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October 19, 2013
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 21 Sex Crime Pre-Charge Victories, 300 Sex Crime Victories, 33-35 Public Sexual Indecency Victories, 35 Public Sexual Indecency Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. C (DMC No. 4826)

NOT CHARGED | PUBLIC SEXUAL INDECENCY – State v. Mr. C. (DMC No. 4826) (Phoenix PD Investigated): Phoenix Police Detectives were working undercover at Washington Park in order to apprehend gay males who may engage in sexual activity in the restrooms.   An undercover Detective maintained eye contact and was “flirting” with Mr. C., and he then walked into the restroom and waited.  About a minute later, Mr. C. came in to use the urinal and the Detective stated that it was clear that he was masturbating while using the urinal.  However, the Detective admitted he never actually saw Mr. C.’s genitalia.   After Mr. C. was arrested, we became involved and convinced the Prosecutor that they lacked sufficient evidence to pursue charges at that time.  We then stayed involved and prevented Detectives from re-questioning Mr. C., and eventually the statute of limitations ran and no charges were ever brought against Mr. C.

October 8, 2013
Posted on Author By dmcantor Categories 1 DUI / Vehicular Crime Jury Trial Complete Acquittals, 1000 Complete Jury Trial Acquittals / All Criminal Charges, 200 DUI / Vehicular Crime Victories, 908 Phoenix DUI Wins, Case Victories, City Court Victories, Jury Trial Victories, Phoenix City Court / Phoenix Municipal Court Victories

State V. Mr. S. (DMC No. 11597)

NOT GUILTY | Complete Acquittal / DUI Arizona – State V. Mr. S. (DMC No. 11597) (Phoenix City Court No. 4639623):

Mr. S. was stopped for a traffic violation in the area of 27th Ave and Thomas in Phoenix, AZ.  Mr. S. submitted to a battery of field sobriety tests and was placed under arrest for suspicion of DUI.  He submitted to a blood draw within two hours of the stop.  The result of the BAC analysis was .093.  The blood result was persuading the jury that the State’s evidence impairment was insufficient to sustain the charge and the client was acquitted of all DUI charges.

September 26, 2013
Posted on Author By dmcantor Categories Blog

Third Offense Felony Aggravated DUI Penalties

Watch as David Cantor explains a 3rd Offense Felony Aggravated DUI in Arizona:

A third offense felony Aggravated DUI in Arizona is a DUI in which an individual has any two prior allegable felony convictions. These priors do not necessarily have to be Aggravated DUI charges, but they can be any prior felony convictions. For example, if an individual has two prior felonies for possession of marijuana and theft, the DUI is considered a third offense felony Aggravated DUI. Even if the individual did not complete any jail or prison time on the two priors, the new Aggravated DUI will result in severe punishments.

When convicted of a third offense felony Aggravated DUI in Arizona, the individual will be required to complete a mandatory minimum of six years in PRISON. However, the prison time can reach a maximum of 15 years, with a presumptive prison term of 10 years. As a result of the prison term, individuals will most likely lose their mortgage and home, and their license will be lost for years. The standard offer by the state of Arizona is six years in prison. However, if the prior felonies are found to be lacking information such as a missing fingerprint, paperwork (particularly from out of state priors) or an attorney-client waiver form, the sentence can be significantly reduced. For example, rather than serving six to fifteen years on a third offense, the individual might then only serve four months in prison on the basis of a first offense Aggravated DUI.

There is no reason to sugar coat the punishment, a 3rd offense felony Aggravated DUI charge is very, very serious. The presumptive PRISON sentence is 10 years, how does that sound? As stated above, if you have previous DUI charges, we might be able to help you get those thrown out so they don’t count, thus making the current charge less than a 3rd offense felony Aggravated DUI. What is your future worth to you?

 

For a Free Case Consultation, please call our offices at (602) 307-0808 to schedule an appointment. Our offices are available 24 hours a day by phone or by email.

