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Category Archives: 16H Reckless Driving Victories

NOT GUILTY/ COMPLETE ACQUITTAL at BENCH TRIAL: RECKLESS DRIVING – State v. Mr. S (DMC No. 8519) (Scottsdale City Court TR2008-028574): Mr. S was a juvenile who was attending Desert Mountain High School and was driving out of the parking lot as school let out.  An off-duty Police Officer who acted as a Security Officer was attempting to direct traffic for 2 exits simultaneously. Mr. S began to turn right when the Officer stepped in front of his car to waive him off. As Mr. S was going 3-5mph, he struck the Officer and ran over his foot. At Bench Trial, we were able to show the Judge that this was not an intentional act and he was not in “reckless disregard” for the safety of another person. The Judge agreed with us and found Mr. S Not Guilty of Reckless Driving.

RECKLESS DRIVING DISMISSED – State v. Mr. J. (DMC No. 10621) (Paradise Valley City Court 37417): A Paradise Valley Police Officer stated that he saw Mr. J.’s vehicle turn into the parking lot of the Franciscan Renewal Center at 60th Street and Lincoln.  He saw it drive rapidly and then turn back out of the property, and then the taillights “disappeared”.   He found the vehicle crashed in the desert and Mr. J. was not inside of the vehicle.  Due to the possible issues regarding positively identifying the driver, we were able to convince the Prosecutor to dismiss all charges in exchange for some community service hours.

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.

CONVICTION SET ASIDE | RECKLESS DRIVING – State v. Ms. K. (DMC No. 10698) (Tempe City Court 2011-028905): Ms. K. had been cited for a DUI which was reduced to a reckless driving.   She subsequently completed all classes and probation, and wished to go on to New Jersey in order to teach.  We were able to have the court set aside her judgment of guilt, and the complaints against her were dismissed in full.

REDUCED | RECKLESS DRIVING/RACING REDUCED to “speeding” ticket – State v. Mr. L. (DMC No. 10741) (Scottsdale City Court TR-2012013187): Mr. L was seen southbound on 82nd Street leaving a Circle K parking lot.   He was accused of “peeling out”, and fishtailing as he accelerated rapidly out of the store.  The officer cited him with “reckless driving”, exhibition of speed/racing, and improper left turn.  They presented ariel photographs of the area (through Google Earth) and also explained that nobody was actually put in harm’s way.  In addition, Mr. L. drove a powerful car that would often squeal its tires at a light touch on the gas pedal.  The prosecutor agreed to dismiss the “reckless driving” and “racing” tickets in exchange for a simple “speeding ticket” and small fine.

REDUCED | ENDANGERMENT/RECKLESS DRIVING REDUCED to “failure to obey a police officer” – State v. Ms. T. (DMC No. 4686) (San Tan Justice Court CR03-01052MI): Ms. T. was driving to pick up her children from a school function as it was getting dark, when she came upon an accident scene in which officers had set up cones and were stopping traffic.  She drove between the cones in order to go straight, and the officer stopped her.  As he was talking to her at the side of her car, she said she had to pick her kids up because “they could be in danger” and she took off.  The officer was almost knocked to the ground, and she finally stopped.  He asked her numerous times to exit the vehicle and she kept refusing numerous commands.   She was eventually pepper sprayed and dragged out of the vehicle.  Due to the fact that she had various mental issues, we were able to convince the prosecutor to dismiss the “endangerment” and “reckless driving” charges (which would have cost Ms. T. her driver’s license) in exchange for a “failure to obey a police officer” ticket with a fine only.

REDUCED | RECKLESS DRIVING/AGGRESSIVE DRIVING REDUCED to “speeding” and “weaving” tickets – State v. Mr. G. (DMC No. 4584) (West Mesa Justice Court TR04-04312 CR): Mr. G. was on the 101 north bound near Chaparral Road when he began “road raging” with another truck.  He was tail gating the truck, and then he shifted lanes so quickly he came directly behind the officers unmarked police car.  He then snapped back in front of the truck, and flipped him off after he hit his brakes.  He then took off at 79 MPH and the officer pulled him over.  Mr. G. admitted he had lost his cool with the other driver.  Because Mr. G. was so young, we were able to convince the prosecutor to dismiss the “reckless driving” and “aggressive driving” charges (which carried potential jail time and would have cost Mr. G. his license) down to a “speeding” and “weaving” ticket with a fine and traffic school only.

DISMISSED | RECKLESS DRIVING DISMISSED with diversion – State v. Mr. B. (DMC No. 6574) (Maricopa County Juvenile Court JV-1034027): Mesa Officers were called to an accident scene were they observed Mr. B.’s vehicle tipped on its side with several trees knocked down.  A witness claimed that Mr. B. passed him at 60 to 65 MPH at just past midnight.  Although the trees cost $1,500 to replace, we convinced the prosecutor to dismiss the “reckless driving” charge in exchange for diversion classes based on Mr. B.’s young age.

REDUCED | RECKLESS DRIVING REDUCED to “failure to obey traffic control device” with zero jail – State v. Mr. W. (DMC No. 6593) (Mesa City Court 2006045335):  Mr. W. was observed by a Mesa Officer approaching an accident scene with two patrol cars were blocking two of the lanes and half of the suicide lane.  Cones were set up which wouldn’t let anybody turn either right or left.   Mr. W. was observed driving around the patrol cars and attempting to go straight.  When he was stopped, Mr. W. stated that since no officers were directing traffic, he thought he could drive that direction.  We convinced the prosecutor to dismiss the “reckless driving” charge (which would have cost Mr. W. his license) in exchange for a simple traffic ticket.

(Globe Justice Court No. TR2012-1141):  Mr. S.  was stopped due to a report of an erratic driver.  When the officer stopped him, he noticed that Mr. S. appeared to be impaired.  Following a DUI investigation, the State alleged Mr. S. was under the influence of Spice.  The State also charged Mr. S. with Reckless Driving.  During our investigation, we learned that Mr. S.’s blood sample had been destroyed by the laboratory after testing.  We were able to get the blood test results suppressed and all charges were dismissed prior to trial.

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