which made this case a felony. Due to the fact that we were able to convince the prosecutor that the breath test results would be suppressed, a decision was made that no charges would be filed.

NOT CHARGED | AGGRAVATED DUI (.186 BAC while on probation) – State v. Mr. R. (DMC No. 10640) (Scottsdale Police Department investigated): Mr. R. was on probation for possession of marijuana with intent to sell, and had 5 prior DUI’s (at which 2 were eligible) when he was pulled over in north Scottsdale for driving and having something dragging from his vehicle.  He was ultimately arrested for DUI and blood was drawn.  He invoked his right to contact counsel, which he was not allowed to do. Due to the “denial of right to counsel” issue, along with the questionable stop, no charges were brought against Mr. R.

NOT CHARGED | FELONY AGGRAVATED DUI (.164 BAC) – State v. Ms. M. (DMC No. 5282) (ASU Police Department DR03-1126): A Police Officer on a bicycle claimed that Ms. M.’s car drifted over the line and almost struck him. He wrote down what he felt was the license plate, and the car was later found at the Wells Fargo area of ASU property. When Ms. M. was contacted, the vehicle was in park and the engine was running. She was subsequently arrested and charged with felony aggravated DUI because her license was suspended. We were later able to show the Prosecution that the case had issues regarding “actual physical control”, and we showed them that the original blood had been destroyed and was no longer in the State’s possession. No charges were brought against Ms. M.

NOT CHARGED | FELONY AGGRAVATED DUI (.142 BAC) – State v. Mr. L. (DMC No. 1412) (Gilbert PD DR9805915): Mr. L. was driving slowly with his girlfriend through a neighborhood in order to look for their dogs which had gotten loose. An Officer stopped him and they detected an odor of alcohol. Upon a records check, it was discovered that Mr. L. had two prior DUI’s and his license was suspended. He was subsequently for felony aggravated DUI and provided a .142 BAC. We were able to show that the stop was not based on any reasonable suspicion of a crime being committed, and no charges were ever brought against Mr. L.

NOT CHARGED | FELONY AGGRAVATED DUI with CHILD in CAR NOT CHARGED – State v. Mr. L. (DMC No. 5225) (North Valley Justice Court/DPS DR2002-083261): Mr. L. was pulled over due to a 911 call while driving. He had a child under 15 in the car, and the Officer conducted the investigation was a rookie who stated “this is my 2nd DUI ever”. Mr. L. consented to a blood test, however the Officer still got a search warrant to draw blood. The search warrant only contained one page and was defective. Due to all the previous defects in the case, we were able to ensure that all the charges were never filed against Mr. L.

NOT CHARGED | FELONY AGGRAVATED DUI– State v. Mr. G. (DMC No. 809) (Miami Justice Court/Gila County Sheriff’s Office DR970900287): Mr. G. was stopped for a minor traffic violation, and the Officer detected alcohol on his breath. Mr. G. had prior DUI’s, and he invoked his right to counsel. He specifically asked to call our firm the Officer would not let him do so. In addition, the Officer stated that Mr. G.’s license was currently suspended, and it had not been because we had requested a Hearing on a previous DUI allegation. We were able to show the Prosecutor that he was not actually suspended on the date of violation, and that his right of counsel was violated, and no felony DUI charges were brought against Mr. G.

NOT CHARGED | AGGRAVATED DUI DRUGS (Morphine Sulfate/Ambien with child under 15 in car)– State v. Ms. W. (DMC No. 10175) (DPS investigated): A DPS Officer was on a lunch break at a Whataburger at 26^th Avenue & Bethany Home when he observed Ms. W. pull out of the drive thru and strike a curb.  He ultimately stopped her because she “looked stuporous”.  He then asked her some questions where she admitted taking Ambien the night before and some Morphine Sulfate due to a back injury.  She was a Registered Nurse and knew the proper dosage and had been compliant.  She was ultimately was asked to provide a urine sample and was arrested for AGGRAVATED DUI with a child under 15 in the vehicle.  Due to issues with the officer stop, along with the lack of evidence of improper prescription drug usage, no charges were brought against Ms. W.