| Date |
Case No. |
Court |
Charge |
Comment |
Result |
| 12/22/2011 |
TR 11019687 |
Pima County Justice Court |
DUI A.R.S. 28-1381(a)(1); 28-1381(a)(2); A.R.S. 28-729.1 (failure to stay within one lane) |
University student stopped by police for weaving in and out of lane and almost striking the curb. Police claim he failed two 2 field sobriety tests, smelled like alcohol, and had a breath alcohol concentration of .144/.149. When the state failed to disclose COBRA data, we moved to preclude breath testing results. The trial court granted our motion. |
All charges precluded |
| 12/11/11 |
TR11-036528 |
Pima County Justice Court |
DUI A.R.S. 28-1381(a)(1); A.R.S. 13-8182. |
When a visiting professional was stopped at DUI checkpoint, he did poorly on three field sobriety tests, smelled of alcohol, and admitted to drinking.The firm moved to preclude blood results. The trial Court granted our motion. |
All blood testing results precluded |
| 11/08/11 |
CR2011-3048-001 |
Pima County Superior Court |
DUI Domestic Violence; Assault with injury ARS 13-1201(A)(1) and ARS 13-3601 et seq |
Our client, a full-time undergraduate student at the University of Arizona, was charged with seriously assaulting and injuring a former romantic partner, and criminally damaging her property. A special prosecutor was assigned and the matter came before the court for a two day trial. The trial judge precluded two defense witnesses, including the only independent percipient eyewitness. On appeal, the Superior Court granted our request for a new trial, vacating conviction, and reversing the trial judges order of preclusion. |
Conviction set aside; case remanded for new trial |
| 10/27/11 |
TR-11034262 |
Pima County Justice Court |
DUI A.R.S 28-1381(A)(1); A.R.S 28-951(1) |
Police claimed our client, an active-duty military professional, made an improper wide right turn, smelled of alcohol, had a flushed face, watery bloodshot eyes, poor balance, and failed all three sobriety tests. We filed a motion alleging that our clients 4th amendment rights had been violated by University of Arizona Police Department. The County Attorneys Office, after considering our motion and other issues, dismissed the case. |
All charges dismissed |
| 10/14/11 |
20152539 |
Tucson City Court |
DUI A.R.S 28-1381(A)(1) and A.R.S 28-1381 (A)(2); speeding A.R.S 28-701(a) unsafe lane usage A.R.S 28-729.1 |
Police claimed that our client was slow to respond to a green light, sitting at the intersection for approximately five seconds and then not moving until after someone came up behind . . . and honked the horn. When she finally did move, police claim our client was then speeding (54 mph in a 40 mph) while her vehicle was continuously drifting over the right lane divider. Our client reportedly also smelled of alcohol, had a flushed face, bloodshot watery eyes, poor balance, and failed two of three field sobriety tests. The matter was set to a two day jury trial. Immediately before trial the prosecutor dismissed. |
All criminal charges dismissed |
| 10/07/11 |
J14010CR201001744 |
Yuma Justice Court |
Attempted possession of marijuana A.R.S 13-3405(A)(1); A.R.S 13-3415(A) (drug paraphernalia) |
Out client entered the fixed Border Patrol check point on Interstate 8 east of Yuma, Arizona. A government canine alerted to the vehicle and a subsequent warrantless search ensued, revealing secreted marijuana and paraphernalia. Our client and his passenger made post-Miranda admissions. |
All charges dismissed |
| 09/01/11 |
TR-11034262 |
Tucson City Court |
DUI A.R.S. 28-1381 and A.R.S. 28-751(1) |
Police claimed that our client made an improper right turn (starting from the median lane in a four lane road), smelled like alcohol, had slurred speech, 6/6 cues of HGN (horizontal gaze nystagmus) and 4 of 8 cues on the walk and turn test. Breath test reading was a .102. The firm filed a motion alleging that our clients 4th Amendment rights had been violated by the police. The City Attorneys Office, after considering our motion, dismissed the case. |
