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Category Archives: 12A Hit & Run Pre-Charge Victories

NOT CHARGED/REDUCED | VEHICULAR HOMICIDE HIT and RUN NOT CHARGED/REDUCED to MISDEMEANOR – State v. Mr. M. (DMC No. 7441) (Tempe Police Department DR06-072066/Tempe City Court 06-916379): Mr. M. was a passenger in a vehicle which ran a red light, and struck and killed a Tempe City Police Officer.  After the accident, both the driver and Mr. M. got out of the vehicle and fled.  Mr. M. came back to the scene brief time after and was questioned by police.  In this high profile case, the driver was charged with a Vehicular Homicide, and the Maricopa County Attorney’s Office was deciding whether to charge Mr. M. with Leaving the Scene of a Fatal Accident.  We were able to convince them that they could not meet the required elements to prove a crime, and Mr. M. couldn’t return any quicker to assist in the investigation.  Ultimately, the County Attorney’s Office agreed to route the case to the Tempe City Attorney’s Office for a simple charge of Minor in Consumption of Alcohol.  Mr. M. was originally facing years in prison.

HIT and RUN NOT CHARGED/FALSE REPORTING REDUCED to SPEEDING TICKET – State v. Mr. N. (DMC No. 10405) (Scottsdale City Court TR2011-015309): Mr. N. was at a red light when he began backing up and bumped into another car. The lady in the other car yelled something at him, and then he left the scene. When police contacted Mr. N., he had broken English (because he was from India) and he stated he was not the operator of the car. When the eventual facts came out, we were able to convince the Detectives not to charge him with ‘Hit and Run”. However, he was charged with “False Reporting”. We were able to convince the Prosecutor to reduce that down to a simple “speeding” ticket (failure to control speed to avoid a collision), with a small fine. Mr. N. has no criminal conviction on his record.

DISMISSED/NOT CHARGED | AGGRAVATED ASSAULT WITH GUN DISMISSED/HIT AND RUN NOT CHARGED – State v. Mr. V. (DMC No. 10336) (Maricopa County Superior Court CA2009-055168): Mr. V. was driving in Cave Creek when he and another vehicle side swiped each other.  They both pulled into a Bashas’ parking lot when the other driver ran up to Mr. V.’s window in an excited and angry manner.  Mr. V. had a gun in a holster, which he kept for his protection, and he displayed this weapon to the other driver.  The other driver ran away, got in his car, left and called police.  We were able to convince the police that there was no hit and run as the other driver had left, and we also explained to the prosecutor that Mr. V. was justified in displaying his weapon. Even though he had been charged with AGGRAVATED ASSAULT with a gun and was facing 5 to 15 years in prison, all charges were dismissed.

NOT CHARGED | HIT AND RUN – State v. Mr. H. (DMC No. 9800) (Phoenix PD investigated): Mr. H. was at a stop when he began to make a right hand turn.  A pedestrian started to walk in front of the vehicle and slapped the hood of Mr. H.’s car, and began to cuss at him.  Mr. H. drove away, and the pedestrian flagged down an officer claiming hit and run.  Through his license plate number, Mr. H.’s mother was contacted and insurance information was obtained.  We would not allow the Detective to speak to Mr. H., and due to issues with witness availability in regards to a photo lineup, no charges were ever brought.

NOT CHARGED | HIT AND RUN – State v. Mr. V. (DMC No. 10167) (Phoenix PD investigated): Mr. V. had been driving home at night and had struck a light pole.  Phoenix PD investigated, and we determined that they could not place Mr. V. behind the wheel as a driver without speaking directly to him.  Because we were his attorney’s, we prevented them speaking with him.  Therefore, no charges no could be brought.

NOT CHARGED | HIT AND RUN – State v. Mr. D. (DMC No. 10234) (Glendale PD investigated): Mr. D. was stopped at a bus stop picking up a male passenger.  When he exited rapidly, he struck another car that was marking a right turn into a parking lot.  A Detective for Glendale PD left a message for Mr. D., and we got involved on his behalf.  Because the Detective could not interview Mr. D., charges could not be wrought for hit and run.  However, insurance information was exchanged which allowed the other driver to get his car fixed.

HIT AND RUN NOT CHARGED – State v. Mr. A. (DMC No. 10897) (Scottsdale Police Department 11-27338): Mr. A. had rear-ended a car at nighttime, and then he stuck his head out of his window and asked if everyone was ok.  After the driver said he was ok, Mr. A. drove off.  Ultimately, Detective left a card at Mr. A.’s home address.  We were able to assist with exchange of insurance information, and the alleged victim no longer desired prosecution.  The Detective agreed to not route the file for charges.

HIT AND RUN NOT CHARGED – State v. Ms. W. (DMC No. 6476) (Phoenix Police Department DR2005-51490140): Ms. W. was involved in an accident in which she hit a motorized scooter.  She originally panicked and left the scene and then came back 5 minutes later.  When she was ultimately contacted by police, she admitted her mistake and stated that she had panicked.  We were able to assist in the exchange of insurance information, and we monitored the case until the statute of limitations had run.  No charges were ever brought.

HIT AND RUN NOT CHARGED – State v. Mr. F. (DMC No. 4689) (Gilbert Police Department investigated): Mr. F. had hit a curb, a tree, and a sidewalk when his tire went flat.  He left on foot and was ultimately contacted by an officer from Gilbert PD.  We intervened and called the officers back and invoked Mr. F.’s 5th Amendment rights.   Because there was no way to put Mr. F. behind the wheel, charges were never brought.

HIT AND RUN NOT CHARGED – State v. Mr. P. (DMC No. 4508) (Tempe Police DR03-056912): Mr. P. was accused of backing into a vehicle and then leaving the scene.  Although a license plate number was taken, that vehicle was registered to somebody other than Mr. P.  Mr. P. was ultimately tracked down and arrested for an alleged hit and run.  We were able to exchange insurance information and convince the Tempe Prosecutors Office not proceed with charges.

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