PARTIAL ACQUITTAL at BENCH TRIAL | ASSAULT/DISORDERLY CONDUCT – State v. Mr. J. (DMC No. 6588) (Gilbert City Court 2006-CR0000019-MI): Mr. J. was in a custody dispute with his child’s mother, when he went over to her parent’s house to pick up the child. An argument ensued, and while he was holding the child he was repeatedly struck in the face by the mother. After he left, he was arrested and cited for being the aggressor. At trial, we could show that he did not commit an assault, nor was there disorderly conduct as to his ex-wife. He was found guilty only on a non-domestic violence disorderly conduct regarding the mother’s parents.
PARTIAL ACQUITTAL at BENCH TRIAL | CRIMINAL DAMAGE – State v. Mr. B. (DMC No. 7490) (Gilbert City Court 07-CR-247MI): Mr. B. had gotten into an argument with his girlfriend when a struggle ensued. Police were called and he was ultimately charged with Criminal Damage for allegedly punching a hole in a bathroom wall. He was also charged with Assault and Disorderly Conduct. At trial we were able to prove that he had not caused the damage to the bathroom wall, and he was found “not guilty” of Criminal Damage.
DISMISSED | SUPER EXTREME DUI (.217 BAC) DISMISSED – State v. Mr. C. (DMC No. 6157) (Gilbert City Court 05TR6422-24): Mr. C. was observed parked in a parking lot with his engine running while he was asleep. He was subsequently removed from his car and provided a blood sample which revealed a .217 BAC. Due to the fact that he was not in “actual physical control” (APC), and the fact that the lead officer became unavailable, all were charges ultimately dismissed.
DISMISSED | DUI DRUGS (Gilbert Municipal Court No. 06-TR25326DU): Ms. T. was stopped in the city of Gilbert for allegedly having a rear taillight and brakelight out on her vehicle. Upon contact with her, the officer claimed she had a yellowish coating on her tongue, along with some other signs and symptoms of drug impairment. A Drug Recognition Evaluation (DRE) was conducted and police came to the opinion that she was under the influence of cannabis and central nervous system depressants. Her results came back with the drug Citalopram in her system. We were able to show that she had a prescription for this drug, and that the drug was not impairing her ability to drive at the time police stopped her. Ultimately we convinced the prosecutor to dismiss all charges.
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INJUNCTION AGAINST HARASSMENT DISMISSED – State v. Mr. P. (DMC No. 4651) (Gilbert City Court 04CR966/97): Mr. P. had been locked in a particularly difficult divorce when his wife filed Orders of Protection against him. He was accused of violating three separate Orders of Protection, but we were able to show that one of those Orders of Protection lacked proper service and had factual deficiencies. That Injunction Against Harassment was dismissed in full.
EXTREME DUI (.185 BAC) DISMISSED – State v. Mr. S. (DMC No. 6012) (Gilbert City Court 05TR3510): Mr. S. was pulled over on Guadalupe Road allegedly travelling above the 45 mph speed limit. Upon contact, the officer indicated he smelled of alcohol, swaggered and appeared to have urinated on himself. He was subsequently arrested and gave a hand held breath test which produced a .185 BAC. While at the station, he asked for a private phone call with is lawyer, and the officer stated “this is as private as it is going to get”. The State ultimately dismissed charges due to a “denial of right to counsel issue”, and other Discovery issues.
(DMC No. 9846) (Gilbert City Court No. 2010-CT-0012114): Mr. B. was accused of driving 41 MPH in a 25 MPH zone and weaving. Upon contact, the Gilbert Police officer he smelled of alcohol. When he was taken down to the station, he was put in a private room and was given a phone and a phone book to call a lawyer if he wanted to. A lawyer from our office called him back, and the officers did not allow Mr. B. to immediately speak with our lawyer. After blood results came back a .151, we filed a motion for suppress for denial of right to counsel. Eventually the state agreed and dismissed all criminal charges.
DISMISSED | DUI DRUGS (Marijuana) DISMISSED – State v. Mr. B. (DMC No. 10106) (Gilbert City Court 2011-CT0004576): Mr. B. rear-ended another vehicle travelling less than 5 MPH at Val Vista & Elliott Roads in Gilbert. The officer contacted Mr. B. and suspected marijuana consumption. He found marijuana in Mr. B.’s vehicle and pictures of marijuana on Mr. B.’s cell phone. Ultimately, a urine sample was taken which revealed the presence of marijuana metabolites. Due to various witness issues that arose for the prosecution over the course of the case we were able to secure a complete dismissal from the Prosecutor.
(030053CR): Mr. B. was stopped by Gilbert Police during a East Valley DUI Task Force. He provided a breath sample of .082 BAC, and did well on Field Sobriety Tests. We were able to negotiate a plea to a speeding ticket once we pressured the prosecutors.
DISMISSED | POSSESSION OF DRUG PARAPHERNALIA – State vs. Mr. S. (DMC No. 10116) (Gilbert City Court No. 2010-CT-0010515): Mr. S. was stopped for allegedly weaving in his lane. Police officer contacted him and subsequently arrested him for DUI. Afterwards, the officer searched Mr. S.’s backpack without his permission and found a marijuana pipe. Prior to an Evidentiary Hearing based on unlawful search, the state agreed to Dismiss the drug charge in its entirety.