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Category Archives: 13-15 Vehicular Aggravated Assault Victories

VEHICULAR AGGRAVATED ASSAULT DANGEROUS (.219 BAC) WRONG WAY COLLISION on LOOP 101 with 2 VEHICLES (Involving Multiple Surgeries)  REDUCED to AGGRAVATED ASSAULT NON DANGEROUS/ENDANGERMENT with PROBATION and 3.5 YEARS in PRISON – State v. Mr. A. (DMC No. 9366) (Maricopa County Superior Court CR2009-007599):  Mr. A. had been drinking heavily and got onto the Loop 101 heading the wrong direction.  He ultimately struck two other vehicles which resulted in three separate individuals being injured.  Two of them required multiple surgeries, and one person had part of their finger amputated.  Although Mr. A. was originally facing 15 to 45 years in prison, we were able to enroll him in a rehab program and have him change his lifestyle.  We also showed the court that Mr. A. had changed the direction of his life and had become a more religious man who had renewed family support.  Ultimately, he was sentenced to only 3.5 years in prison, and was released after 2 years and 7 months with time off for good behavior.  He is now doing very well.

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.

REDUCED | Vehicular Aggravated Assault, State v. Ms. P. (DMC No. 7150) (Maricopa County Superior Court No. CR2007-006244): Ms. P. was involved in a traffic accident which resulted in 3 Counts of Aggravated Assault Dangerous, and 2 Counts of Endangerment Dangerous. One victim had a broken back, and another victim was ejected from her car, suffering vertebrae injuries. The victim’s vehicle appeared to have been speeding and may have cut off Mr. P. Because Ms. P. had been drinking alcohol, the police drew blood which resulted in a .095 BAC. She was subsequently charged with numerous charges which could have resulted in over 50 years in prison. Even though the initial offers started at 5 years in prison and came down to 2.5 years, we were able to conduct a Settlement Conference and ultimately secured an offer of probation with 6 months of jail with work furlough.

REDUCED to Misdemeanor DUI – Vehicular Aggravated Assault, State v. Mr. W. (DMC No. 7248) (Maricopa County Superior Court No. CR2007-131438): Mr. W. was involved in a traffic accident in which several people were injured. One of the people required staples to be put into his head. Mr. W. had a .19 blood alcohol reading, along with cocaine, marijuana and narcotics in this system. Because of the injuries to the victim, he was facing a potential 5 to 15 years in prison. He was also facing a potential felony DUI because his license was suspended. We were able to exploit various weaknesses of the case and get it plead to a misdemeanor DUI with 1 day in jail.

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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