State. Vs. Mr. H. (DMC No. 9374) (City of Phoenix Court No. 2009-900173801): Mr. H. was driving with a friend when his vehicle went into a ditch and crashed. When police arrived, they met with Mr. H.’s friend; Mr. H. told several different stories about what had occurred and who was driving. Independent witness stated that he heard the accident and came out to see two gentlemen walking quickly away from a black BMW. He heard one of the men say to the other man that he was going to come back to get his car before the police arrived. Due to the fact that the independent witness was not able to say which one of the two men was driving the car, combined with deviations in the alleged passenger’s story, we were able to convince the prosecutor to dismiss all charges.
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.