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Category Archives: 15 Vehicular Aggravated Assault Pre-Charge Victories

NOT CHARGED | MANSLAUGHTER – State v. Mr. T. (DMC No. 6044) (Maricopa County Sheriff’s Office DR2005-095229): Mr. T. was driving along the roadway, when an elderly man rode his bicycle directly in front of Mr. T.’s his vehicle and he was struck and killed. Mr. T. was subsequently interviewed and provided a blood and urine sample. Although it came back with the presence of marijuana, we conducted interviews with other witnesses and a first officer on scene and it was determined that Mr. T. was not impaired. We convinced them not to file any charges against him for manslaughter. He did, however, receive a citation for misdemeanor DUI drugs. He was originally facing possible 7 to 21 years in prison, and ended up with a misdemeanor misdemeanor DUI drugs with 1 day of jail.

NOT CHARGED | VEHICULAR AGGRAVATED ASSAULT (dangerous)/CRIMINAL DAMAGE – State v. Ms. M. (DMC No. 5654) (Maricopa County Booking P018038/Goodyear Police Department DR2004-00006748): Ms. M. was an 18 year old female who had psychiatric problems, and she was arguing with her mother and brother. She was taking anti-depressants, and had recently lowered the dose just before the incident. She was threatening to kill herself with a knife and the police were called. As she was leaving in her car, her mother got behind the vehicle and was struck. When the police arrived, they saw various items broken inside the house and they charged Ms. M. with “Criminal Damage” and “Vehicular Aggravated Assault” (dangerous). She was arrested and was facing 5 to 15 years on the Aggravated Assault charge alone. We were able to intervene with Prosecutor and convince them to not move forward with the charges. Ms. M. has no convictions on her record.

NOT CHARGED | VEHICULAR AGGRAVATED ASSAULT (.119 BAC) NOT CHARGED – State v. Mr. B. (DMC No. 10395) (DPS investigated): Mr. B. was originally in a bad DUI accident in which his breath alcohol was a .119.  The other person who was injured went to the hospital and subsequently filed a civil law suit.  During the course of the law suit, the victim’s attorney contacted us and had stated that the victim had undergone 6 surgeries and almost lost his arm.  Due to the nature of the injuries, we became involved in order to ensure the that County Attorney’s Office would not pick up the case and file AGGRAVATED ASSAULT charges, which would expose Mr. B. to 5 to 15 years of prison.  We were ultimately successful in keeping the case a civil matter, and no charges were brought against Mr. B.

NOT CHARGED | VEHICULAR AGGRAVATED ASSAULT – State v. Mr. Z. (DMC No. 10718) (Scottsdale PD investigated): Mr. Z. was at a Christmas party, when another individual noticed Mr. Z.’s BMW M3.  That other individual asked to go for a ride in the vehicle, and they both left.  Each of them took turns driving the car, and both had been drinking.  Subsequently, the vehicle was involved in a wreck in which both parties were knocked unconscious and went to the hospital and had no memory of who was driving.  Eventually, the other party claimed Mr. Z. was driving and filed a law suit in order to collect insurance money.  We were able to convince the police that they could not accurately place Mr. Z. behind the wheel, and no charges were brought.  He was originally facing 5 to 15 years in prison.

NOT CHARGED | VEHICULAR AGGRAVATED ASSAULT – Mesa, Arizona (DMC No. 7079): Mr. M. was involved in a motor vehicle accident in which the other drivers sustained numerous life-threatening injuries. When police arrived, Mr. M. and a second person in his car were standing outside. Although Mr. M. admitted to driving, it was found that the other person standing by the car was also impaired. There was some question by the witnesses as to who the actual driver was. Mr. M. subsequently provided a blood test which revealed a .161 BAC. In addition to the question of who the actual driver was, we were also able to question the telephonic search warrant and affidavit the police secured to draw Mr. M.’s blood. We were able to convince the County Attorney not to file any charges. Mr. M. was facing 5 to 15 years in prison.

NOT CHARGED | VEHICULAR AGGRAVATED ASSAULT – Peoria, Arizona (DMC No. 7090): Mr. S. was traveling down a roadway in Peoria at approximately 40 mph at 11:00 o’clock at night when he was involved in a head-on collision. He had been drinking alcohol and witnesses claimed he had drifted over the center median. We were able to show that the other driver had misdemeanor warrants and a suspended license. Combined with questions involving the actual accident scene, we were able to convince the Maricopa County Attorney’s Office not to press charges. Mr. S. would have been facing 5 to 15 years in prison.

NOT CHARGED | VEHICULAR AGGRAVATED ASSAULT/HIT & RUN – State v. Mr. D.: Mr. D. was involved in a traffic accident in which the victim sustained a broken wrist. Due to identification problems, we were able to negotiate a civil settlement, and the State agreed to not file charges.

NOT CHARGED | VEHICULAR AGGRAVATED ASSAULT – Mr. C. was accused of driving drunk and going through a stop sign, thereby striking an individual and breaking his collar bone. Detectives had hospital workers hold down Mr. C. in order to obtain blood. There was no proper warrant and we were able to suppress the blood reading. Because no blood would be coming into evidence, the prosecutor did not file charges.

NOT CHARGED | VEHICULAR AGGRAVATED ASSAULT/HIT & RUN – State v. Mr. B.: Mr. B was accused of a Hit & Run accident with serious injury which occurred on the off-ramp of the freeway. Police indicated our client was the driver of the vehicle. We insisted that a photo-lineup be shown to the victim. The victim could not identify our client. After working out an agreement to pay damages through insurance, the Detectives declined to file any charges against Mr. B.

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