Hi, How Can We Help You?

Category Archives: 911 Tempe DUI Wins

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.

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.

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.

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.

DISMISSED | DUI (PRESCRIPTION DRUGS) (DMC No. 9876) (Tempe City Court No. 10-101855-2): Mr. L. was stopped for an improper right hand turn; subsequently a DUI investigation was pursued. Because Mr. L. was taking prescription drugs, a Drug Recognition Evaluation (DRE) was conducted and the officer stated that Mr. L. was under the influence of prescription drugs. We were able to have the DRE results precluded due to lack of chemical verification on Mr. L.’s blood. All charges were dismissed.

(Tempe Municipal Court No. 06-961209-2CR): Mr. W. made a left hand turn at 8th Street and Rural Rd. against the signs which stated, “No left turn.” He was subsequently stopped and admitted to drinking at Four Peaks Brewery. After he was arrested, he provided a .155 breath test to the police. We were able to contact the Tempe City Engineer’s Office and show that these particular left-hand turn signs were not in the proper area and were not completely visible to traffic. We convinced the prosecutor to dismiss the DUI’s in exchange for an Endangerment plea.

DUI (.133 BAC) REDUCED to SPEEDING/WEAVING TICKET due to ACTUAL PHYSICAL CONTROL ISSUE – State v. Mr. H. (DMC No. 4687) (Tempe City Court 04-725857): Mr. H. was observed in the City of Tempe sitting in his car parked in an alley way while he was sleeping and the engine was running. Officers woke him up and arrested him for DUI. He eventually provided a .133 BAC. We argued he was not in “Actual Physical Control” of his vehicle, and the State relented and offered a plea to a mere “speeding” and “weaving” ticket (what is known as “points”), in exchange for getting rid of the DUI charge.

DISMISSED | DUI DRUGS (Ambien, Effexor) – State v. Ms. H. (DMC No. 4808) (Tempe City Court 04-720515-2): Ms. H. was accused of stopping approximately 5 feet into a crosswalk.  The officer gave her an eye test which he stated she “failed”.  She refused all other field tests and asked to talk to her father who was a lawyer.  Because the officer did not allow her to talk to her father, and the fact that she was on prescription medications for Ambien and Effexor, we were able to convince the prosecutor to dismiss all charges.

REDUCED | DUI – State v. Mr. K. (DMC No. 7239) (Tempe City Court No. 06-950941) REDUCED to Reckless Driving on the Day of Trial -: Mr. K was pulled over for allegedly not having his headlights on. Subsequently, he was given a Preliminary Breath Test which revealed a .217 Breath Alcohol Content. However, he had clear speech and no trouble on the majority of Field Sobriety Tests. Once at the station he provided a Breath Test on a machine that revealed a .125. That device was shown to have multiple calibration issues, and on the day of trial the Tempe City Prosecutor extended an offer of Reckless prior to picking a jury.

If you need to speak with a Tempe, AZ DUI Lawyer, click here. To schedule a free consultation, call our offices at (602) 307-0808.

Call Now Button