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Category Archives: Surprise City Court Victories

Not Guilty/Complete Acquittal at Jury Trial – Super Extreme DWI, Extreme DWI DUI & DWI (.268 BAC) – State v. Ms. G (DMC No. 15767) – Jun 5, 2019 – Surprise City Court (Case No. TR2018-00417):  Ms. G was parked in her SUV on the north side of Cactus Road and various vehicles were driving past her as she would wave them by.  An Officer arrived in order to perform a “motorist assist”.  When he made contact with Ms. G, she smelled strongly of alcohol and he found an open bottle of vodka in the car.  Ultimately, she was placed under arrest after doing field sobriety tests and was taken to the police station.  When she was given a blood test it revealed a .268 blood alcohol (almost 3 ½ times the legal limit). Although she had protested that her car was out of gas, and she was simply sitting in the car, they still cited her with the Super Extreme DWI charge.

At trial, we were able to show that she had indeed run out of gas, and then sat in her car and drank the bottle of vodka while she was parked.  We argued to the jury that her vehicle was merely a “temporary shelter”, while she was waiting for her ride to arrive.  Ultimately, the jury agreed and returned a verdict of Not Guilty on all charges.

INSURANCE FRAUD ($23,000) and THEFT of MEANS of TRANSPORTATION NOT CHARGED; FALSE REPORTING DISMISSED – State v. Mr. C (DMC No. 8485) (Surprise City Court CR07-01028/Surprise Police Department DR 07096356): Mr. C had gone to Las Vegas to get married, and when he got back his truck was missing. It was found by the Peoria Police Department burned out in the desert. This was then reported to the Surprise Police Department, and Mr. C had filed a stolen vehicle report. The police and insurance company became suspicious and interviewed a friend of Mr. C’s who stated that Mr. C had another friend named “Greg” steal the vehicle and burn it so he could file an insurance claim in order to recover $23,000.

We became involved in the case, and dealt directly with the Detective on Mr. C’s behalf. The Detective filed a direct complaint into the Surprise City Court for False Reporting. We ultimately got this charged Dismissed. In addition, the Detective routed his file over to the Maricopa County Attorney’s Office to be reviewed for charges of Insurance Fraud and Theft of Means of Transportation. Due to our intervention, no charges were brought against Mr. C. If he would have been charged, he could have done time in prison.

THREATS/PROBATION VIOLATION REDUCED to DISORDERLY CONDUCT with 10 DAYS JAIL – State v. Ms. M. (DMC No. 4984) (Surprise City Court CR03-01164): Ms. M. was in court pleading guilty to an assault charge when she walked by the person she had gotten into a fight with (the alleged victim) and stated “are you happy”.  Immediately the victim stated “good, you are going to get some more”, and told Deputies in the court that she had been threatened.  Ms. M. was arrested and charged with threats, and a petition to violate probation was filed.  We were able to interview all witnesses, and show that nobody actually heard any threats being made, and the Prosecutor agreed to amend the charge down to a simple “disorderly conduct”, and dismiss the petition to violate probation.  Ms. M. was facing a possibility of up to 1 year in jail on both incidents.

 

REDUCED | MISDEMEANOR VEHICULAR MANSLAUGHTER (A.R.S. 28-672) REDUCED to probation with zero days in jail – State v. Mr. R. (DMC No. 10402) (Surprise Municipal Court TR11-00425): Mr. R. made a left hand turn in front of a vehicle that contained two passengers.  A 93 year old woman died due as a result of that collision.  Mr. R. was cited under ARS 28-672 “causing death due to a moving violation”, and faced up to 6 months in jail.  Although witnesses claimed it was Mr. R.’s fault, we were able to show the prosecutor that it may have been the other driver’s fault.  Ultimately, they offered a plea with restitution and 160 hours of community service with no jail time.

HIT AND RUN REDUCED to “unsafe backing” ticket – State v. Ms. B. (DMC No. 4551) (Surprise City Court TR04-02050): Ms. B. had been backing out of her driveway when she struck a car that parked across the street in order to visit a friend.  She then drove away, and a neighbor reported her to police.  When contacted by police she denied being involved in the accident, although she admitted to driving and that her stereo had been very loud.  The prosecution was eventually convinced to offer her a plea to “unsafe backing” for a fine of $113.

DISMISSED | Criminal Damage, State v. Mr. B. (DMC No. 7293) (Surprise Municipal Court No. CR07-00271): Mr. B. was in the process of going through a divorce with his wife when she returned to find him sitting in the living room with a friend. She noticed that several items were broken in the house and she yelled at him and his friend to leave. She then went upstairs and heard more items breaking, and the police were then summoned to their house. We were able to convince the prosecutor that Mr. B. deserved to have some type of Diversion classes in which charges would be dropped. They agreed, and ultimately all charges were dropped.

DISMISSED – Disorderly Conduct, State v. Mr. C. (DMC No.7238) (Surprise Municipal Court No. CR07-00026): Mr. C. had come home from a fishing trip and had said hello to his neighbor. He had had previous police contacts at his house before. The neighbor would not acknowledge him, and Mr. C. became upset and began yelling, “Are you too good to say hi to me?” The yelling continued and his neighbor then called the police. Although Mr. C. was charged with Disorderly Conduct, we were able to show the prosecutor that this was not truly disorderly behavior and that his speech was protected by the First Amendment. The prosecutor agreed and all charges were dismissed.

DISMISSED – Disorderly Conduct, State v. Mr. H. (DMC No.7301) (Surprise Municipal Court No. CR07-00386): Some neighbors had called regarding Mr. H. riding around on a recreational vehicle in a reckless manner up and down the neighborhood streets. When police arrived, they saw Mr. H. arguing with his neighbor. Mr. H. then walked to the back yard and began punching a shed and then arcadia door with his bare fist. His knuckles were bleeding and he appeared to be intoxicated. He was subsequently arrested and charged with Disorderly Conduct. We were able to convince the prosecutor that a person cannot be disorderly in their own backyard with their own property without other neighbor’s peace and quiet being disturbed. The State agreed and all charges were dismissed.

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