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Defense Lawyer Gets DUI Case Dismissed Due to Officer Indiscretion

May 18, 2010 — A Defense Lawyer from DM Cantor was able to get a DUI case dismissed because police denied the defendant the right to speak to a lawyer.

According to court documents, in the case of State v. Anderson (Scottsdale City Court Case No. TR2009023619) Anderson was pulled over for an alleged DUI violation and was then taken down to the Scottsdale City Jail. While in police custody, he requested to speak to an attorney and reached for the phone book, which was in the officer’s hands. The officer threw Anderson to the floor, placed him in restraints and put him into a cell for six to seven hours and never allowed him to contact a defense lawyer.

A Motion for Denial of Right to Counsel was filed by DM Cantor and was argued in front of a Scottsdale City Court judge recently. Evidence of the videotape was presented by a defense lawyer from DM Cantor.

In that video, it showed that Anderson was merely reaching towards the officer, and he never made any physical contact. The officer testified that Anderson had “lunged at him”, and he was worried that he would take pens out of the officer’s pocket and use them as a weapon. The judge found this to be an overreaction on the officer’s part and dismissed the entire case.

“Because of the officer’s overreaction, this resulted in a DUI case involving a .210 blood alcohol content of being dismissed completely,” said Defense Lawyer David Michael Cantor. “We have gotten many cases dismissed due to a police officer’s overreactive imaginations combined with their high testosterone levels.”

Attorneys at DM Cantor enjoy an excellent reputation as defense lawyers in Arizona, and throughout the Legal Community because of their aggressiveness, integrity, honesty, and professionalism. For more information about DM Cantor visit defense lawyer az.

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