State v. Mr. S. (DMC No.11267)

(Globe Justice Court No. TR2012-1141): Mr. S. was stopped due to a report of an erratic driver. When the officer stopped him, he noticed that Mr. S. appeared to be impaired. Following a DUI investigation, the State alleged Mr. S. was under the influence of Spice. The State also charged Mr. S. with Reckless Driving. During our investigation, we learned that Mr. S.’s blood sample had been destroyed by the laboratory after testing. We were able to get the blood test results suppressed and all charges were dismissed prior to trial.

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January 8, 2014

January 8, 2014 By dmcantor 200 DUI / Vehicular Crime Victories, 4A DUI Drugs Dismissals, Case Victories, Justice Court Victories, Pima County Justice Court Victories

State v. Mr. M. (DMC No.)

(Pima County Justice Court No. 02008989CR): Mr. M. was stopped by Pima County officers and cited for DUI/Drugs. The State’s test claimed that he had metabolites of Soma and Valium in his system. Upon retest by our expert, we showed that the nannograms of metabolite were “inactive” and so low that they were not affecting his ability to drive. The State dismissed all charges.

January 8, 2014

January 8, 2014 By dmcantor 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Case Victories, Justice Court Victories, Kyrene Justice Court Victories

State v. Mr. D. (DMC No. 5391)

DUI (.089 BAC) REDUCED to WEAVE/SPEEDING TICKET – State v. Mr. D. (DMC No. 5391) (Kyrene Justice Court TR05-52034CR): Mr. D. was travelling on Priest Road in Tempe when he was observed driving with one headlight out. The officer pulled him over and eventually put him through field sobriety tests. Mr. D. was arrested and provided a .089 BAC at the DUI van. We were able to argue that the stop may have been questionable, and the Prosecutor agreed to reduce the charge down from DUI to a simple “weave” and “speed” ticket.

January 8, 2014

January 8, 2014 By dmcantor 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, 908 Phoenix DUI Wins, Case Victories, City Court Victories, Phoenix City Court / Phoenix Municipal Court Victories

State v. Mr. N. (DMC No.)

DISMISSED | DUI (.088 BAC) (Phoenix Municipal Court No. 2805703CR): Mr. N. was pulled over by Phoenix Police for allegedly squealing his tires. A DUI investigation ensued and he submitted a .088 breath test. Initially, the City of Phoenix Prosecutor’s Office would not dismiss the charges or cut any lesser plea agreements. On the day of trial, the prosecutor realized how weak his case was and saw that we were fully prepared, and he then dismissed all charges.

January 8, 2014

January 8, 2014 By dmcantor 10 Felony Aggravated DUI Pre-Charge Victories, 111 Felony Aggravated DUI Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. S. (DMC No. 4116)

NOT CHARGED | FELONY AGGRAVATED DUI (.186 & .161) (DMC No. 4116) (Salt River Police Department): Mr. S. was at a drive-in movie theater on the Salt River Indian Reservation, and had been stopped as he was leaving the property after an individual reported that he had thrown a beer bottle out of his car while he was driving. Upon contact with police, he admitted to drinking and performed Field Sobriety Tests. He ultimately provided 2 breath tests (.186 and .161) that were not within 0.20% of each other as required by statute. He also had 3 children in the car who were under 15 years of age, which made this case a felony. Due to the fact that we were able to convince the prosecutor that the breath test results would be suppressed, a decision was made that no charges would be filed.

January 8, 2014

State v. Mr. R. (DMC No. 10640)

NOT CHARGED | AGGRAVATED DUI (.186 BAC while on probation) – State v. Mr. R. (DMC No. 10640) (Scottsdale Police Department investigated): Mr. R. was on probation for possession of marijuana with intent to sell, and had 5 prior DUI’s (at which 2 were eligible) when he was pulled over in north Scottsdale for driving and having something dragging from his vehicle. He was ultimately arrested for DUI and blood was drawn. He invoked his right to contact counsel, which he was not allowed to do. Due to the “denial of right to counsel” issue, along with the questionable stop, no charges were brought against Mr. R.

January 8, 2014

January 8, 2014 By dmcantor 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Case Victories, El Mirage City Court Victories

State v. Ms. L. (DMC No. 4540)

DISMISSED | DUI (.085 BAC) – State v. Ms. L. (DMC No. 4540) (El Mirage City Court CR04-157): Ms. L. had been drinking and became involved in an argument with her husband. Eventually, he called 911 and she left because she was scared. She was pulled over and asked to do a series of field sobriety tests. She performed poorly because she was upset and confused. Subsequently she was taken to the station and provided a .085 breath test. Due to issues with the breath testing device, and the questionable nature of the stop, we had all charges dismissed.

January 8, 2014

January 8, 2014 By dmcantor 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Case Victories, Wellton City Court Victories

State v. Mr. N. (DMC No. 7514)

DUI (.084 BAC) DISMISSED – State v. Mr. N. (DMC No. 7514) (Wellton City Court M1443CR2007-00015): Mr. N. and several friends were passing through Wellton, Arizona on their way to Tijuana. They went into a local Circle K, and then came out in the parking lot where they sat in his vehicle. The police came up because they were called by the local Circle K Clerk regarding a “possibly impaired driver”. He was subsequently arrested and provided a .084 BAC. Due to the questionable stop, and a possibly lack of Actual Physical Control, we were able to get the DUI dismissed in its entirety.

January 8, 2014

January 8, 2014 By dmcantor 110 DUI, DUI Drugs, Extreme DWI & Super Extreme DWI Pre-Charge Victories, 116 Drug Crime Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 4AAA DUI/Extreme & Super Extreme Pre-Charge Victories, 600 Drug Crimes Victories, 82C Possession/Paraphernalia Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. L. (DMC No. 9825)

NOT CHARGED | DUI (.083 BAC) / POSSESSION OF MARIJUANA and DRUG PARAPHERNALIA NOT CHARGED – State v. Mr. L. (DMC No. 9825) (DPS Investigated): Mr. L. was pulled over at the US 60 & Greenfield Road by DPS Officers for allegedly weaving. He stated he was weaving due to being distracted by his female passenger. He ultimately was given a portable breath test which revealed a .083 BAC, and he was taken to the jail where he requested to speak with an attorney. After finally speaking with an attorney, blood was drawn after 2 hours of driving. In addition, a bag of marijuana was found in his vehicle along with a pipe. Due to issues of the blood being drawn outside of 2 hours, along with a questionable a stop, we were able to prevent charges from being filed.

January 8, 2014

January 8, 2014 By dmcantor 110 DUI, DUI Drugs, Extreme DWI & Super Extreme DWI Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 4AAA DUI/Extreme & Super Extreme Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. L. (DMC No. 9825)

NOT CHARGED | DUI, State v. Mr. L. (DMC No. 9825) (DPS DR# 2009-022207): Mr. L was pulled over for allegedly weaving on the U.S. 60 in the area of Greenfield Rd. After he was stopped the officer smelled an odor of alcohol. Preliminary Breath Test was given which revealed an .083, and Field Sobriety Tests were then administered. During the time that the Prosecution was waiting for blood results, we contacted their office and were able to explain that Mr. L’s Right to Counsel was violated when he was not given a private phone call that night when he asked to speak to our office. The Prosecutor decided not to file charges.

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