September 20, 2013
Posted on Author By dmcantor Categories Blog

First Offense Extreme DUI Misdemeanor Penalties in Arizona

In the State of Arizona any DUI with a blood alcohol content (BAC) of .150 to .199 is an Extreme DUI (A.R.S. §28-1382). The Extreme DUI Arizona First Offense will be considered a first offense, assuming you don’t have any prior DUI convictions in the last 7 years.

Are you looking for something different? Here are the links for 2nd Offense Extreme DUI and 3rd Offense Extreme DUI in Arizona.

Here’s a short video of David explaining the punishments for 1st Offense Extreme DUI in Arizona:

The consequences of a First Offense Extreme DUI is 30 days in jail, although 21 days can be suspended if you install an ignition interlock device. If not, the 30 days in jail will cost you $2,500. The fines and surcharges are $2,787, and the screening for substance abuse classes is $50. The court can give you between 16 and 36 hours, but it is almost always 36 hours, and the costs are $585. You will also lose your license for a minimum of three months, and when your license is reinstated you will need to get an ignition interlock device if you haven’t already, which you have to blow into every time you start your car and every fifteen minutes thereafter. That costs $1,000 to $1,200, and you have to take the device in every 90 days so the data can be downloaded and analyzed to ensure you have not been driving with alcohol in your system.

You will also need to maintain an SR-22 insurance policy, which is a special type of high-risk insurance where the insurance company contacts the DMV should your insurance lapse at any time. The SR-22 insurance costs $500 per year, and you need to maintain it for three years, totaling $1,500. In addition to that, your insurance will go up $3,000 per year for the next three year – that’s another $9,000.

After receiving a First Offense Extreme DUI if you simply avoid driving and take public transportation, you will still have to pay $7,500 to the government and state agencies. If you decide to continue to drive once your license has been reinstated, you will have to pay a total of approximately $17,622 over three years.

If you have a CDL, or commercial driver’s license, you’ll lose it. If you’re a doctor, nurse, pilot, lawyer, have a real estate license, an SEC license, government, military – it’s going to affect your job, especially if you do outside sales. For insight into how DM Cantor can help you, browse the victory section on our website, DMCantor.com, to see how our firm gets cases dismissed completely or reduced from an extreme DUI to a regular DUI, which saves thousands of dollars and 29 days in jail. In some cases, extreme DUIs can be reduced to reckless driving, which requires just a fine.

Hiring a lawyer to defend a First Offense Extreme DUI charge is crucial, because you don’t want to end up subjected to this harsh punishment:

  • 30 days in jail: $3,400
  • DUI Fines: approximately $3,300
  • Requirement to install an ignition interlock system: $1,500
  • Alcohol Screening: $100
  • Up to 36 hours of alcohol education classes: $1,000
  • SR-22 Policy $500 per year: $1,500
  • Increase Car Insurance Premiums $3,000 per year: $9,000

If you choose to legally drive after a conviction for a First Offense Misdemeanor Extreme DUI then you are looking at approximately $19,800 in costs associated with the sentence.

If you are faced with these circumstances please give our office a call at (602) 307-0808 to get a Free Case Review. We’re also available 24 hours a day via answering service or by using our secure web form.

September 19, 2013
Posted on Author By dmcantor Categories Blog

Second Offense Felony Aggravated DUI Penalties in Arizona

An Aggravated DUI (driving under the influence) is charged as a felony in Arizona if it is your third such offense within seven years, or your license has already been revoked or suspended at the time you were stopped for DUI. A second offense Aggravated DUI occurs if you are picked up on a drunk driving charge and you have any prior felony. It does not have to be a DUI felony and it could have happened 20 years ago.

