DISMISSED | DUI (.103 BAC) (Phoenix Municipal Court No. 2833326CR): Mr. M. was stopped by City of Phoenix Police for an alleged DUI. He provided a .103 blood sample and requested to speak to his attorney. Because the police were going to release him, they did not comply with Mr. M.’s request. He was eventually released a couple of hours later. Because the police denied Mr. M.’s right to counsel, he could receive advice regarding obtaining an independent blood test for a hospital. Upon the filing of a Motion to Dismiss for Denial of Right to Counsel, the City of Phoenix Prosecutor’s Office dismissed all charges.

DISMISSED | DUI (.103 Blood) (Phoenix Municipal Court No. 2846389CR): Mr. W. was stopped by City of Phoenix Police, who claimed he was weaving in his lane. A warrant was subsequently obtained to draw Mr. W.’s blood, which revealed a .103 BAC. Mr. W. had asked to be released so he could get his own blood test at a hospital, but the police did not comply. We filed a Motion based upon the denial of his right to get an independent test, and the State moved to dismiss all charges.

DISMISSED | DUI (.090) (DMC No. 9809) (Phoenix City Court No. 4235013): Mr. S. was pulled over for allegedly making a left hand turn at the State Route 51 on ramp against a red arrow. At first Mr. S. denied drinking then he did admit he had a screwdriver and a glass of wine. His preliminary breath test came back at .090 breath alcohol concentration. After doing a field sobriety test, he was arrested for DUI. Due to the questionable stop, and the fact that Mr. S.’s blood came back below the .080 legal limit, we were able to have the criminal charges dismissed. We were also able to negotiate traffic school in order to eliminate the red arrow ticket that the officer had initially given to Mr. S.

DISMISSED | DUI (.088 BAC) (Phoenix Municipal Court No. 2805703CR): Mr. N. was pulled over by Phoenix Police for allegedly squealing his tires. A DUI investigation ensued and he submitted a .088 breath test. Initially, the City of Phoenix Prosecutor’s Office would not dismiss the charges or cut any lesser plea agreements. On the day of trial, the prosecutor realized how weak his case was and saw that we were fully prepared, and he then dismissed all charges.

DUI DISMISSED – State v. Mr. A (Phoenix Municipal Court No. M-0741-4490506): Mr. A was stopped while sitting in his car in the parking lot of a restaurant. The restaurant manager had called 911 and reported that Mr. A was impaired. The officer claimed he had bloodshot, watery eyes and an odor of alcohol. During the eye test (HGN), Mr. A exhibited all 6 out of 6 cues and performed poorly on the other field sobriety tests (FSTs). Although Mr. A had a low BAC, his blood results showed the presence of marijuana. However, due to our arguments to the prosecutor that there was no proof of driving (actual physical control), the State dismissed all charges.