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Category Archives: 908 Phoenix DUI Wins

(Jul. 31, 2018) NOT GUILTY/COMPLETE ACQUITTAL at JURY TRIAL – DUI & DWI (.142 BAC) – State v. Ms. M (DMC No. 15419) (Phoenix City Court 5260782): At 11:27 at night, two Phoenix Police Officers responded to a radio call of a suspicious vehicle at Happy Valley Road and 43rdAvenue.  When they arrived, they observed Ms. M sitting in her car, with her engine running and her phone charging.  She had a flat tire, and they surmised she had hit a curb. She told them she was waiting for a tow truck to arrive.

The officers then made her do Field Sobriety Tests, even though she was 65 years old.  This violates the NHTSA (National Highway Traffic Safety Administration) rules, and the tests were shown to the jury not be valid.  Ultimately she provided a blood test which revealed a .142 BAC.  We argued to the jury that the State could not prove the actual time of driving, nor could they prove she was in “Actual Physical Control” of her vehicle.  We argued that she was merely using it as temporary shelter while waiting for a tow truck to arrive.  The jury acquitted her on all charges.

NOT GUILTY/ COMPLETE ACQUITTAL at JURY TRIAL, DUI and DUI (.082 BAC) – State v. Ms. S (DMC No. 14160) Jan. 10, 2017 (Phoenix City Court No. 5080338): Ms. S was traveling in her car northbound to get on the 51 freeway at Colter Street, when a motorcycle had come through the intersection. She struck the motorcycle and his passenger, and the Police were called. Ms. S indicated that she had the green light, and the motorcyclist stated that he had the green light. The motorcyclist was placed under arrest for DUI, then an investigation was began by Phoenix PD on Ms. S. The only sobriety field test given to Ms. S was the Horizontal Gaze Nystagmus (HGN), which showed only 4 of 6 cues. No other tests were given. She was taken to the station which she provided a blood test which revealed a .082 BAC.

At Jury Trial, we were able to show that the accident was not her fault. In addition, we attacked the blood testing device and argued that it was not properly calibrated and was revealing a blood alcohol reading which was too high. The Jury deliberated and returned charged of Not Guilty on all counts!

COMPLETE ACQUITTAL at BENCH TRIAL | DUI (.081 BAC)  – State v. Mr. W. (DMC No. 6565) (Phoenix City Court 3403327): Mr. W. was observed by a police officer exiting a Taco Bell drive-thru and driving over the curb on the way out to the street.  He was subsequently stopped and processed for a DUI.  He provided a blood test of .081, after he had requested a private call with his lawyer.  Because the police were within 10 feet of Mr. W. during this phone call, we were able to convince the State to dismiss the DWI charge (blood alcohol .081).  At bench trial to the Judge, Mr. W. was found Not Guilty of DUI (driving under the influence).  He has no conviction on his record.

DISMISSED | SUPER EXTREME DUI (.318 BAC) (DMC No. 9856) (Phoenix City Court No. 2010-9025304): Ms. C. was stopped for erratic driving and subsequently arrested for a DUI. When she did provide a blood test, it revealed a .318 blood reading. She had asked to be released to get an independent test of her blood, which did not occur. We filed a motion to have the entire case dismissed based on a denial of a right to an independent test. The state agreed and all charges were dismissed against Ms. C.

DISMISSED | SUPER EXTREME DUI (.240 BAC) DISMISSED – State v. Mr. R. (DMC No. 9947) (Phoenix City Court 4285580): Mr. R. was observed coming up to an intersection to make a right turn, he slowed for 3 to 4 seconds and signaled before making a right turn into the correct lane.  The officer pulled him over claiming that his turn was improper.   Mr. R. was subsequently arrested and provided a .240 blood sample and was charged with SUPER EXTREME DUI.  We filed a Motion for “No Reasonable Suspicion to Stop” and an Evidentiary Hearing was held.  The judge ruled that the stop was improper, and all evidence of the stop was suppressed.  The State was forced to dismiss the case in its entirety.

DISMISSED | EXTREME DUI (.189 BAC)(Phoenix Municipal Court No. 3493886CR): Mr. A. was seen by an officer traveling 95 to 100 miles per hour on the I-17. After he was stopped, a moderate odor of alcohol was observed. He was subsequently arrested and provided a .189 blood sample giving him an Extreme DUI. Before blood was obtained he requested to speak to a lawyer, and the officer did not accommodate that request. We filed a Motion to Dismiss based on a denial of right to counsel. The judge agreed with us and dismissed all charges.

DISMISSED | DUI (.124 BAC) (Phoenix Municipal Court No. 2839891CR): Mr. A. was stopped for allegedly making a left-hand turn in an improper position. He subsequently performed Field Sobriety Tests, and was arrested. He asked to call an attorney, and he was allowed to do so. He then submitted to a breath test, which resulted in a .124 BAC. The officer failed to adequately watch Mr. R. during the “deprivation period” which occurs immediately prior to the breath test. We filed a Motion to Suppress the reading, and after an Evidentiary Hearing, that motion was granted. The State was then forced to dismiss all charges.

DISMISSED | DUI (.119) (Phoenix Municipal Court No. 13177634CR): Two Phoenix Police Officers pulled up next to Mr. K. when they were on their motorcycles, and noticed he had a “stuperous look on his face.” After the light changed and he began to drive, the officers pulled him over and began a DUI investigation. His BAC came back at .119%. We filed a Motion to Dismiss based on no Reasonable Suspicion to Stop, and an Evidentiary Hearing was held in which the judge threw out the case.

DISMISSED | State v. Mr. W. – (Phoenix Municipal Court No. 8978055CR): Mr. W. was riding his Harley Davidson motorcycle when he was engaged in an argument with his girlfriend. His motorcycle hit the gravel and “went down.” He subsequently was cited for DUI and provided a .110 blood sample which revealed a .110 BAC. At the trial in the City of Phoenix Court, the jury came back as a “hung jury.” The State decided they had “no reasonable likelihood of conviction at re-trial” and dismissed all charges.

DISMISSED | DWI (.108 BAC) (Phoenix Municipal Court No. 2784578CR): Mr. P. was stopped by Phoenix Police for an alleged DWI violation. Although his breath alcohol content was a .108, we were able to demonstrate that the officer who stopped him denied Mr. P.’s right to counsel when he requested to speak to a lawyer. The State moved for several continuances in order to respond to the Motion, then after reviewing all of the facts the State moved to dismiss for factual deficiency.

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