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Category Archives: 909 Scottsdale DUI Wins

(Dec. 6, 2018) NOT GUILTY/COMPLETE ACQUITTAL at JURY TRIAL – SUPER EXTREME DWI (.235 BAC) & EXTREME DWI, DUI & DWI – State v. Ms. L (DMC No. 15440) (Scottsdale City Court TR2017-031349): At 2:53 in the morning, a Scottsdale Police Officer was patrolling the parking lot of Nordstrom’s Rack located in North Scottsdale.  The officer observed a vehicle that had driven up on the sidewalk in front of the Nordstrom’s Rack. The vehicle had its engine running, headlights and running lights illuminated.  Inside of the vehicle was Ms. L, who was asleep and her car was in drive.

When Ms. L was awakened, she did not recall how she got there.  She subsequently provided a blood test, which revealed a .235 BAC.  After she was released from custody, she found out that her former boss and his girlfriend had driven her to that location in their car. The three of them were at a holiday party where Ms. L had become extremely intoxicated.  Ms. L’s boss’s girlfriend began to yell at him, and he put her inside of the vehicle with the engine on and the heater running. He left a verbal message for one of her friends to come and get her. At the Scottsdale City Court trial, the boss came in and testified that he indeed and placed her in the vehicle and then started the engine. Since nobody knows how the car got up on the sidewalk or why it was in drive, the jury had reasonable doubt as to Ms. L actually operating the vehicle.  They found that she was not in “Actual Physical Control” and she was acquitted of all charges.

NOT GUILTY/ COMPLETE ACQUITTAL at JURY TRIAL: SUPER EXTREME DWI (.214 BAC) EXTREME DUI, DUI and DWI – State v. Ms. W (DMC No. 12692) Mar. 17, 2015 (Scottsdale City Court TR2014-015549): Ms. W was a passenger with a friend who was driving on 2nd Street between Goldwater Boulevard and 68th Street in Downtown Scottsdale. A Police Officer was seen up ahead, and the friend pulled the car over “because he was really drunk”, and didn’t want to get in trouble. Ms. W got out the car and walked to the driver’s side and got in while the driver slid over to the passenger seat. While she was sitting in the car, the engine was on and the air conditioner was on (it was the height of summer). She got on her cell phone to call to have a ride come pick them both up.

The Police contacted Ms. W and arrested her for DUI and underage drinking and driving. They claim that she was in “Actual Physical Control” (APC) of the vehicle. At Jury Trial, we presented evidence that Ms. W was merely using the car as “temporary shelter” until her ride would arrive. The Jury agreed that she was not actually operating the car, and she was found Not Guilty of these charges.

NOT GUILTY/COMPLETE ACQUITTAL at JURY TRIAL/DUI and DWI (.133 BAC) – March 21, 2014 – State v. Ms. L. (DMC No. 11882) (Scottsdale City Court TR2013-009192): Ms. L. was traveling on Scottsdale Road when officers noticed that she had an expired license plate. She was subsequently pulled over and a DUI investigation ensued. During the FST’s, it was indicated that she had no problem with the “one leg stand” and only had 4 of 6 cues on “horizontal gaze nystagmus” (HGN). Subsequently, blood was drawn and the officer inadvertently wrote “2:38 a.m.” instead of “12:38 a.m.” on the blood kit. He had to reopen the blood kit (breaking the seal), correct the time and then reseal the kit. During trial, the State’s Criminalist stated the there was no issues or anything unusual with the blood kit that he had tested. Our expert then got on the stand and pointed out that the kit had been opened after the original seal had been put in place. The jury deliberated over night and came back with a verdict of “not guilty” on all charges.

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DISMISSED | SUPER EXTREME DUI (.234 BAC) (Scottsdale Municipal Court No. 20030137CR): The Scottsdale City Police received a 911 call claiming that Mr. C. had been driving erratically. He was subsequently stopped and provided a blood test, which revealed a .234 BAC which qualified him for an Extreme DUI. Mr. C. had asked for an attorney, and the officers did not let him call. We filed a Motion for Denial of Right to Counsel, which was granted by the Judge, and all charges were dismissed.

Click here to learn more about Super Extreme Dui in Arizona. If you would like to speak with a lawyer about your case, call (602) 307-0808 or send us an email through our confidential form.

DISMISSED | EXTREME DUI (.190)(Scottsdale Municipal Court No. 9811790CR): Ms. D. was involved in a multiple car accident and was subsequently arrested for Extreme DUI. She submitted a .190 breath sample. We were able to show that the calibration records for the Intoxilyzer machine were insufficient and the breath test results were suppressed. The Scottsdale City Prosecutor’s Office subsequently dismissed all charges.

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DISMISSED | DUI (.155) – (Scottsdale Municipal Court No. 2003-12905CR): Mr. T. was stopped for allegedly weaving and making an improper right hand turn. Upon contact, he smelled of alcohol and he stated to the officer, “When do I get to talk to my lawyer?” The officers did not allow him to speak to a lawyer before he submitted to a blood test, which resulted in a .155% BAC. We filed a Denial of Right to Counsel Motion, which was granted by the judge at an Evidentiary Hearing, resulting in a dismissal of all charges.

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DISMISSED | DUI DRUGS (Soma, Xanax) – State v. Ms. B. (DMC No. 10268) (Scottsdale City Court TR-2010007867): Ms. B. was pulled over at 116th Street & Shea for allegedly travelling at a high rate of speed and striking a curb.  She was ultimately contacted and appeared to be very unsteady on her feet.   She told officers that she had had surgery and was taking Soma and Xanax per her doctor’s instructions.  We are also able to present evidence from her doctor that she had a thyroid condition.  Ultimately we convinced the prosecutor to dismiss all charges.

DISMISSED | DUI DRUGS (Adderall) – State v. Ms T. (DMC No. 10736) (Scottsdale City Court TR2011-019886): Ms. T. was pulled over for a minor traffic violation in downtown Scottsdale.  When the officers gave her a breath test, it only revealed a .028 BAC.  She admitted to taking Adderall due to her ADHD.  Officers then gathered a urine sample and cited Ms. T. for DUI drugs.  Due to the various issues with collecting the urine, and the fact that the Scottsdale Crime Lab did not produce the urine results in a timely fashion, we were able to get all criminal charges dismissed.

DISMISSED | DUI DRUGS (Marijuana) – State v. Mr. M. (DMC No. 10455) (Scottsdale City Court TR-2011028359): Mr. M. was at an intersection in 3rd Avenue & Craftsman Court in Scottsdale, where he stopped his vehicle to let off passengers.  He was stopped for blocking the intersection.  Subsequently, a DUI investigation ensued and the officer stated he saw a “green film” on Mr. M.’s tongue and accused him of smoking marijuana.  Ultimately, a Drug Recognition Evaluation (DRE) was conducted and urine was collected.  After a 3 month fight with the Scottsdale City Prosecutors Office, urine results came back negative for any marijuana.  The DUI’s were dismissed summarily.  We then lobbied for the Scottsdale City Prosecutors Office to look into the officer’s behavior.

(DMC No. 9899) (Scottsdale City Court No. TR-2011-00561): Mr. D. was pulled over in downtown Scottsdale because his headlights were not on all the way. The valet parker had turned his headlights to parking lots rather than “auto”. When Mr. D. was stopped, he provided a .097 preliminary breath test. Due to his good performance on his field sobriety test, we were able to negotiate a plea to driving without headlights and a $231 fine.

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