Some of our case results
The results below are from actual cases litigated by our firm. They are provided as examples only. Every case is facutally and legally unique, and the results from one case do not guarantee the same or similar results in another case. Mr. Jaffe could list literally hundreds of cases where extreme DUI charges have been dismissed, or where regular DUI charges have been dismissed or reduced to reckless driving or traffic infractions. We see these results too regularly to list every one on this website. Below is a sampling of some of our results. We are serious about litigating Arizona DUI cases and enjoy remarkable results because of our skill and dedication, and because Mr. Jaffe keeps his caseload small and concentrates on getting the best result possible in every case we handle.
State v. SP (Phoenix Municipal Court)
Chemical Evidence : Breath test results .087 & .091
Case Dismissed, Plea of responsible to simple traffic infraction
The Phoenix City Prosecutor's offer in this case was the mandatory minimum jail time, fees, etc.
This was another one of those typical "not much to lose" cases in Phoenix. Based on policy, the prosecutor's office would not plea bargain the charge down, nor dismiss. We set the case to trial, and on the day of trial came preparred. The prosecutor generously dismissed the charges with the verbal agreement that in exchange my client would plead "responsible" to the simple civil traffic infraction of failing to stay in one lane. He ended up with a total fine of $161.00 and no DUI.
State v. LS (Tempe Municipal Court)
Chemical Evidence : Blood test result of .092
Successful Plea Bargain
DUI reduced to reckless driving, plus minor in possession. No jail, no community service, no counseling, no probation.
This deal involved no jail time to serve. All DUI counts were dismissed, along with a minor driving under the influence and a couple of civil traffic charges.
State v. BA (Gilbert Municipal Court)
Chemical Evidence : Blood test result of .084
Successful Plea Bargain
DUI reduced to reckless driving, all other charges dismissed.
This deal involved no jail time to serve, a fine of $625.50, a MADD victim impact panel and an alcohol evaluation.
State v. AB (West Mesa Justice Court)
Chemical Evidence : Refusal
Successful Plea Bargain
DUI reduced to reckless driving, traffic infractions dismissed.
Client, who lives out of state but comes to the Phoenix area often for business was pulled over by the Salt River/Pima Police Department. He refused to take a breath test, and the police neglected to get a warrant. After appearing several times on behalf of our client we were able to secure the client an offer of a reckless driving with a small fine and no jail time. Although we believed we could have won the DUI case at trial, it was in the client's best interest to accept this deal to minimize his risks.
State v. CS (Scottsdale City)
Chemical Evidence : .227 Blood
Trial by Jury
Not Guilty of all charges.
The jury returned verdicts of NOT GUILTY on all DUI counts, including impairment, the .08 charge and the extreme DUI. Based on the jury's factual findings, the Judge then found my client NOT GUILTY on a lesser criminal traffic charge (that was not jury eligible) and NOT RESPONSIBLE on two civil traffic charges. This result was a complete victory and affirms that reasonable doubt when presented to intelligent jurors still means something.
State v WM (Scottsdale)
Chemical Evidence : .134 Blood
Dismissal by Pretrial Prep Work
All Charges Dismissed
This is a case where preparation and research carried the day. By requesting and following up on all witness interviews, our firm learned that two of the main officers involved in this case would not be available for trial. After setting the case we filed a motion to compel the deposition of the witnesses (after advising the State that their witnesses were not available and giving them a chance to investigate). After receiving our motion the State made a motion to dismiss the charges, which the Court granted.
State vs. C.M. (Phoenix Municipal Court)
Chemical Evidence : Intoxilyzer 8000 Results of .120 & .133
Trial by Jury
Jury Verdicts of Not Guilty on Both Counts of DUI
Dan Jaffe's client was pulled over after turning the wrong way up a one-way street in Phoenix in the light rail construction area. After 3 field sobriety tests given by the supervising Sgt of the Phoenix DUI squad, the client was arrested and taken to a DUI van for an Intoxilyzer 8000 test. The results of the test showed, .120 and & .133. No favorable offer was made, and we took the case to a jury. During the trial, two expert witnesses testified, one for the State and the other for the Defense. Through the experts, Mr. Jaffe exposed some major problems with DUI protocol in Phoenix. According to a juror after the case, 5 of the 6 jurors immediately voted to acquit. It took the 5 jurors a little over 2 hours, and the remaining juror also agreed to vote not-guilty, thereby acquitting Mr. Jaffe's client.
