Phoenix, AZ. March 1, 2010 – Arizona criminal attorney David Michael Cantor’s Law Office provided evidence that had a Maricopa County Superior Court Appellate Judge over-rule the Scottsdale City Court’s denial of Motion to Suppress a blood alcohol content test in the case of State v. Nokes. The Appellate Judge suppressed Nokes’ .215 blood alcohol content.
Nokes was arrested by the police for an extreme DWI (i.e., above .15 BAC) and requested to call an attorney prior to a blood test. The officer said (in a taped interview) that he could not recall if Nokes requested an attorney prior to the blood test or after providing blood. An associate for Phoenix criminal attorney Cantor filed a Denial of Right to Counsel Motion, and during the Evidentiary Hearing, the officer now stated that he had a specific recollection that Nokes’ requested an attorney after already providing blood. The officer was subsequently impeached on the stand when the taped interview showed that earlier he stated he had no recollection.
“The case of State v. Nokes should have been dismissed by the Scottsdale City Court judge,” said Phoenix criminal attorney David Michael Cantor. “However, we were forced to appeal to the Superior Court and ultimately got the BAC test suppressed for our client.”
The judge in the Scottsdale City Court denied the Motion even given all this information. Upon appeal, the Superior Court Judge found that the judge in Scottsdale City Court was completely unreasonable and had ignored evidence in order to rule for the State.
About the Law Offices of David Michael Cantor
The Law Offices of David Michael Cantor feature criminal defense attorneys in Arizona who are ready to represent you. As Arizona’s premier defense lawyer, David Michael Cantor defends DUI/ DWI cases, vehicular crimes, homicide, drug and sex offenses, white collar and property crimes. David Michael Cantor is AV Rated – the highest rating possible – and was voted a Top 100 trial lawyer. David Michael Cantor has been interviewed and has appeared on Inside Edition, the CBS Morning Show, Good Morning America, CNN Prime News, Hannitty and Combs, and every local news channel including Univision. In addition, his cases have been covered by CNN, MSNBC, and even Howard Stern.