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Category Archives: Tempe City Court / Tempe Municipal Court Victories

Not Guilty/Complete Acquittal at Jury trial – DUI & DWI (.123 BAC) – State v. Mr. C (DMC No. 15766) – May 31, 2019 – Tempe City Court (Case No. 19-000913):  Mr. S worked the night shift for his job and usually slept in the day.  On this particular day, he stayed up and did some maintenance work putting flooring into his house.   He then took a nap at around noon time.  Later on he woke up at around 6 o’clock got up and got ready and met his friends at the Cornish Pasty in Mesa, Arizona. While he was there he drank 2 to 3 beers.

He left with a friend of his and drove her car as a designated driver.  He was subsequently pulled over by an undercover Officer at about 12:30 a.m.  The Officer said that he was weaving into the bike lane, and Mr. S responded that he was distracted by his passenger trying to give him directions to her house.  He was pulled out of the car and asked to do field sobriety tests.

While he was doing these tests, he performed very well.  He kept his foot up for all 30 seconds during the one leg stand test.  In addition, he conducted a walk and turn test in which the officer said he had stepped off the line numerous times.  At jury trial we were able to show the officer’s chest cam video proving that Mr. S had not stepped off the line at all.  In addition, all of the field tests showed that he looked rock solid.   He later provided a breath test which produced a reading of .123 BAC.

Because his field sobriety tests were done so well, they did not match up with the .123 BAC reading.  We also had our Expert Witness attack the validity of the breath test, as he pointed out numerous flaws in the breath testing science and the maintenance of that particular device.  Ultimately, the jury went out and deliberated and came back and returned a verdict of Not Guilty on all charges.

FELONY SEXUAL ASSAULT and FELONY SURREPTITIOUS VIDEO TAPING NOT CHARGED – State v. Mr. T (DMC No. 14041) (Tempe Police Department DR No. 2014-138947): Mr. T, an ASU student and member of the Delta Kappa Epsilon fraternity, was accused by another ASU female sorority member of having engaged in sexual intercourse with her and Video Taping her without her consent. These accusations came after a party at Mr. T’s residence. During the course of the gathering at the home, Mr. T, along with another fraternity member, engaged in sexual intercourse with the alleged victim. This threesome was video recorded by Mr. T. After the sexual interaction, the parties left Mr. T’s room and went back to the party. The sorority girl left the party with her friends at that time. While she was leaving with her friends a discussion ensued causing her friends to have her transported to the hospital for an evaluation. Once at the hospital, Tempe police were called regarding an alleged Sexual Assault per Arizona Revised Statute ARS 13-1406, and Surreptitious Video Taping per Arizona Revised Statute ARS 13-3019. When police arrived to the hospital they interviewed her and her two friends about what had occurred at the house. Medical staff informed the officers that they believed she had been acting precarious, as she was upbeat and joking with her friends while at the hospital, not a demeanor expected for somebody having just been Sexually Assaulted. She then indicated at this time that she did not desire prosecution.

Approximately 10 hours after the initial report was made, police were re-contacted by her, and she indicated that she had just found out that a video of the alleged Sexual Assault that occurred the night prior was being shown to a variety of pledge members in the fraternity. The Officer conducted an investigation regarding the video and interviewed one of the fraternity pledge members. He told officers that Mr. T and the other male involved in the threesome were showing the video of the sexual encounter to the pledges on a laptop. At this time, the sorority girl indicated she was willing to prosecute for the Sexual Assault and Surreptitious Video Recording.

Based on the information provided a search warrant was executed at Mr. T’s home in Tempe, Arizona. During the execution of the search warrant, Mr. T’s laptop was seized and impounded into evidence. After the police contact and execution of the search warrant, Mr. T contacted our office. Once our services were retained, I met with the Pre-Charge team and we decided to (1)  retain the  services of  a  private investigator, (2)  conduct initial Internet and Facebook research on the alleged victim, (3) contact the Detective regarding the status of the investigation, (4) obtain a copy of the search warrant Affidavit, (5) schedule a polygraph examination and forward that information to the Detective if the results were favorable, (6) obtain a copy of the police report from Tempe Police Department, (7) send a Trebus letter to the Maricopa County Attorney’s Office, and (8) retain the services of a forensic expert and submit a spoliation letter to the Detective regarding the video and computer.

Within days of being retained we retained the services of our Private investigator. Additionally, we retained the services of a computer expert in order to obtain a clone of the computer and video seized during search warrant execution.

We had constant contact with the Detective case agent. We were told by the Detective that the video seized from our client’s computer clearly showed and established the consensual sexual contact with the three individuals. However, it does not show any evidence of Sexual Assault. Additionally, the Detective indicated there would be no charges for Surreptitious Videotaping as the sorority girl clearly looked into the camera while engaging in the sex acts. Based on the fact that the video appeared to show consensual sex acts, this case was closed.

NOT GUILTY/COMPLETE ACQUITTAL at JURY TRIAL| DUI & DWI (.127 BAC)– State v. Mr. C (DMC NO. 13098) Sep 3, 2015 (Tempe City Court Case NO. 14-048715): Mr. C was seen at 1:30 in the morning eastbound on Rio Salado Parkway approaching Scottsdale Road in Tempe, Arizona. Tempe Police Sergeant Cullins stated that as the light was changing from yellow to red, he was slowing down and Mr. C passed him on his left side and went through a red light. After Mr. C was pulled over, he was put through various Field Sobriety Tests and the Officer arrested him for DUI.