State v. B.B. (Coolidge Municipal Court)
Chemical Evidence : No chemical test
Trial by Jury
Jury Verdict of Not Guilty
My (Dan Jaffe's) client was charge with DUI by being impaired to the slightest degree after the truck he was driving, containing an unsecured upright refrigerator collided with and partially knocked down a sign. After a 10 minute police search involving two citizens and multiple 911 calls, the client was stopped by the shift sergeant and ultimately arrested for DUI. Based on the circumstances of this case, I agreed to take the case even though it was in Pinal County, and even though I had never been in Coolidge Court before. The City refused to prosecute based on a conflict of interest and the County Attorney's took over. They would not dismiss the charge. We would not accept a DUI, which was their best offer. So we made history by putting on the first jury trial in Coolidge in 27 years. The jury was out for less than an hour before finding my client not guilty.
State v. S.D. (East Mesa Justice Court)
Chemical Evidence : .091 Breath
Successful Plea Negotiation
DUI reduced to Reckless Driving, No Jail
In March 2007, Daniel Jaffe negotiated a plea bargain where one count of DUI was dismissed and the other amended to a reckless driving. Although this was a winnable case, sometimes it is better for the client to accept a decent deal (which this was) and avoid the risk of further litigation.
State v. M. (Tempe Municipal Court)
Chemical Evidence : .07 Blood
Successful Plea Negotiation
DUI reduced to Simple Traffic Infraction
Daniel Jaffe negotiated a DUI with a portable breath test of above .08 down to a simple civil traffic infraction when the blood came back under the legal limit. Although the State could have proceeded with the impaired to the slightest degree charge, they were very reasonable and requested only that Mr. Jaffe's client attend a weekend alcohol awareness course as part of the deal.
State v. C.L. (Phoenix Municipal Court)
Chemical Evidence : .085 Blood
Trial by Jury
Jury Finds Client Not Guilty of Impairment / Judge Dismisses .08 Charge
This case arose out of a very bad motorcycle accident in which my client, and his passenger were badly hurt when his motorcycle slid in some sand on a residential road. The Phoenix Police Department and paramedics responded and transported both my client and the passenger to Scottsdale Healthcare at Osborn.
At trial, two civilian witnesses from the scene testified for the State, along with the officer. At the conclusion of the State's case, I made a motion to dismiss the alcohol charge because the State had failed to present any evidence. The motion was granted by the Judge, leaving the impairment charge for the Jury to decide. It took the Jury 10 minutes to return a verdict of Not-Guilty.
State v. R.A.
Chemical Evidence : Positive for Methamphetamine
Case Dismissed with Prejudice
DUI/Drugs involving commercial trucking injury accident and allegations of impairment by Methamphetamine.
State v. B.A
Chemical Evidence : Blood test of .178
Extreme DUI dismissed with prejudice
Although .018 above the extreme DUI limit of .150, this case was plea bargained down to a regular DUI. In exchange for pleading guilty to a first offense, non-extreme DUI, the client received a one day jail sentence (instead of a minimum of 10 days) and avoided having to have an ignition interlock device in his vehicle.
State v. R.M.
Chemical Evidence : Around 0.200 Blood test
Reduced to Non-Extreme DUI
Very high extreme DUI reduced to simple DUI because officer caught in a serious lie during the pretrial interview where it was found that the officer cut and pasted personalized portions of police reports between suspects.
State v. A.M.
Charge of Minor DUI dismissed with prejudice.
State v. D.M.
Chemical Evidence : .190
Felony charges averted, jail minimized
Client was facing 2 separate DUI charges. The State was asking for 90 days in jail. We implemented a strategy wherein, even though he ultimately lost at trial on one charge, he was sentenced to a total of 61 days, saving him 29 days in jail, and avoiding felony exposure.
State v. R.M.
Felony charges averted, misdemeanor accepted
Client charged with Aggravated DUI involving a suspended license after a bad single car accident. We successfully negotiated a reduction of the charge to a first offense misdemeanor DUI, with one day in jail, saving the client at least 4 months in prison, and at least a 3 year license revocation.
State v. M.O.
Chemical Evidence : Above 0.150
Successfully negotiated reduction
Extreme DUI reduced to a regular first offense DUI with the minimum, 1 day, in jail.
State v. B.W.
Chemical Evidence : .220
Felony charges avoided, two misdemeanors agreed upon, career saved.
Client facing two separate DUI charges, one of which would have been his 3rd in a 5 year period, subjecting him to felony charges. Negotiated a combination of the two pending charges as misdemeanors, thereby avoiding the felony charge.
State v. A.W.
Chemical Evidence : .220 - blood
Allegation of prior dismissed, trial avoided at last minute.
Client faced a 2nd offense extreme DUI. Negotiated a dismissal of the allegation of the prior DUI, thereby saving the client at least 50 days in jail.
State v. A.W.
Client faced a 2nd offense extreme DUI. Negotiated a dismissal of the allegation of the prior DUI, thereby saving the client at least 50 days in jail.
State v. W.L.
Chemical Evidence : Breath Test of 0.128
Not Guilty
Breath test suppressed prior to trial. Not-guilty jury verdict on the remaining count of driving while impaired to the slightest degree.
