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Category Archives: Hassayampa Justice Court Victories

DISMISSED | SUPER EXTREME DUI (.308 BAC) (Hassayampa Justice Court No. 03-00202CR): Mr. R. was found parked up the side of the roadway, sitting in his car with the keys in the ignition and the motor running. Mr. R. was taken to a police station, where he stated he “wanted a lawyer.” He was never offered a phone book or given the option to call a lawyer. Although he provided a blood sample which resulted in a .308% BAC qualifying him for an Extreme DUI, we filed a Motion to Dismiss for Denial of Right to Counsel. After an Evidentiary Hearing was held, the judge ruled in our favor and the case was dismissed.

Click here to learn more about Super Extreme Dui in Arizona.

DWI DISMISSED – State v. Ms. S. (Hassayampa Justice Court No. TR-2006144957000): Ms. S. made a u-turn and clipped a curb, thereby causing a flat tire. She was driving 5 miles per hour to get a well-lit area when a cop pulled her over. The officer changed her tire for her and spoke with her for about 15 minutes. It suddenly dawned on him that he smelled an odor of alcohol, and he arrested her for DWI. While at the station, she attempted two breath tests: the first one failed and the second one revealed a .102 BAC. We were able to convince the prosecutor to subsequently dismiss the case based on the weakness of the State’s case.

(DMC No. 9927) (Hassayampa Justice Court No. 2010-14393): Mr. H. was stopped by sheriff’s deputy because he had people sitting on the transom (the back of the boat). He subsequently provided a breath test of .09 and was arrested for OUI (a boating DUI). We questioned the stop, and also the low reading, and we were able to secure an offer of “Negligent Operation of a Boat”. This resulted in no jail and only a small fine being paid.

If you have been suspected of an OUI in Arizona, please call our offices for a free consultation on your case.

DISMISSED | BURGLARY – (DMC No. 4237) (Hassayampa Justice Court No. A779026CR): Mr. R. was 4-wheeling in the desert when he came across a trailer with a new air compressor. Mr. R. did not take the air compressor, but was stopped by police when he was leaving the area. The police claimed he was in a private area and that a lock had been cut to the gate surrounding that large area of land. He was then charged with burglary. We were able to explain to the prosecutor that Mr. R. was simply on the property to go 4-wheeling, and was not there to commit crime. The prosecutor sent the case back to the detectives, who then decided not to pursue the case any further. All charges were dismissed.

REDUCED | DUI (.102 BAC) (DMC No. 9871) (Hassayampa Justice Court No. TR2010-157575): Mr. D. was stopped for allegedly failing to stop at a four way stop sign. He subsequently stopped and the officer did a field sobriety test and then a breath test which revealed a .102 breath alcohol content. The officer then booked Mr. D in jail overnight which interfered with his right to gather an independent blood test. We were able to convince the prosecutor to dismiss the DUI in exchange for a reckless driving and no further jail time.

HIT AND RUN DISMISSED/EXTREME DUI (.169 BAC) REDUCED to regular DUI with 1 day in jail – State v. Ms. J. (DMC No. 9926) (Hassayampa Justice Court TR2010-150421): Ms. J. was accused of striking another vehicle at Dysart & the I-10.  The area of the road way narrows where two lanes merged.  She was subsequently pulled over and arrested for DUI.  She provided a .169 BAC breath sample.  We were able to convince the prosecutor that due to nerve damage in her right eye, combined with the narrowing of the road way of that particular area, the hit and run should be dismissed.  It was ultimately dismissed, and her EXTREME DUI was reduced to a regular DUI with 1 day of jail time.  She originally was facing 30 days in jail on that charge.

NOT CHARGED | EXTREME DUI (.166 BAC) State vs. Ms. K. (DMC No. 9827) (Hassayampa Justice Court No. TR2010-143565): Ms. K. was a 70-year old driver who was traveling down the freeway when she rear ended a car, causing a 3 car collision.  Upon contact, the officer stated that she had to use the door to keep her balance.  He only attempted one field sobriety test and stopped when she fell backwards.  Eventually she provided a breath test of a .166.  We were able to convince the prosecutor that the impairment that was observed was due to the collision, not to alcohol consumption.  In addition, we were able to show that there may have been a problem with the breath testing device.  This convinced the prosecutor to extend an offer to a regular dui which included 1 day in jail instead of 30 consecutive days in jail.

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