Watch this short video where David Cantor explains the punishment for a 2nd Offense Felony DUI in Arizona:

A second offense Aggravated DUI is a very serious offense in Arizona. Like child molestation, such a charge is “forever allegeable.” That means a conviction for aggravated DUI can be forever used against you and could be cited as “prior felony conviction” if you are once again charged with any felony.

A conviction of second offense Aggravated DUI in the State of Arizona can mean: 2.5 to 7.5 years in PRISON. You will lose your driver’s license for at least 3 years. In addition, if you decide to regain your license after three-year suspension, you must install an ignition interlock device for a two-year span at a cost of approximately $1,500. This device is installed in your vehicle, and you must blow into it in order to start your car. You also have to blow into it every 15 minutes to keep the car running. Every 90 days, you are required to take your car to have the interlock device tested to determine if you have been drinking and driving during that period.

Your car insurance provider will require an SR-22 policy in order to insure you, and that will cost $500 per year for a total of $1,500 over 3 years. Your auto insurance costs after an Aggravated DUI will increase at least $3,000 per year (for 3 years) for a total increase of $9,000. In addition, if you have a professional license, a gun license, or military job, you will lose it. You will even lose the right to vote.

Let’s review the consequences of a conviction for a 2nd Offense Felony Aggravated DUI in Arizona:

  • 2.25 to 7.5 years in PRISON, 4 years in Prison is the average sentence
  • Driver’s License Revocation 3 years
  • Interlock Ignition Device: $3,000
  • SR-22 Insurance Policy $500 per year for 3 years: $1,500
  • Car Insurance Policy increase $3,000 per year for 3 years: $9,000

An Aggravated DUI is a very serious charge in the State of Arizona. If you or a loved one is facing these charges, give us a call at (602) 307-0808. We may be able to reduce the charge to a first offense DUI, which means less jail time, shorter loss of license, and fewer penalty costs. View our DUI Case victories to see a sampling of the results we’ve gotten for our clients. Call or email us for a free evaluation of your case today.

Click one of the following links for more information on different DUI charges: First Offense Aggravated DUI, First Offense Super Extreme DUI, Second Offense Super Extreme DUI, First Offense Misdemeanor DUI, Second Offense Misdemeanor DUI, Third Offense DUI.

September 18, 2013
Posted on Author By dmcantor Categories Blog

DUI Defense: No Actual Physical Control

The DUI law in Arizona used to read that any intoxicated person sitting in a car with the keys in the ignition is in “actual physical control” of their car. However, in 1995, David Michael Cantor took the case, State vs. Love, to the Arizona Supreme Court in order to change the law. He argued and won the case. Since 1995, the definition regarding whether a person has actual physical control of their vehicle while intoxicated depends on a totality of the circumstances. For example, if a person pulled over and stopped only to turn the air conditioner or heater on, then they cannot be charged with being in physical control of their vehicle. Other situations where a person would not be in “actual physical control” of a vehicle would be if a person is sitting in the car and waiting for a ride, or if an intoxicated driver is “sleeping it off”. David Michael Cantor has argued and won countless cases pertaining to individuals being charged with DUIs.

Watch this short video about the DUI Defense, No Actual Physical Control:

Each case is different, but our firm is very good at defending DUI cases. We defend individuals who may not have been in actual physical control of their vehicles during their brief intoxication. Some of the possible indications of the ‘No Actual Physical Control’ DUI defense are: if the engine or parking brake were on or off during the arrest; if the car was off the main travel road; if the car was in neutral; and if the car was in a bus pullout, parking lot or outside of a drive-thru. These are instances where attorneys can argue that the individual, though intoxicated, was not in actual physical control of their vehicle because the vehicle was not moving or putting anyone in harm’s way. However, it would be hard to argue if a person was passed out a green light, hit a pole or blew out their tires while intoxicated. This is evidence that the person was intoxicated and in actual physical control of their vehicle prior to passing out.

If one of these situations applies to you, then contact our offices at 602-307-0808 or send us an email to get a Free Case Consultation. We are ready to discuss your case with you and find the best possible defense for your case.