All charges dismissed |
| 08/31/11 |
CR-10016559 |
Pima County Justice Court |
Super Extreme DUI 28-1382(a)(2); (BAC .20) (45 days minimum in jail); Minor operating motor vehicle with liquor in body, A.R.S. 4-244.34 (2 year mandatory license suspension); Minor in possession of liquor 4-244.41. |
Police claim that our client ran a red light while driving with both head lights off at 1:30 a.m., had slurred speech, 8 of 8 possible cues on the walk and turn test, 6 of 6 on HGN, and a BAC of .20. We filed a motion for sanctions based on the States failure to timely disclose breath tests, and police reports of the stop officer. The day before jury trial, the State offered a plea to reckless driving. |
All charges in complaint dismissed, pled to reckless driving, no jail, $488.00 fine. |
| 08/12/11 |
TR-10-01479 |
Pima County Justice Court |
Criminal Speeding, A.R.S. 28-701.02 (a)(2) [more than 20 mph over limit in residential/commercial area]. |
Police stopped client for driving 71 mph in 35 mph zone several blocks from University of Arizona, using calibrated radar. Prosecutor refused to enter plea negotiations. At trial court found our client not guilty of criminal charge, reducing matter to civil speeding. |
Criminal charge dismissed; reduced to civil infraction; $249.00 fine. |
| 08/09/11 |
TR10-060655 and CR 10-016343 |
Pima County Justice Court |
DUI A.R.S. 28-1381 (a)(1) & 1381 (a)(2) |
Police claimed defendant drove in lane of on-coming traffic, smelled like alcohol, had slurred speech, failed HGN test, and had a BAC of .124/.119. The firm filed motions based on the States failure to disclose a video of the defendants driving, that the State originally claimed may not exist, and COBRA data for the breath machine, which our firm believes contains important information concerning the reliability of the machine. The State moved to dismiss case before trial. |
All charges dismissed. |
| 08/04/11 |
CR-2010-015899 |
Pima County Justice Court |
Disorderly conduct A.R.S. 13-2904 |
Police claim that in a road rage incident our client followed the victim to the victims house, parked right outside his driveway, shouting obscenities. After surviving probable cause determination, and refusing to offer diversion, the State moved to dismiss on the eve of trial indicating it does not intend to refile. |
All charges dismissed. |
| 07/29/11 |
TR10-035334 |
Pima County Justice Court |
Extreme DUI A.R.S. 28-1383 (BAC .180; DUI A.R.S. 28-1381 (A)(1); 1381 (A)(3) |
Police claimed defendant ran two stops signs, drove left of center, exhibited slurred speech, was unsteady on feet, did poorly on the field sobriety tests and had replicate readings on the Intoxilyzer 8000 of .180/.198. At trial we demonstrated that the COBRA data for the Intoxilyzer 8000 used revealed a series of electrical/voltage problems, some of which went unreported. |
Jury found defendant not guilty of ALL CHARGES. All charges dismissed. |
| 07/11/11 |
08-99032 |
United States Court of Appeals - 9th Circuit |
Premeditated First Degree Murder A.R.S 13-1105; Attempted Sexual Assault A.R.S 13-1406 |
The firm filed a petition for Writ of Habeas Corpus in the U.S. District Court alleging inter alia, that the imposition of the death penalty violative of due process, because the trial judge became impermissibly enmeshed in the proceedings, raising an unacceptable risk of judicial bias. On appeal the United States District Court of Appeals, 9th Circuit in a published decision granted Petition for Writ of Habeas Corpus, vacating the death penalty on grounds claimed. |
Penalty of death set aside for new trial. |
| 06/14/11 |
CR1774411 |
Oro Valley Magistrate Court |
DUI A.R.S. 28-1381 |
