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.
DISMISSED | DUI DRUGS (Cocaine & Marijuana) DISMISSED – State v. Mr. N. (DMC No. 10803) (Seligman Justice Court TR201201163): Mr. N. was stopped on Interstate 40 at mile post 124 by a DPS Officer for allegedly tailgating. Subsequently, a DUI investigation was ensued in which blood was drawn from Mr. N. The State alleged that it showed the presence of cocaine and marijuana metabolites. Because it had taken the lab so long to produce the results, and the prosecutor waited to charge Mr. N. for over 1 year, we were able to get the case dismissed for a violation of the statute of limitations.
(Pima County Justice Court No. 02008989CR): Mr. M. was stopped by Pima County officers and cited for DUI/Drugs. The State’s test claimed that he had metabolites of Soma and Valium in his system. Upon retest by our expert, we showed that the nannograms of metabolite were “inactive” and so low that they were not affecting his ability to drive. The State dismissed all charges.
DUI (.089 BAC) REDUCED to WEAVE/SPEEDING TICKET – State v. Mr. D. (DMC No. 5391) (Kyrene Justice Court TR05-52034CR): Mr. D. was travelling on Priest Road in Tempe when he was observed driving with one headlight out. The officer pulled him over and eventually put him through field sobriety tests. Mr. D. was arrested and provided a .089 BAC at the DUI van. We were able to argue that the stop may have been questionable, and the Prosecutor agreed to reduce the charge down from DUI to a simple “weave” and “speed” ticket.
DISMISSED/REDUCED | UNDERAGE DRINKING and DRIVING (.071) REDUCED to reckless driving with zero days in jail/FICTITIOUS LICENSE DISMISSED – State v. Ms. J. (DMC No. 10757) (University Lakes Justice Court TR2012-120607): A Tempe Police Officer saw Ms. J. and her female friend walking on Rural from Apache and they appeared to be unsteady on their feet. He then pulled around and waited for them to get in their truck and drive, before pulling them over for allegedly weaving. Ms. J. was subsequently given a breath test which revealed a .071, and was charged for underage drinking and driving, along with having a fictitious driver’s license. We were able to show the prosecutor that the stop was questionable, and they agreed to reduce the charge down to a simple “reckless driving” with zero days in jail. They also dismissed the fictitious license ticket. The fictitious license and underage drinking and driving charges would have both caused Ms. J. to lose her driver’s license until age 21.
DUI (.051 BAC) REDUCED to SPEEDING TICKET – State v. Ms. R. (DMC No. 5916) (South Mountain Justice Court TR05-53302CR): Ms. R. was going 65 in a 40 mph construction zone when the officer moved out of the way and then pulled her over. Ms. R. asked to call an attorney and the officer said “if you call your attorney now, we will arrest you and the field sobriety tests are not admissible in court anyway”. She submitted to the test and was arrested. Due to the officer’s Denial of Ms. R.’s Right to Counsel, we got her DUI reduced to a Simple Speeding ticket with a small fine.
DUI NOT CHARGED/HIT AND RUN REDUCED to a “speeding” ticket – State v. Mr. B. (DMC No. 6580) (Flagstaff Justice Court 2006-0366): Mr. B.’s car was observed in a ditch after it had struck a fire hydrant. He was outside of the vehicle when a passing motorist stopped to help him. He then walked home. The motorist called police, and identified Mr. B. in a photo lineup. Although the witness had stated that Mr. B. appeared to be very intoxicated, the police were unable to contact Mr. B. and secure a blood test. We argued a “Corpus Delicti” issue with the prosecutor, and they agreed to reduce the hit and run charge down to a mere speeding ticket with a small fine.
DISMISSED | Criminal Damage, State v. Mr. C. (DMC No. 7293) (San Marcos Justice Court No. 2010-106832): Mr. C. was observed travelling the wrong way on the loop 202 Freeway. He eventually struck a sign which became detached from the ground and struck several other vehicles. He was originally charged with a DUI in City Court, but then his charge for Criminal Damage for striking the sign was filed in a Justice Court. We were able to show the Prosecutor that this was a not a true Criminal Damage, as it did not involve the requisite “intent” element necessary for the charge. We were able to have the charge of Criminal Damage Dismissed in its entirety.
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DISMISSED | Solicitation of Burglary, State v. Mr. C. (DMC No.7244) (University Lakes Justice Court No. JC2007-115374): Mr. C. was an ASU student. While returning from class with a friend they sighted a golf course cart on ASU’s campus. Mr. C. acted as a lookout while his friend stole various items from the golf cart. We were able to explain to the prosecutor that a conviction would keep Mr. C. from ever obtaining a job in the Federal Government. In addition, this would potentially have caused him to be thrown out of his dorm room by the University. Ultimately, were able to convince the State to dismiss charges “in the interests of justice.”
EXTREME DUI (.165 BAC) REDUCED to RECKLESS with ZERO DAYS JAIL – State v. Mr. S. (DMC No. 5461) (Kyrene Justice Court TR05-50506CR): Police were received a call regarding a person passed out in his vehicle on the westbound I-10 near the side of the road. When police arrived, the reporting party was gone, and Mr. S. was found in his vehicle with his hazard lights on, trunk open and a spare tire leaning up against the front driver side. The key was ignition, but the engine was not on. Mr. S. was arrested for extreme DUI, and provided a .165 BAC breath test. Due to various issues regarding “Corpus” and “Actual Physical Control”, we were able to have the case reduced to mere “reckless driving” with zero days in jail.