Scottsdale, AZ. March 3, 2010 – Arizona Criminal Defense attorney David Michael Cantor’s office was able to provide evidence to a Scottsdale City Court judge that got the case of State v. Norman dismissed. Norman was facing a charge of second offense of extreme DUI after failing a blood alcohol content test with a .164 BAC.
Defense attorney Cantor’s associate was able to provide evidence that Norman was taken into custody and requested to contact an attorney who was out of state. However, police officers did provide Norman with a telephone that allowed him to contact an out-of-state- attorney, stating that he could not allow Norman to use a cell phone because Norman could use that cell phone as a weapon.
“Norman was not properly offered the right to an attorney and that alone is cause to have an entire case dismissed,” said defense attorney David Michael Cantor.
During an Evidentiary Hearing in front of a judge, defense attorney Cantor’s associate was able to point out that Norman was not handcuffed, and could have used a belt or shoe, among other things, as a weapon. However, none of this concerned the officer. Therefore, the judge found that the officer was being disingenuous when he stated that he would not provide Norman’s cell phone because it could be “used as a weapon”.
The judge found that Norman’s right to counsel was violated and he ruled that under the U.S. Supreme Court case of U.S. v Gonzalez-Lopez (2006) that the entire case should be dismissed.
If you would like more information about hiring a Scottsdale DUI Lawyer, please call our offices at (602) 307-0808.