At Trial, we presented evidence that the Officer saw only 4 of 6 Cues of HGN (The Eye Test). We presented evidence that Mr. C had a natural Nystagmus which causes his eyes to involuntary jerk side to side. Therefore, the State’s HGN test was invalid. In addition, we showed that there was evidence of potential “mouth alcohol,” which could have affected the breath testing device. At the end of the Jury Trial, it took only 20 minutes for the Jury to come back with a Not Guilty verdict on all charges.

ASSAULT REDUCED to a MINOR in CONSUMPTION – State v. Ms. C. (DMC No. 10776) (Tempe City Court 12-029781): Ms. C. and her roommate were out at a bar, when they got into a fight.  They subsequently went back to their apartment, and began fighting again.  When police arrived, they found out both were intoxicated and possessed false ID’s.  Because Ms. C.’s roommate was bleeding from her lip, Ms. C. was arrested.  We were able to convince the Prosecutor’s to dismiss the assault in exchange for a simple “minor in consumption” ticket with no jail.

NOT GUILTY/COMPLETE ACQUITTAL at JURY TRIAL| SUPER EXTREME DWI (.257 BAC), EXTREME DWI, DUI & DWI – State v. Mr. P (DMC NO. 12923) Jul 2, 2015 (Tempe City Court Case No. 14-036979): Mr. P was seen at The Brickyard’s area in Tempe by a Security Guard urinating inside the parking garage, and when confronted he was told to go to Jack in the Box. He apologized for his behavior and approximately 40 minutes later, the same Security Guard saw Mr. P asleep in his vehicle in a parking spot with the engine running and the air conditioner on. Police arrived and it took them several attempts to awake Mr. P.

Once he was taken to the station, he provided a blood test which revealed a .257 BAC. We presented evidence to the Jury that the State lacked proof of “Actual Physical Control” (APC). We proved that Mr. P was merely using his vehicle as “temporary shelter,” and was not actually operating his vehicle. The State argued that because his engine was on, this constituted “Driving”. The Jury did not buy the State’s argument, and Mr. P was found Not Guilty of All Charges. He was originally facing a minimum of 45 days in Jail if convicted.

NOT GUILTY/COMPLETE ACQUITTAL at BENCH TRIAL: PROSTITUTION- State v. Ms. M (DMC No. 8114) Oct. 23, 2008 (Tempe City Court No. 08-061683): Ms. M had an Ad under the listing of “Erotic Services” on Craigslist. Undercover Tempe Detectives set up a sting operation. One Officer contacted her and asked her how much it was ”for her services”. She responded that it was $350 and he got her down to $300. When she showed up at his hotel room, she matched the photograph that was in the Ad. He asked her if she was the one who placed the advertisement, and when she said yes, she was immediately arrested.

At Bench Trial we were able to show that no sex acts were discussed, nor was any money exchanged. In fact, she had only walked in the room and stated that she had posted the Ad. The judge ruled in our favor and found that there were no elements of Prostitution given the evidence presented, and a verdict of Not Guilty was rendered. Ms. M was Acquitted of all charges.

DISMISSED | ARSON/RECKLESS BURNING – State v. Ms. P. (DMC No. 11846) (Tempe City Court 13-008832): Police received a call that some trash was burning in a trash can in the bathroom of the Tailgate Sports Bar on Broadway Road in Tempe.  One of the bartenders indicated that she thought it was Ms. P. that set the fire.  Officer’s pulled Ms. P. over with her boyfriend down the road and then they arrested him for a DUI.

We were able to have that DUI dismissed due to the officer being untruthful (he was eventually terminated).  After he was fired, Ms. P. was then charged (many months later).  We were able to argue that this was a potentially vindictive prosecution, along with the filing of a “Corpus Delicti” Motion, and the entire case was dismissed.

PARTIAL ACQUITTAL at BENCH TRIAL | ASSAULT – State v. Mr. W. (DMC No. 8592) (Tempe City Court 08-103209) Mr. W. was at a local bar in downtown Tempe when 4 bouncers approached him and told him to leave the bar. They grabbed him and brought him down to the front area and then told him he could not come back in. While Mr. W. was arguing with the bouncers, the police arrived, and the bouncers began fighting with Mr. W. He was then charged with Assault, Trespass and Disorderly Conduct. At trial, we were able to obtain a “Not Guilty” verdict on the most serious charge (Assault). Although he was found guilty of the Trespass and Disorderly Conduct, this resulted only in a small fine and no jail time.

DISMISSED | SUPER EXTREME DUI (.246 BAC) (Tempe Municipal Court No. 02-576688-2CR): Ms. R. was involved in a traffic accident. Upon contact by the officer, she admitted to drinking and taking Zoloft. She asked the officer, “should I be asking for a lawyer?” and the officer told her, “An attorney can’t help you out here.” She subsequently provided a .246 breath BAC qualifying her for an Extreme DUI. We filed a Motion to Dismiss for a Denial of Right to Counsel, and the State moved to dismiss all charges prior to the Evidentiary Hearing.

Click here to learn more about Super Extreme Dui in Arizona.

(Tempe City Court- No.: 01-508523-1CR): Tempe City Officer was dispatched to a report of a Jeep lying upside down on a roadway. When he arrived, there were two individuals seated in front of the vehicle. Mr. M. admitted to driving and asked to call his lawyer in Flagstaff. Because of issues regarding potential denial of right to counsel, and issues regarding the officer submitting to a defense interview, the case was plead down to a reckless even though there was an accident and Mr. M.’s blood BAC was a .225 qualifying him for an Extreme DUI.

Click here to learn more about Super Extreme Dui in Arizona.

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