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Category Archives: 100L Public Nuisance Victories

DISMISSED | PUBLIC NUISANCE DISMISSED – State v. Mr. B. (DMC No. 10351) (University Lakes Justice Court JC2011-116426): An ASU Police Officer indicated that he saw Mr. B at 7th Street and College Avenue in Tempe urinating by the side of a building. Instead of citing for “Public Urination,” he cited Mr. B for “Public Nuisance”. When Mr. B called into our office he was living in Texas. He insisted that he was not in Tempe, and somebody must have used his driver’s license or his identity. We put together a “photo line-up” which included six people (one of them being Mr. B), and we interviewed the officer. He could not pick out Mr. B in the photo line-up. The Prosecutor agreed to dismiss all charges.

DISMISSED | HINDERING PROSECUTION/FACILITATION of UNLAWFUL FLIGHT and PUBLIC NUISANCE ALL DISMISSED – State v. Mr. C. (DMC No. 4772) (Pinal County Superior Court Booking No. 49889): Mr. C. had been drinking with a friend on the Indian Reservation, when they got into the friend’s vehicle. The friend ended up backing into a police car and getting into a high speed chase. Both were arrested and Mr. C. was charged with “Hindering Prosecution”, being an “Accomplice/Facilitating Unlawful Flight” and “Public Nuisance”. We were able to speak with the charging Prosecutor, and he agreed to decline charges on Mr. C. because he was merely a passenger. The driver was not so lucky.

DISMISSED | CRIMINAL NUISANCE – State vs. Mr. S. (DMC No. 10070) (University Lakes Justice Court No. 2010-152518): Mr. S. was in the City of Tempe late at night when he had been partying with friends.  He was extremely intoxicated and was cited urinating into a garbage can while two females walked by and vehicular traffic was nearby.  He was subsequently charged with a more serious charge of Criminal Nuisance (versus Urination in Public) and a conviction would have gotten him thrown out of school and potentially cost him his job.  We were able to convince the prosecutor to allow Mr. S. to enroll in an alcohol treatment program in exchange for a Dismissal of all charges.

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