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Category Archives: Prescott City Court Victories

Not Guilty/Complete Acquittal at Jury Trial – DUI & DWI ( .109 BAC) – State v. Mr. B (DMC No. 16066) – Dec 6, 2019 – Prescott City Court (Case No. TR2018-000345): Mr. B was seen in the city of Prescott leaving a local beer festival. The officer claimed that Mr. B failed to stop at a stop sign while traveling north on Mount Vernon Street. Once he was stopped, the officer smelled an odor of alcohol and a DUI investigation ensued. Mr. B was subsequently arrested and taken to the police station.

Once he was there, he was given a breath test which showed .087 blood alcohol concentration and a blood test that showed his blood alcohol concentration was .101. At trial, we were able to suppress the Intoxilyzer reading due to the device being taken out of service for an unknown reason. The police could not explain in the maintenance logs why that machine had to be removed, and the judge suppressed the evidence of the two breath tests. As to the blood test, the temperature storage record was not produced at trial, which raised doubts as to the validity of the blood reading. In addition, the auto-pipettor pulled more than 100 microliters, which had the potential to artificially inflate Mr. B’s reading. Lastly, Mr. B performed extremely well on the officer’s body camera video, and it showed that the officer was not being truthful when he was testifying. The jury came back with a Complete Acquittal on all charges.

RACING ON THE HIGHWAY REDUCED to A SPEEDING TICKET- State v. Mr. I (DMC No. 7567) (Prescott Justice Court No. 2007-090598J): Mr. I was accused of drag racing his brother in separate vehicles in between Prescott and Sedona. In reality, Mr. I was in his wife’s new Volkswagen, and he had never driven it before. The reason Mr. I pulled up next to his brother, was to roll down the window and ask him how to get the highway, because his wife did not have GPS. Mr. I then accelerated and went in front of his brother once he got his answer. An Officer had been following closely behind and mistook their actions as Drag Racing. We were able to convince the Prosecutor to knock it down to a simple Speeding Ticket, rather than a criminal infraction. This was important because Mr. I was in the United States on a Student Visa.

RECKLESS DRIVING DISMISSED – State v. Mr. L. (DMC No. 6697) (Prescott City Court 2006-080846C): Mr. L. was travelling behind another vehicle, which continuously accelerated every time Mr. L. attempted to pass. The other driver was engaging in a “road rage”, and eventually the 2 vehicles collided. Some civilian witnesses saw this all occur. During the defense of the case, many of the witnesses were uncooperative with the Prosecution, and the State was forced to dismiss all charges.

(2003030245CR): Mr. W., who was under 21 years of age, was involved in a minor traffic accident. Prescott City Police smelled alcohol on his breath, and administered a Preliminary Breath Test to him. Because this device is not certified as admissible, we were able to suppress the breath test results and secured an offer to Mr. W. of a mere speeding ticket with a fine.

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