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Category Archives: 11 Hit and Run Dismissals

FELONY VEHICULAR MANSLAUGHTER and FELONY HIT & RUN DISMISSED – State v. Mr. A (DMC No. 8667) (Maricopa County Superior Court No. CR2005-134626): An individual was crossing the roadway near McClintock and Apache Boulevard in Tempe, Arizona, when he was struck and killed by Mr. A’s car. When the Police arrived in the area, they acted on a “hunch” and searched all neighboring apartment complexes. They saw Mr. A’s vehicle parked in a parking space concealed with a car cover. The Officer lifted up the car cover in order to inspect for damage. When he saw damage, he ran the license plate and ascertained Mr. A’s apartment number. Mr. A was then brought out, questioned and arrested for Vehicular Manslaughter and Felony Hit & Run.

We filed motions to have the entire case dismissed due to an “improper search” issue. The Officer could have sought out a search warrant before lifting the car cover but he did not do so. The Trial Judge agreed with us and ruled that this was an illegal search and all charges were Dismissed. Although the State Appealed to the Arizona State of Appeals and that decision was reversed, they choose never to re-file charges against Mr. A due to various other problems with the case.

HIT and RUN DISMISSED due to DISCOVERY VIOLATION – State v. Mr. R. (DMC No. 5234) (Moon Valley Justice Court TR03-00719CR): Police received a call from a semi truck driver stating that a vehicle had cut him off and struck the front of his truck with the rear of their car.  He stated that the driver then took off.  Several hours later Mr. R. was contacted, and he admitted to the collision.  Because no injuries were involved, we were able to file a Motion based on “Corpus Delicti” stating that there could not be positive identification of Mr. R. by the semi truck driver.  Due to other Discovery violations, the State moved to dismiss all charges.

NOT GUILTY/COMPLETE ACQUITTAL at BENCH TRIAL | HIT and RUN – State v. Mr. H. (DMC No. 5517) (Mesa City Court 2005-016635): Mr. H. was accused of a hit and run for backing out of a parking space and striking another vehicle.  A witness said the Mr. H. looked outside of his car, then got back in and drove away.  When Mr. H. was contacted, he claimed that he didn’t realize he had hit another vehicle.  At trial, we were able to convince the Judge that the collision was so minor, and that Mr. H. was looking in the wrong spot, that the State could not meet its burden of proof.  Mr. H. was found not guilty of all charges.

HIT AND RUN DISMISSED – State v. Mr. M. (DMC No. 4388) (White Tank Justice Court TR03-12137CR):  Police received a call about a vehicle striking an off ramp sign on the south bound 101.  Police ultimately contacted Mr. M. who admitted to driving.  Because the damage had been paid for by Mr. M.’s insurance, combined with the fact that nobody saw him driving, we were able to file a Motion based on “Corpus Delicti”, and all charges were dismissed.

HIT AND RUN DISMISSED – State v. Mr. T. (DMC No. 4652) (Chandler City Court 04-C-2307171): Mr. T. was accused of striking parked vehicles and then driving to his home without exchanging insurance information.  When officers arrived, they startled him out of bed and he stood up and struck a police officer.  He was charged with hit and run and assault on an officer.  We were able to have the hit and run dismissed, and the assault on the officer charged only as a misdemeanor (as opposed to a felony) with probation and $250 fine.

DISMISSED | Hit and Run, State v. Mr. G. (DMC No. 9881) (Phoenix City Court No. 4293650): Police received a call that an individual had found a vehicle that he thought was involved in an accident the night before at 35th Ave and Julie Dr., Phoenix. The officer’s found the vehicle and photographed some damage. They then contacted Mr. G, and he admitted to the actual accident. We were able to file a Motion to Suppress all Statements based upon Corpus Delicti. Without the actual statements and an eye witness identification, the State was unable to make their case and they were forced to dismiss all charges.

DISMISSED – Hit and Run, State v. Mr. H. (DMC No. 9800) (Phoenix Police DR# 2010-01460055): Mr. H. was 18 years old and was driving to a friend’s house, when a light turned green and he began driving. A gentleman stepped in front of his car, and was bumped by the car and did not fall to the ground. The two exchanged words and Mr. H drove away. A police report was taken claiming that the alleged victims suffered a swollen wrist and that there was a Hit and Run. We were able to convince the Police Officers that this did not qualify as a true Hit and Run case, and they did not route the case for prosecution to the City of Phoenix Prosecutor’s Office.

DISMISSED – Hit and Run, State v. Mr. S. (DMC No. 7194) (Dreamy Draw Justice Court No. JC2006-160203): Mr. S. was involved in a side-wipe collision with another vehicle. Immediately after the collision, Mr. S. threw a bottle filled with red liquid at the alleged victim. He subsequently left the scene without exchanging information. When he was charged with Hit and Run, and Assault, we were able to show that the actual collision was not his fault. However, his behavior afterward did result in a misdemeanor assault charge with a minor fine being imposed. This did not affect his insurance or his driver’s license.

DISMISSED at BENCH TRIAL | Hit & Run (DMC No. 9895) (City of Phoenix No. 4246005): Mr. S. was backing out of a parking lot when he had bumped into another car and drove away. He did not realize he had actually bumped another car and did not see any damage on his vehicle. He had very heavily tinted windows. On the day of trial, the alleged victim could not positively identify Mr. S. as the driver of the vehicle and the prosecution dismissed all charges.

DUI (.082 BAC) REDUCED to RECKLESS DRIVING with ZERO DAYS in JAIL /HIT and RUN DISMISSED – State v. Mr. H. (DMC No. 7409) (Florence City Court TR2007-0189): Florence Police received a call regarding a Hit and Run into an APS light pole.  Officers found Mr. H. behind the wheel of his car along Highway 79.  They had discovered he had been drinking, and they eventually arrested him for DUI and took him to the station.  He provided a .082 BAC on the breath test.  Due to Actual Physical Control (APC) issues, and the fact they could not prove he was the one who was actually driving the vehicle, we were able to convince the Prosecutor to dismiss the DUI and Hit and Run in exchange for a Reckless Driving charge and zero days in jail.

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