State v. A.L.
Chemical Evidence : Breath Test of 0.180
Hung Jury, Charge Reduced
Breath test of .18, speeding and admission to drinking 5 beers. Jury hung 5 to 1 in favor of acquittal. Charge refilled and reduced to a reckless driving.
State v. L.N.
Chemical Evidence : Breath Test of 0.190
Hung Jury, DUI Reduced to Traffic Ticket
Breath test of .19. Stop by overzealous security guard who was caught lying on the witness stand. Jury hung 3 to 3. Charge refilled and then reduced to an infraction.
State v. J.G.
Chemical Evidence : Breath test of 0.110
Case Dismissed With Prejudice
Second offense DUI charge dismissed during pretrial motion to dismiss for lack of probable cause to arrest the driver. State failed to elicit testimony regarding the field sobriety tests, and without the tests there was no reasonable explanation for the arrest.
State v. D
Chemical Evidence : Breath test of .220
Not Guilty Of Extreme DUI
This case proceeded to trial on the defense theory that the client was, in fact, guilty of the lesser charges of being impaired to the slightest degree and having an alchol content of 0.080, but that the defendant was not guilty of the extreme DUI, or having an alcohol content of .150 or higher. After hearing testimony from the defense expert and after argument of both attorneys, the jury convicted the defendant of the lesser charges, and the extreme DUI was dismissed.
State v. D.H.
Chemical Evidence : Breath Tests of .121 & .122
Not Guilty on All Counts
Client was arrested after going 60 mph in a 35 mph zone in Phoenix by the Phoenix Police Department. He allegedly failed field tests and was taken to a DUI van for breath testing. At trial, Mr. Jaffe cross examined the arresting officer and revealed several inconsistencies and mistakes made by the officer, despite the officer's testimony that he is not only certified to give the field tests, but also teaches other officers how to do them. The Defense Expert pointed out the flaws in the Intoxilyzer 5000 machine, and showed the jury that the machine could not be proven to be reliable on the date of the Client's test. In rebuttal, the State brought in their expert who admitted that she checked the machine off as working even though it produced a very serious error while she was conducting a quality assurance test on it. The jury came back with not-guilty verdicts on all counts in less than an hour.
State v. C.D.
Chemical Evidence : Breath Test of .220
Not Guilty On All Counts of DUI; Hit and Run Dismissed by State
Client was arrested after a hit and run accident that resulted in a civilian car chase through Phoenix and Paradise Valley. Client allegedly drove an a flat tire and burned up her gears as well. At theend of the chase, there was a police helicopter hovering above. Based on the police officers failure to obtain a legally sufficient breath test reading, all chemical evidence was suppressed. Client did field tests barefoot, and suffers from a neurological disorder that could skew the results. The jury found her not guilty of DUI, and the prosecutor later agreed to dismiss the hit and run charge.
State v. N.S.
Chemical Evidence : Breath test of .183
Not Guilty On Extreme DUI
Once again the Phoenix City Attorney's office refused to give our client an offer of a plea bargain that eliminated the Extreme DUI, citing their policy that the breath test was just too high. Once again we took this case to a jury, and once again the jury proved to be an intelligent bunch of people who listened to reason, and refused to ignore the obvious, that the Intoxilyzer 5000 machine is not 100% accurate. As we asked them to do, they returned a verdict of not-guilty on the Extreme DUI.
State v. M.O.
Chemical Evidence : Breath tests of .141 and .145 on Intox 5000
Not Guilty on Both Counts of DUI
Our client was accused of two counts of DUI after a Phoenix police officer allegedly followed "him" for squealing his tires. Our client was not the driver of the truck, and after a two day trial in which the only real issue that was contested was who was driving the vehicle, the Jury, found our client not guilty.
State v. B.G.
Chemical Evidence : .134 Blood test
Jury Returned Verdicts of NOT GUILTY on Both Counts on 2.16.06
This case represented the 4th Not Guilty Jury trial in a row for Mr. Jaffe. A civilian witness had called 911 in Mesa to report a verbal argument between a male and a female outside of her gated community. When the police arrived they quickly determined that there was no domestic violence, but then decided to arrest and process our client for DUI by virtue of being in Actual Physical Control, because they claimed that he was sitting behind the wheel of his vehicle. The jury, in their wisdom, after deliberating for almost 3 hours, returned verdicts of not guilty on all counts.
State v. S.H.
