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Category Archives: West Mesa Justice Court Victories

Not Guilty/Complete Acquittal at Jury Trial – Super Extreme DWI (.224 BAC), Extreme DWI, DUI and DWI – State v. Ms. D (DMC No. 15986) – Nov 5, 2019 – West Mesa Justice Court (Case No. TR2018-161434): Ms. D had been at work, at a local hotel, speaking with a co-worker whose dog had recently drowned in a swimming pool.  While they were talking they decided to have a couple glasses of wine after work.  On her way home at the 101 and McDowell, she was pulled over by a DPS Officer.  The Officer smelled alcohol and subsequently put her through various Field Sobriety Tests and arrested her.

When she arrived at the station, she was asked to provide a sample of blood.  That blood sample came back with a .224 BAC.  During Jury Trial, the Prosecutor failed to illicit the exact time of the stop during the Officer’s testimony.  After the State rested, we made a Motion to Suppress the blood alcohol reading because there was no proof that the blood was drawn within two hours of actually driving.  The Judge agreed with our Directed Verdict motion and entered a verdict of Not Guilty on the Super Extreme DWI, the Extreme DWI and the DWI.  After the defense trial was put on regarding the remaining charge of DWI, the jury returned a verdict of Not Guilty on that charge also.  At that point, the Judge even entered a finding of Not Responsible for the original swerving ticket that Ms. D was cited with.  This resulted in a Complete Acquittal of all criminal charges and a Dismissal of the only civil charge that was remaining.

NOT CHARGED | ENDANGERMENT/ASSAULT and POSSESSION of MARIJUANA – State v. Mr. M. (DMC No. 1210) (West Mesa Justice Court A426477): Mr. M. pulled up to a convenience store when another vehicle pulled up and the driver “flipped him off”.  He ran up to speak to the driver, and as he did so he turned his hip to reveal a gun on a holster.  The other driver apologized and Mr. M. went into the store.  Ten minutes later police showed up and arrested him.  They claim they found marijuana in his possession, and charged him with endangerment, assault, and possession of marijuana.  Because Mr. M. had invoked his right to remain silent, along with our explanation to the Prosecutor that he never threatened the use of his weapon (or made threats in any way), and no charges were filed against Mr. M.

DISMISSED | SHOPLIFTING – State v. Mr. H. (DMC No. 8999) (West Mesa Justice Court JC2009-121878): Mr. H. was observed going through a department store trash can and picking out receipts.  He would then pick the matching merchandise off the shelves in attempt to return those products. Due to Mr. H.’s young age, and drug addiction, we were able to convince the Prosecutor to dismiss charges in exchange for 30 hours of community service.  Mr. H. also enrolled himself voluntarily into a drug treatment plan.  No conviction is on Mr. H.’s record.

DISMISSED TWICE | ASSAULT – State v. Mr. V. (DMC No. 4932) (West Mesa Justice Court CR03-00477MI/McDowell Mountain Justice Court CR05-00036MI): Mr. V. was charged with assault and it was improperly placed in the West Mesa Justice Court. We argued a jurisdictional defect and the case was dismissed. The State waited beyond 1 year and re-filed the charge in the McDowell Mountain Justice Court’s jurisdiction. We argued that the Statute of Limitations (a 1 year time limit) had run, and the case was dismissed in its entirety.

MISCONDUCT with WEAPON DISMISSED – State v. Mr. M. (DMC No. 5218) (West Mesa Justice Court CR05-00349MI): Mr. M. had been drinking with a friend at a bar when he went outside to lie down on bench. He passed out due to his alcohol consumption, and when his friend came over and begin slapping him in the chest, a gun he had in his holster on his hip fell onto the ground. A police officer witnessed this and Mr. M. was arrested and charged with misconduct involving a weapon. We were able to convince the Prosecutor that the gun was visible when he was standing inside the bar, and the fact that it was obscured only when he laid down did not fit the intent of the statute. All charges were dismissed.

DISMISSED | DUI – State v. Mr. P. (West Mesa Justice Court No. TR-2006066028): Mr. W. had an accident in the center median after traveling too fast on County Club Drive. This was observed by a police officer. He subsequently contacted Mr. W. and performed Field Sobriety Tests on him. He was arrested for DUI and was given a breath test which revealed a .153 BAC. When we got involved in the case, we filed Motions to Dismiss based on the State’s violation of the timely discovery rules. Ultimately the State was forced to file their own Motion to Dismiss because they were violating Mr. P.’s speedy trial rights.

(West Mesa Justice Court No. 02-8625CR): Mr. B. was accused of recklessly changing lanes and traveling at a high rate of speed. He performed Field Sobriety Tests and provided a .104 breath BAC. Due to various problems with the filing of discovery paperwork by the officer, the judge terminated prosecution shortly after our filing of a Notice of Appearance.

REDUCED | RECKLESS DRIVING/AGGRESSIVE DRIVING REDUCED to “speeding” and “weaving” tickets – State v. Mr. G. (DMC No. 4584) (West Mesa Justice Court TR04-04312 CR): Mr. G. was on the 101 north bound near Chaparral Road when he began “road raging” with another truck.  He was tail gating the truck, and then he shifted lanes so quickly he came directly behind the officers unmarked police car.  He then snapped back in front of the truck, and flipped him off after he hit his brakes.  He then took off at 79 MPH and the officer pulled him over.  Mr. G. admitted he had lost his cool with the other driver.  Because Mr. G. was so young, we were able to convince the prosecutor to dismiss the “reckless driving” and “aggressive driving” charges (which carried potential jail time and would have cost Mr. G. his license) down to a “speeding” and “weaving” ticket with a fine and traffic school only.

NOT CHARGED/DISMISSED | POSSESSION OF MARIJUANA NOT CHARGED DUI/DRUGS (Marijuana, .080 BAC) DISMISSED – State v. Ms. G. (DMC No. 10743) (West Mesa Justice Court/Salt River Indian Reservation DR2009-34939): Ms. G. was pulled over on Indian School Road & north Pima Road on the Indian Reservation.  She’s accused of having an unilluminated license plate.  A subsequent  blood test revealed a .080 blood alcohol content and have metabolite of marijuana.  The officer also claimed he found a small amount of marijuana in the car.  Due to various discovery, issues along with a potential Miranda rights violation, all charges were dismissed regarding the DUI drugs and driving and the possession of marijuana was not charged.

DUI REDUCED to Reckless Driving – State v. Mr. B. (DMC No. 7289) (West Mesa Justice Court No. TR2006-177490): Mr. B was seen stopped on the side of State Route 101 with a flat tire and his emergency lights on. The officer walked up and the engine was on, but the car was in park. Mr. B was in the car and he smelled of alcohol and was subsequently arrested for DUI. He then produced a .142 breath alcohol reading. We were able to have the case reduced to a mere Reckless Driving due to the fact that the State had problems proving Actual Physical Control and Corpus Delicti.

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