REDUCED | DUI (.138 BAC) (Gilbert City Court No.: 2003-0016792DU): Mr. S. was seen sitting on the ground straddling a left road rear tire. He engine was on and his lights were on. He had just changed his truck tire. He subsequently was investigated for DUI and provided a .138 breath BAC. Due to issues related to Corpus Delecti and a bad calibration check on the breath testing device, we were able to secure a plea to a reckless driving with no days in jail.
REDUCED | DUI (.132 BAC) (Gilbert City Court No.: 03-18267DU): Mr. G. was stopped for allegedly failing to use a turn signal and bumping into a curb while in a parking lot. He performed poorly on field sobriety tests, and subsequently provided a .132 breath BAC. We filed a Motion to Dismiss based upon no reasonable suspicion to stop even thought the state responded to the motion in writing, they subsequently offered a reckless driving with no days in jail.
REDUCED | DUI (.120 BAC) (Gilbert City Court No.: 200301084CR): Ms. T. was stopped for allegedly proceeding to make a right, and then slamming on her brakes prior to the turn. She was subsequently stopped for DUI and provided a breath sample which revealed a .120 BAC. Due to the fact that there was no independent sample given to her, and there was a bad calibration check on the breath testing device, we were able to obtain a plea to reckless driving with zero days in jail.
REDUCED | DUI (.088 BAC) (20036205CR): Ms. S. was stopped by Gilbert Police for allegedly rolling through a stop sign. Although the police claimed she did terribly on her Field Sobriety Tests, her breath test revealed only a .088 BAC. After negotiations with the prosecutor, we secured a plea to Reckless Driving with zero days in jail.
REDUCED | DUI (.065 BAC) (Gilbert Municipal Court No. 2007-TR-0000487-DU): Mr. H. was seen driving with one headlight and was subsequently stopped by a Gilbert Police Officer. He was arrested for DUI and underage Drinking and Driving, and provided a blood test which showed a .065 blood alcohol content. However, the officer claimed that Mr. H. was under the influence of marijuana, and had a Drug Recognition Evaluation performed on him. The drug test came back with “No drugs detected.” We were able to negotiate a Reckless Driving plea with zero days jail where not only the DUI was dismissed, but also the Underage Drinking and Driving (which would have cost Mr. H. his license until his 21st birthday).
Mr. K was having an argument with his wife, when she picked up the phone to call 911. He then grabbed the phone, threw it down and damaged it. Police responded off the initial 911 “trigger”, and saw Mr. K in his garage. When he was instructed to exit the garage, he reached for a duffle bag on the ground and Officers immediately grabbed him and escorted him outside with a “control hold”. When they searched the duffel bag they found a weapon.
Mr. K was allegedly struggling when they placed him under arrest and when he was cuffed. He repeatedly stated that he had done nothing wrong and didn’t know why the Police were there. The Police then charged him with Obstruction of a Governmental Operation under Arizona Revised Statute ARS 13-2402 (A)(1), Failure to Obey a Police Officer under Mesa City Code 42-179; Prevention of the Use of a Telephone During an Emergency under Arizona Revised Statute ARS 13-2915 (A)(3); False Reporting to Law Enforcement Officers under Arizona Revised Statute ARS 13-2907.01 (A); Carrying a Concealed Weapon per Arizona Revised Statute ARS 13-3102 (A)(1) and Criminal Damage under Arizona Revised Statute ARS 13-1602(A)(1). We were able to show the Prosecutor that the Statute does not qualify regarding Obstruction of a Governmental Operation while placing a defendant under arrest. Also, the False Reporting and Failure to Obey were fairly outrageous charges given the situation. As far as the Carrying a Concealed Weapon and Prevention of the Use of a Telephone, they agreed to dismiss both of those charges. Mr. K only pled to the Misdemeanor Criminal Damage due to the destruction of the telephone, and was given a minimal Jail sentence of 4 days in Jail. Originally, he could have been facing up to 2 and a half years in the County Jail.
DISMISSED AT BENCH TRIAL | ASSAULT/DOMESTIC VIOLENCE (DMC No. 7805) (Gilbert City Court No. 2007CR250): Mr. M. was living with his girlfriend when her bird got out and destroyed his $1000 remote control. Mr. M. became upset and was packing his belongings to move out of the house. His girlfriend then blocked his path and refused to let him leave. When he physically moved her, she called the police and he was arrested for an alleged domestic violence assault. On the day of the bench trial, the prosecutor realized that they did not have sufficient evidence to proceed to trial and all charges were dismissed.
REDUCED | DUI DRUGS (Marijuana) REDUCED to DUI alcohol – State v. Mr. K. (DMC No. 4334) (Gilbert City Court 02TR15328DU): The officer indicated he saw a “green coating on Mr. K.’s tongue”, and arrested him for DUI. Although he only had a breath test reading of 025, urine was subsequently collected. Even though marijuana metabolites showed up in his urine, there was a potential “no reasonable suspicion to stop” issue along with a possible Miranda rights violation. We were able to secure a DUI alcohol plea in exchange for dismissing the DUI drugs, thereby saving Mr. K. the 1 year license suspension.
REDUCED | EXTREME DUI REDUCED to Regular DUI – State v. Mr. S. (DMC No. 7229) (Gilbert City Court No. 07-TR-0229DU): Mr. S was observed weaving within his lane when he was stopped by a Phoenix Police Officer in Gilbert who was part of the East Valley DUI Task Force. Mr. S performed fairly well on Field Sobriety Tests, but he was arrested anyway. He subsequently provided a Breath Alcohol Concentration of .162. Due to issues with the breath testing device, coupled with his good performance on Field Sobriety Tests, we were able to secure an offer to Regular DUI and 3 days in jail.
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