Defendant, a professional, arrested by officer who allegedly saw 4-6 cues on the Horizontal Gaze Nystagmus (HGN), and failure on the Walk and Turn test. The firm filed a motion to dismiss for lack or probable cause to arrest, alleging that the arresting officer failed to keep accurate HGN records, and had a history of claiming facts not supported by video evidence. The court granted defendant's motion to dismiss for no probable cause to arrest. |
All charges dismissed |
| 05/23/11 |
CR2000-1536 |
Pima County Superior Court |
Arson, A.R.S. 13-1704 [class 2 felony] |
Defendant, convicted of multiple counts of arson, A.R.S. 13-1704 engaged the firm, inter alia, to move to set aside the conviction pursuant to A.R.S. 13-907. Superior Court, after hearing, granted motion to set aside. |
Conviction for Arson A.R.S. 13-1704 Class 2 Felony set aside. |
| 05/12/11 |
TR 2010-057035 |
Pima County Justice Court |
Super extreme DUI A.R.S. 28-1383 with accident [BAC .256 blood] |
Defendant involved in single car accident charged, inter alia, with super extreme DUI A.R.S. 28-1383 [above a .20 within 2 hours of driving]; 45 day jail minimum penalty. Blood reading .256. We called no expert at trial, but rather relied upon the States criminalist expert. |
At jury trial: jury found defendant NOT GUILTY of extreme DUI. |
| 05/12/11 |
TR-10036935 |
Tucson City Court |
ARS 28-1381, 1383 (extreme DUI) BAC .198; A.R.S. 28-781.2. |
University Student charged with extreme DUI. We filed a motion to suppress all evidence based on illegality of stop by motor officer, who alleged that client made a "wide turn." |
All charges dismissed. |
| 05/03/11 |
CR10-011773 |
Pima County Justice Court |
Domestic violence/Assault with Injuries A.R.S. 13-1201 (a)(1), A.R.S. 13-3601 et seq. |
Foreign national charged with domestic violence: potential immigration consquences. |
All charges dismissed. |
| 04/29/11 |
638336 |
Pima County Justice Court |
Driving on a suspended license, Title 28 Arizona Code, 3473; running a red light A.R.S. 28-645. |
College-bound juvenile, charged with criminal conduct |
All charges dismissed. |
| 04/25/11 |
TR2001-0211 |
Marana Municipal Court |
DUI drugs A.R.S. 28-1381(a)(1), A.R.S. 28-1381(a)(3) and A.R.S. 28-645. |
Oro Valley mother with spotless record, charged with driving under the influence of amphetamines. |
All charges dismissed. |
| 04/20/11 |
CR10-100735 |
Tucson City Court |
Domestic violence/Assault with Injuries A.R.S. 13-1201 (a)(1), A.R.S. 13-3601 et seq. |
Trial: client with prior felony record, charged with domestic violence assault with injuries |
All charges dismissed. |
| 04/18/11 |
CR20-10003911 |
Pima County Justice Court |
Hit and run with damage (A.R.S. 28-662), criminal damage (A.R.S. 13-1602). |
Professional with no prior record charged with hit and run, and criminal damage. At trial defendant was found not guilty of all charges.
| Not guilty verdict at trial (all charges dismissed). |
| 04/12/11 |
178112 |
Oro Valley Magistrate Court |
Possession of Marijuana, possession of drug paraphernalia, A.R.S 13-3405. |
Licensed professional with fingerprint clearance charged with marijuana possession. |
All charges dismissed. |
| 04/08/11 |
TR10-030679 |
Tucson City Court |
DUI (A.R.S. 28-1381(a)(1), driving above a .08. A.R.S. 28-1381(a)(2), contributing to the delinquency/dependency of a minor (A.R.S. 13-3613). |
Client charged with contributing to the delinquency of a minor and DUI |
All charges dismissed. |
| 04/04/11 |
CR20-100013716 |
Pima County Justice Court |
Domestic violence/criminal damage/disorderly conduct A.R.S. 13-1602; A.R.S. 13-[2904], A.R.S. 13-3601. |
Military professional charged with domestic violence. We filed motion to dismiss for violation of Fourth Amendment rights (illegal search), as well as a motion to strike the State's response |
All charges dismissed. |
| 03/23/11 |
CR20-10103575 |
Pima County Justice Court |
Possession of false identification [A.R.S. 28-3478] and shoplifting [A.R.S. 28-1802]. |
University student charged with possession of false identification and shoplifting |
All charges dismissed. |
| 03/15/11 |
