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Category Archives: 903 Gilbert DUI Wins

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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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.

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.

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