Chemical Evidence : Intoxilyzer 8000 .169 and .166
Not Guilty, Extreme DUI
This case presented a challenging combination of science and emotion. The first officer on the scene testified that our client, who had been involved in a horrible accident while she had two dogs in her car, essentially threw one of the dogs on the ground after exiting her vehicle. Through cross examination, Mr. Jaffe exposed the weakness of the Phoenix Police Department's accident investigation, where the investigating officer hadn't bothered to get the contact information of two key eyewitnesses who said that the accident was the other driver's fault. During the course of cross examining the officer, Mr. Jaffe exposed the fact that the driver of the other vehicle was nowhere to be found, had given a false name and address, and was probably in the country illegally.
State v. R.F.
Chemical Evidence : Blood above .110
Negotiated dismissal of all DUI Charges
In exchange for dismissal of all counts of DUI and all other pending charges, client agreed to plead responsible to a simple civil traffic infraction and pay a fine of $150.
State (Mesa) v. J.W.
Chemical Evidence : .057
All DUI Charges Dismissed
Our client was erroneously charged with DUI after being pulled over by an overzealous Mesa police officer for driving without her headlights on. Despite the experienced Mesa officer's prediction that she would be above the legal limit, and despite the fact that he charged her with DUI, the blood test later came back under the legal limit. However, in Arizona, anything above .049 can still qualify as a DUI, and without an attorney it seemed that the Mesa City Attorney's office was still going to prosecute our client. We got involved in the case, submitted our notice of appearance, and assurred our client that we would correct this injustice. A week later we got a notice from the Mesa Prosecutor's office moving to dismiss the DUI charge. We appeared in court with the client at the first pretrial conference, confirmed the dismissal, and asked the Judge to waive the fine on the headlight violation (which she did).
State (Scottsdale) v. M.D.
Chemical Evidence : .091
Charge reduced to reckless driving at last moment.
This case was hard fought and contested from the beginning. A Gilbert police officer, as part of a DUI taskforce, arrested our client in Scottsdale. Our client was charged in Scottsdale Municipal Court. Despite having a clean record and a .091 blood test level, the City Attorney refused to give him a reduction. We set the case for trial and through careful witness preparration, realized that they had major problems with their chemical evidence. After court closed on the night before the scheduled Jury trial, the prosecutor's office called Mr. Jaffe and offered the deal our client had asked for all along, a reckless driving. Two days earlier, the Prosecutor had indicated that there would be no reckless (and no reduction at all), and couldn't understand why our client just didn't plead guilty. Less than a week earlier the Judge had indicated that if our client pled guilty to a DUI the morning of trial he would be assessed a jury fee of an additional $500.00. This was the correct result in this case, and a win/win for everybody.
State (Phoenix) vs. R.U.
Chemical Evidence : Breath tests of .172 & .184
Extreme DUI Dismissed after Jury Can't Agree
This was a typical case in Phoenix Municipal Court litigated by Daniel Jaffe. This was one of the last Intoxilyzer 5000 machine tests from the DUI vans before they were replaced with the Intoxilyzer 8000 machines. Per their plea policy, the Phoenix City Prosecutor's office would not offer our client a reduction to a regular DUI, which she was perfectly willing to take. Having little to lose by taking this case to trial, we litigated it. Through the use of expert witness testimony, we were able to establish reasonable doubt about the accuracy of the machine. The jury couldn't reach a verdict as to whether our client was above a .150 (extreme) or not. As was our hope, the jury did convict her of the regular (.08) DUI, causing the extreme DUI (which is a lesser included offense) to be dismissed with prejudict (meaning they can never bring that charge against her again). This was a victory, and it ultimately accomplished what our client had offered in the first place... the only difference is that it had to cost the Phoenix taxpayers at least a couple of thousands of dollars to put on a 2-day jury trial.
State (Maricopa County) vs. T.M.
Chemical Evidence : Breath above .150
All counts of Extreme and regular DUI dismissed
This case originated in one Maricopa County Justice Court. The defense exercised its change of judge and the case got transferred. Over the next several months the Jaffe Law Firm made numerous requests for maintainance records for the Intoxilyzer 8000 used in this case. The State was unable to fulfill our discovery demands and ultimately was forced to dismiss the case. This was a case that at first glance looked like a good candidate for a reduction from an extreme DUI to a regular DUI. Through working the case and keeping the pressure on the prosecution we were able to obtain an outright dismissal of all charges.
State vs. D.F.
Chemical Evidence : .099 Blood
Charge Reduced to Reckless Driving
Client was involved in an accident on the border of Paradise Valley and Scottsdale. Paradise Valley PD originally responded, and later called in the Scottsdale PD when they figured out it was Scottsdale's jurisdiction. Client's blood result was .099. Based on policy, the prosecutor's office refused to give the client a reduction from DUI. We set the case to trial and filed a corpus delicti motion. A few days before the trial was scheduled to begin, the State offered our client a Reckless Driving with no jail time if we would withdraw the motion.
State v. PM (Scottsdale City Court)
Chemical Evidence : .06
DUI Reduced to Reckless Driving
No Jail.