TR20-10059420 |
|
"Super" Extreme DUI (A.R.S. 28-1383) [BAC .216]; extreme DUI; DUI (A.R.S. 28-1381); running red light (A.R.S. 28-645); improper lane usage A.R.S. 28-751.1. |
Client charged with "Super" Extreme DUI (BAC .216) which carries a minimum penalty inter alia of 45 days in jail. We filed a motion for sanctions alleging the State had failed to diligently disclose blood test results for almost five months. The trial court granted defense motion and ordered all blood results precluded. |
"Super" Extreme DUI, Extreme DUI, and A.R.S. 1381(a)(2) DUI charges dismissed. |
| 02/04/11 |
CR10-017215 |
Pima County Justice Court |
Domestic violence; assault with injury; ARS 13-1203 (a)(1) & 13-3601. |
Professional charged with domestic violence. The firm, inter alia, took the position that charges were improvidently issued, and without probable cause. |
All charges dismissed. |
| 01/18/11 |
TR10061040 |
Pima County Justice Court |
ARS 28-1383 Extreme DUI (BAC .18); 4-244 Minor in possession while driving. |
University student facing academic discipline, criminal charges, and two year license suspension, engaged firm which filed motion to suppress breath tests for late disclosure. |
Evidence suppressed. |
| 01/07/11 |
DV20101053/SP20030581 |
Arizona Superior Court, Pima County |
A.R.S. 13-3601 & 3602 Domestic Violence ex parte order of protection, affecting firearm possession. |
Although our client had five previous domestic violence arrests with same victim, the court on the firms motion dismissed order of protection. |
Order of Protection dismissed. |
| 12/21/10 |
CR09-0902-TUC-RCC-BPV |
United States District Court |
21 USC 841(a)(1) and 841 (b)(1)(c) drug trafficking; 5 year mandatory minimum. |
At Border patrol check point on Interstate 19 drug dog alerted and found approximately 140 pounds of marijuana. Defendant, legal permanent resident of the United States for 40 years, made inculpatory statements and faced automatic deportation from the United States pursuant to 8 USC 1101(a)(43). Government offered a plea to 21 months. Client discharged his prior attorney, and the firm (2) moved to suppress evidence, arguing that drug dog responded improperly, (2) moved for disclosure of drug dog training and performance materials as Brady evidence. Government argued national security was jeopardized by disclosure, but when court ordered disclosure government offered to dismiss indictment in exchange for a plea to 8 USC 4 (misprision of a felony) which will not result in automatic deportation. |
All charges in indictment dismissed, two years probation, no jail, no fine. |
| 12/07/10 |
4129990 |
Phoenix City Court |
PCC 22-52 |
Licensed professional, with prior arrests, in undercover sting operation. After conducting formal interview, it was determined that undercover officer had engaged in aggressive conduct, soliciting the transaction. Assistant Trial Bureau Chief, Phoenix City Prosecutors Office reviewed the matter. |
All charges dismissed. |
| 11/05/10 |
TR10000542 |
Tucson City Court |
Extreme DUI A.R.S. 28-1381 and 1382. BAC .187 |
Defendant moved to suppress evidence for want of reasonable suspicion to stop vehicle for an alleged "wide" right turn in violation of A.R.S. 28-751(1). At the evidentiary hearing, defendant presented a civil engineer who testified that poor road design rendered impracticable for defendant to turn as police officer thought she should have. The trial court held that the defendant did not violate A.R.S. 28-751(1). Therefore, the stop violated the 4th amendment. The Court granted defendant's motion to suppress. |
All charges dismissed. |
| 10/15/10 |
08-01578M |
United States District Court |
Conspiracy to smuggle and harbor aliens 8 U.S.C. 1324 and 18 U.S.C. 371 |
Manager of fast food restaurant chain arrested for conspiracy to smuggle, harbor, hire, and to employ illegal aliens |
Reduced to petty offense (low level misdemeanor). No jail; $1500 fine; 9 months probation and all other charges dismissed. |
