Entries by Burges McCowan

ARS 28-1381(A3) DUI drugs – Not Guilty

Jim was waiting to turn left when he was struck by a truck.  Jim was a bit dazed from the accident when the police arrived.  The Scottsdale officer decided Jim was impaired but Jim didn’t have any alcohol in his system.  So Scottsdale charged Jim with being impaired by his prescription drugs.  At trial Burges […]

ARS 13-3407 Possession for Sale of Dangerous Drugs – Dismissed

Matt was a passenger in a car that was stopped and searched by police. The police found a backpack with ecstasy inside and packaged for individual sales. Matt exercised his right to remain silent. The driver of the vehicle, however, told police the backpack was Matt’s and he was charged with possession for sale. Matt […]

ARS 28-1381(A2) DUI above .15 (Extreme) – Dismissed

Justin is deaf. He was stopped for DUI but the officer didn’t bother to get an interpreter before conducting his investigation. The officer even interrogated Justin without an interpreter. Burges did the research to prove Justin’s rights were violated and took it to the prosecutor.  At first the prosecutor fought the issue, but Burges persisted […]

ARS 28-1382(A1) DUI above .15 (Extreme) – No jail

Floyd drove home from the bar and came upon a road that was shut down by the police. Even though the police had no reason to suspect Floyd of DUI, they smelled alcohol on his breath and arrested him. His BAC came back above .15. Burges negotiated a deal with the prosecutor that allowed Floyd […]

ARS 28-1382(A1) DUI above .15 (Extreme) – Not Guilty

Matt was stopped in Scottsdale for DUI and charged with Extreme DUI when his BAC came back from the lab above .15. The prosecutor wouldn’t give Matt any deal so we took it to the jury. Burges cross-examined the police to expose flaws in their investigation.  The jury agreed Matt wasn’t extreme and acquitted him […]

ARS 28-1382(A1) DUI above .15 (Extreme) – Not Guilty

Brittany was driving home from a Scottsdale bar when she was stopped right after she pulled out of the parking lot. She was charged with Extreme DUI because the Scottsdale crime lab claimed her BAC was above .15. Burges exposed problems with the lab testing to the jury and Brittany was acquitted of the Extreme […]