Ms. S was captured in a photo radar ticket allegedly running a red light. We set the case to hearing, and the State was not able to present a witness to identify Ms. S as the driver of the vehicle. This was required, as she was cited under Arizona Revised Statute ARS 28-645(A)(3)(A). Because they could not satisfy the identification requirement, the Scottsdale City Prosecutor was required to dismiss all charges against Ms. S.
Ms. S, who was 21 years old, was with 2 of her friends when they became bored and went into an alleyway to throw oranges at cars. Once the Police were called, they arrived on scene and observed this activity. An Officer got out of his Patrol car and stated “Police, Stop”, and Ms. S and her 2 friends began to run away. When they were eventually caught, Ms. S was charged with Obstructing a Public Roadway per Arizona Revised Statute ARS 13-2906(A), and Obstructing a Police Officer under Chandler City Code CC11-11. We were able to convince the Prosecutor that this was a harmless prank, and that no vehicles were actually struck with the oranges. They agreed to dismiss both criminal charges in exchange to plea to a civil ticket of Failure to Remove Hazardous materials from a roadway under Arizona Revised Statute ARS 28-898(B).
Mr. C was previously convicted of a DUI and order to install an Interlock Device on his vehicle for 1 full year. Prior to the end of the year, Arizona MVD requested an additional year be added on to Mr. C’s requirement. They claimed that the Interlock Device recorded a “request” and a “refusal” after a passed test. We were able to show them that the device would make requests after the car was shut off, and was recording false refusals. The Arizona Administrating Hearing Board agreed, and they did not extend Mr. C’s Interlock Device requirement for another year.
Ms. C. was traveling on the freeway when she was attempting to exit on an off ramp where 2 lanes merged into 1. When she suddenly realized that the 2 lanes were merging she sped up and passed on the right hand shoulder of the roadway. A DPS Officer on a motorcycle saw this, and cited her for Criminal Overtaking on the Right per Arizona Revised Statute ARS 28-724(A). Because Ms. C. had a Commercial Driver’s License, it was very important that she did not have any criminal driving convictions on her record. We were able to explain the situation to the Prosecutor, and he agreed to reduced the ticket to a simple civil violation of Unsafe Lane Usage under Arizona Revised Statute ARS 28-729.1.
Mr. S was seen driving 55 in a 45 mile per hour zone near Kyrene Road and Guadalupe Road in Tempe, Arizona. He was pulled over and it was discovered that the license plate on his car belonged to a Toyota pickup truck which Mr. S owned. Mr. S admitted that he had bought the vehicle the day before from a guy who lived in Pennsylvania. He said it did not pass emissions, so he put his other license plate (from a second car he owned) on the vehicle. We were able to show the Prosecutor that there is a rule which allows 3 day grace period for driving a vehicle between the purchase date and registration date in order to allow it to be taken to emissions. The Prosecutor agreed, and dismissed the charge of Fictitious License Plate under Arizona Revised Statute ARS 28-2531(B)(1).
Mr. C was captured on photo radar traveling more than 11 miles per hour over the speed limit in the town of Paradise Valley. He was subsequently charged with Speeding per Arizona Revised Statute ARS 28-701A. We went into court and argued that Mr. C could not be identified in the ticket without him actually being present or without the Prosecutor having a witness to identify him. The Prosecutor agreed, and reduced the charge to a “No Points” Ticket of Waste of a Finite Resource under Arizona Revised Statute ARS 28-702.01(A).
Mr. O was driving a commercial truck which had a heavy loader improperly secured on the flatbed. He was then pulled over and written numerous tickets under Arizona Revised Statute ARS 13-5204. The code violations included No Log Book under 395.(8)(A); a Fuel Line Violation under 393.65(F); Improper Chains on Load under 393.130(C); Defective Brake Warning Device under 393.51; Brakes Out of Adjustment under 396.3(A)(1); and Unsafe Operation of a Vehicle under 396.7. If Mr. O had been held responsible for all of these violations, it would have caused him thousands of dollars and the loss of his Commercial Driver’s License. By reducing all charges to 1 Count of Unsafe Operation, he paid a small fine and kept his driving privileges.
Mr. T was seen by a DPS Officer in the area of Sossaman and Rittenhouse speeding and attempting to pass in an unsafe manner. He was pulled over and given a verbal warning. 20 minutes later, the Officer claimed that Mr. T passed him at the location of Baseline and Power Road and “burned or chirped” his tires. He was then pulled over and cited for Exhibition of Speed under Arizona Revised Statute ARS 28-708(A). We were able to show the Prosecutor that Mr. T was merely attempting to make the light, and that the Officer was upset at Mr. T for the incidence that happened 20 minutes earlier. The Prosecutor agreed to reduce the criminal ticket down to a simple civil Speeding and Weaving ticket with a small fine.