| 10/07/10 |
TR09096935 |
Tucson City Court |
DUI A.R.S. 28-1381 |
Defense motion to dismiss for no reasonable suspicion to stop; and motion to introduce polygraph evidence |
All criminal charges dismissed. |
| 09/23/10 |
TR10026240 |
Pima County Justice Court |
DUI A.R.S. 28-1381 |
State failed to disclose blood testing in timely fashion. Defendant moved for sanctions, and State failed to respond. Defendant moved to preclude States argument under Rules of Criminal Procedure. Court grants defendants motion, and precludes all blood evidence by ruling that State waives all substantiative arguments. |
All charges dismissed. |
| 09/17/10 |
U076164 |
Pima County Justice Court |
Super extreme DUI A.R.S. 28-1382(a)(2); BAC .22 |
State failed to disclose police report of stop officer. Defendants motion for sanctions granted; stop officer is fully precluded from case. |
State appeals. |
| 09/15/10 |
TR09-057949 and CR09-923135 |
Pima County Justice Court |
Hit and run; A.R.S. 28-622 |
At trial State failed to properly subpoena witnesses. |
All charges dismissed. |
| 09/01/10 |
CR2009-924575 |
Pima County Justice Court |
Possession of Drug Paraphernalia; A.R.S. 13-3415 & Driving on a suspended license A.R.S. 28-3473 (a) |
Defendant moved to suppress evidence for 4th Amendment Violation. At first evidentiary hearing, State dismissed, but later refiled. At second evidentiary hearing, State dismissed. |
All charges dismissed. |
| 09/01/10 |
TR10083928 |
Tucson City Court |
DUI |
State filed motion to dismiss. |
All charges dismissed. |
| 08/23/10 |
CR10076363 |
Tucson City Court |
DUI |
DUI for legal professional with a .086 BAC. |
All charges dismissed. |
| 08/20/10 |
TR09002335 |
Pima County Justice Court |
Super Extreme DUI, ARS 28-1382(a)(2); B.A.C. .23 |
State failed to disclose material witness; defendant moved to preclude. |
All charges dismissed. |
| 08/11/10 |
CR2009-4760 |
Pima County Superior Court |
Drive by shooting of officer, ARS 13-1209 |
Dangerous felony; presumptive 7 years in prison; motion to remand for grand jury misconduct granted; upon refile all charges dismissed. |
All charges dismissed. |
| 06/23/10 |
CR100087-TUC-JMR |
United States District Court for the District of Arizona |
8 USC 1324, Alien Smuggling; 18 USC 371, Federal Conspiracy |
Alien smuggling conspiracy case in Southern Arizona with priors. |
All charges dismissed. |
| 06/23/10 |
CR9093828 |
Tucson City Court |
Domestic Violence/Threats to Intimidate, ARS 13-1202 |
At trial, all charges dismissed. |
All charges dismissed. |
| 04/29/10 |
TR09057951 |
Pima County Justice Court |
Super Extreme DUI, ARS 28-1382(a)(2); B.A.C. 2.12;
minimum sentence: 45 days jail |
Motion to Suppress granted [4th Am. No reasonable suspicion
to stop by Pima County Sheriff for allegedly weaving and turning
unsafely]. State dismisses and states it will not ever refile. |
All charges dismissed. |
| 04/29/10 |
18706701 |
Pima County Juvenile Court |
Possession of Narcotics in Drug Free School Zone,
a Class 4 Felony, ARS 13-3411 & 3408 |
At trial [adjudication hearing] after testimony by
Oro Valley Police and School Asst. Principal, defendant
acquitted of all charges. |
All charges dismissed. |
| 04/16/10 |
TR09045427 |
Pima County Justice Court |
Extreme DUI, B.A.C. .18; minimum sentence
30 days jail, ARS 28-1382 |
Motion to Suppress granted [4th Am. no reasonable suspicion
to stop by Pima County Sheriffs Department for allegedly driving
without headlights]. State dismissed all charges. |
All charges dismissed. |
| 04/07/10 |
CR09-912428 |
Pima County Justice Court |
Domestic Violence; Criminal Damage; Disorderly Conduct;
ARS 13-3601 & 1602 |
At trial: Motion for Directed Verdict Granted |
All charges dismissed. |
| 03/10/10 |
C20094215 |
Pima County Superior Court |
Civil Malicious Prosecution case against large corporate entity |
Motion for summary judgment granted (Ariz. R. Civ. Proc. 56).
