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Category Archives: White Tank Justice Court Victories

NOT CHARGED | MISCONDUCT with WEAPON (prohibited possessor)/POSSESSION of DANGEROUS DRUGS and MARIJUANA NOT CHARGED – State v. Mr. M. (DMC No. 5699) (White Tank Justice Court TR05-00443): Mr. M. was observed driving in a truck on State Route 101, when he drifted into the “Gore Point”. The officer pulled him over, discovered several passengers in the car with Mr. M. Mr. M. was subsequently arrested for extreme DUI and produced a .230 BAC. Inside of the truck, a gun was found under the seat along with marijuana and anabolic steroids. Mr. M. invoked his right to remain silent. We were able to convince the Prosecutor that the gun, marijuana and steroids could have belonged to any of the people in the vehicle. They agreed to not press those charges, and eventually allowed Mr. M. to plead to only an extreme DUI with just 10 days in jail. Mr. M. would have been facing 3 to 6 years in prison for being a “prohibited possessor” if he were charged and convicted.

(White Tank Justice Court No. 03-06385CR): Mr. S. had a prior DUI and had been stopped for allegedly drinking from an open container. After performing Field Sobriety Tests, he was arrested. While at the station, Mr. S. asked to call a lawyer and the officer told him he could not talk to a lawyer until after he provided a blood sample. His BAC came at .156%. We filed a Motion for Denial of Right to Counsel, and after an Evidentiary Hearing the judge dismissed the DUI, saving Mr. S. months in jail.

DISMISSED | DUI (.120 BAC) (White Tank Justice Court No. 0210382CR): Mr. C. was stopped by Buckeye Police and he had an open container in his car. He subsequently provided a .120 breath alcohol sample. Because the stop appeared to be a “fishing expedition” by police, we filed a Motion to Dismiss based upon no reasonable suspicion. An evidentiary hearing was held, and the judge dismissed all charges.

NOT GUILTY/COMPLETE ACQUITTAL at BENCH TRIAL | MINOR in CONSUMPTION – State v. Ms. E. (DMC No. 10177) (White Tank Justice Court JC2011-102129): Ms. E. was tailgating prior to the Fiesta Bowl game in the stadium parking lot when an officer walked up and asked her submit to a portable breath test which revealed a .023 BAC.  He also forced her to answer the question as to whether she had been drinking, and then he cited her.  At Bench Trial, the Officer could not state why he had probable cause to contact Ms. E. in the first place.  In addition, he had no specific recollection of Ms. E.  The Judge found Ms. E. not guilty of all charges.

REDUCED | CRIMINAL SPEEDING CHARGE REDUCED to “civil speeding” ticket – State v. Mr. J. (DMC No. 5011) (White Tank Justice Court TR04-52879CR): Mr. J. was accused of travelling 101 MPH, when he was pulled over on the freeway by a Goodyear Police Department Officer.  Due to the officer not appearing for voluntary an interview, we filed Motion for Deposition (a court ordered interview), and the State relented and offered to dismiss the criminal speeding ticket for a simple “civil speeding ticket” and a small fine.

HIT AND RUN DISMISSED – State v. Mr. M. (DMC No. 4388) (White Tank Justice Court TR03-12137CR):  Police received a call about a vehicle striking an off ramp sign on the south bound 101.  Police ultimately contacted Mr. M. who admitted to driving.  Because the damage had been paid for by Mr. M.’s insurance, combined with the fact that nobody saw him driving, we were able to file a Motion based on “Corpus Delicti”, and all charges were dismissed.

DISMISSED | UNDERAGE DRINKING – (White Tank Justice Court JC201102129) Ms. E was at the University of Phx stadium, celebrating with her family before the college football championship game. Police cited her for underage drinking. At her trial, we got her portable breath test result thrown out by the Judge. Then we got her admission to drinking thrown out as a coerced statement to the police. Finally, we successfully argued that the odor of alcohol the officer claimed he smelled off of her was insufficient evidence to convict her. The Judge agreed and ruled that Ms. E was not guilty.

REDUCED | DUI (White Tank Justice Court No.: 03-03062CR): Mr. F. was accused of trying to steal a traffic cone while leaving the Phoenix International Raceway. When police contacted him, he had an odor of alcohol and performed poorly on field sobriety tests. We argued that there was possible no reasonable suspicion to stop and possible coerced blood test which had occurred when the officer said “give blood or we will take you to jail”. At the Evidentiary Hearing for coerced blood draw, the state offered a plea to a reckless driving with zero days in jail.

SUPER EXTREME DUI (.236 BAC) REDUCED to REGULAR DUI with 1 DAY JAIL – State v. Mr. S. (DMC No. 5741) (White Tank Justice Court TR04-54197CR): Mr. S. was stopped due to a 911 call reporting a reckless driver. When police contacted him inside a McDonald’s parking lot, he was urinating next to his car. He was subsequently arrested, and provided a blood test which produced a .236 BAC. While at the station he asked to call his lawyer, but he was told there was no phone or phonebook, and that if he had a number then they would provide him a phone. Due to the potential “denial of right to counsel” issue the Prosecutor offered a regular DUI with 1 day in jail. Mr. S. was originally facing 45 days in jail.

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