Only our counterclaims remain. |
All claims dismissed. |
| 02/22/10 |
CR08023235 |
Pima County Superior Court |
DUI |
State's Appeal of trial court granting defendant's motion to preclude blood evidence [unreasonable phlebotomy practices] |
All charges dismissed |
| 02/11/10 |
TR9008339 |
Pima County JP Court |
DUI |
Motion to Suppress [4th Amendment, no reasonable suspicion to stop by University of Arizona police]; unopposed by state |
All charges dismissed |
| 01/20/10 |
TR8107966 |
Tucson City Court |
Extreme DUI with prior and injury accident |
Motion for Sanctions for Discovery violations; unopposed by State. Defendant facing 120 min in jail based on prior and BAC above .20. |
All charges dismissed |
| 12/03/09 |
CR2009-1433-002 |
Pima County Superior Court |
Drug trafficking |
Motion to Suppress [4th Amendment, warrantless stop by HIDA narcotics agents in parcel case] granted. Above threshold amount: 5 year mandatory minimum prison sentence under State Law. |
All charges dismissed |
| 11/06/09 |
TR0903165 |
Pima County Consolidated Justice Court |
Extreme DUI with prior |
Motion for Discovery Sanctions granted [witness misconduct] |
All charges dismissed with prejudice |
| 10/30/09 |
TR08-023235 |
Pima County JP Court |
DUI |
Motion to Suppress blood [unreasonable phlebotomy] granted |
All charges dismissed |
| 9/29/09 |
CR2009-1032 |
Oro Valley Magistrate Court |
DUI |
Motion to Suppress [warrantless seizure of vehicle for invalid reason/construction zone signage by Oro Valley Police] granted |
All charges dismissed with prejudice |
| 08/31/09 |
CR08-0122 |
Santa Cruz County Justice Court |
Criminal zoning/maintaining a commercial junkyard business |
Motion to dismiss [based on existing use prior to effective date of ordinances] granted |
All charges dismissed with prejudice |
| 07/25/09 |
86884 |
Marana Town Court |
Domestic violence |
No formal diversion required |
All charges dismissed |
| 07/07/09 |
TR08-034674 |
Pima County Consolidated Justice Court |
Reckless driving |
State served with civil rights violation notice of claim against Pima County Sheriff's department for conduct of arresting officer |
All charges dismissed |
| 04/14/09 |
TR08-018623 |
Pima County JP Court |
Extreme DUI with prior BAC .202 |
Motion to suppress blood granted [disclosure violation] |
All DUI related charges dismissed; reduced to disorderly conduct; no jail. |
| 04/09/09 |
C-2007-7490 |
Pima County Superior Court |
Civil Malicious Prosecution |
Jury Trial |
Defense verdict. No liability. |
| 04/08/09 |
TR-7101895 |
Tucson City Court |
Hit and run |
|
All charges dismissed |
| 03/30/09 |
JFR-2009000135 |
Mohave County Superior Court |
Felony drug possession |
|
Reduced to misdemeanor. No jail. |
| 03/27/09 |
CR-8057041 |
Tucson City Court |
DUI |
Motion to suppress breath granted (Intox. 8000) |
All charges dismissed |
| 03/23/09 |
CR-8133924 |
Tucson City Court |
DUI BAC .13 |
Motion to suppress breath granted (Intox. 8000) |
All charges dismissed |
| 03/03/09 |
TR-8120224 |
Tucson City Court |
Extreme DUI BAC .17 |
Motion to suppress 4th Amendment grounds |
All charges dismissed |
| 02/23/09 |
TR-08032619 |
Pima County JP Court |
Drug Possession |
Motion to suppress 4th Amendment grounds |
All charges dismissed |
| 12/12/08 |
CR-06-1703 |
US District Court |
Federal money laundering and alien smuggling conspiracies with prior |
734 count Indictment |
Reduced to misdemeanor $200 fine; no jail |
| 10/20/08 |
CR-2008-00535 |
Cochise County Superior Court |
Felony DUI |
|
Reduced to misdemeanor; no jail |