September 12, 2013
Posted on Author By dmcantor Categories Blog

Second Offense Super Extreme DUI Misdemeanor Penalties in Arizona

In this short video, David Cantor explains 2nd Offense Super Extreme DUI Penalties in Arizona:

What is a Super Extreme DUI? Technically, in Arizona, we have an Extreme DUI, which is Blood Alcohol Content (BAC) of .15 up to .199, but there’s an enhancement provision in the statute: if you have a .20 BAC or above, according to A.R.S. §28-1382(D)(1) that’s called a Super Extreme DUI. Additionally, if you have a DUI with .20 BAC or higher, and you have one prior DUI in the last seven years, then you are subject to these following consequences and mandatory minimum penalties:

  • You’ll be facing 6 months in jail. That’s 180 days in jail with none of them suspended, meaning you have to serve every one of those days. The jail costs will be $18,500, and the fine and surcharge on top of that will be approximately $3,300.
  • You will be required to do a substance abuse screening, and whatever classes they recommend. It is $100 for the screening. The 36 classes are the minimum, and they cost $1,000.
  • As far as the license suspension, you’ll get a one year license suspension, and then for the next two years after you get your license back, you’ll be required to have an ignition interlock device on your steering wheel, which will run approximately $3,000 over that 2 years. Now, what is this device? It’s a breath testing device that you have to blow into on your steering wheel to start your car, and every 15 minutes after it’s running, you have to blow into it again to keep it running. Then, every 90 days, you’ll have to take it down and get it tested. They will download the chip to make sure that you haven’t been driving with alcohol in your system.
  • On top of all of that, your increased insurance costs will be $3,000 a year higher than it is now for the next 3 years, so that’s $9,000 in increased insurance costs. And the SR22 requirement, which is a reporting provision, where the insurance company will tell the DMV if you don’t maintain insurance. This will run you $500 a year, or $1,500 over your next 3 years.
  • Lastly, they will require you do 30 hours of community service.

So, if you are stopped and convicted of your Second Offense Super Extreme DUI A.R.S. §28-1382(D)(1), then served your 6 months jail time, paid your $18,500 in jail costs and another $3,300 or more in fines, and said “I will just take the bus,” it will still cost you $21,800 over the next 3 years. And if you do want to drive and decide to get insurance, add $9,000 on top of that. Now you’re past $30,000, this is very serious stuff! Other repercussions: if you have a CDL, it will be gone, if you’re a doctor, nurse, pilot, lawyer, if you have a real estate license, if you’re a government or military, you will probably lose your job, lose your clearance, and lose your professional status.

Please visit our Case Victories section and you’ll see that we’ve handled thousands of these and many times we can prevent admission of the prior conviction, which means 180 days drops down to 45 days. Not only blow up the prior, but potentially reduce a super extreme or an extreme DUI to a regular DUI. Now jail time drops all the way down to 1 day in jail. Our firm has done this numerous times. So, if this applies to you, or a loved one, go to our site, fill out a contact form or give us a call at (602) 307-0808 and we will set-up a free initial consultation with you. Give us a call and we’ll take good care of you.

 

 

September 11, 2013
Posted on Author By dmcantor Categories Blog

First Offense Felony Aggravated DUI Penalties in Arizona

What is an Aggravated DUI? An Aggravated DUI is any DUI that is a third offense within seven years. For example, if you have a prior DUI six years ago, four years ago, and now you’ve been charged again, that this charge will be an Aggravated DUI. More commonly, an Aggravated DUI is any DUI in which your license was suspended when you got the DUI. That one is a serious one, because a lot of people fail to appear in court and deal with minor traffic tickets, their license is then suspended, and suddenly they are facing an Aggravated DUI. There is a third type of Aggravated DUI, that’s with a child in the car when you’re driving and you get a DUI, you can read more about that here.

David Cantor explains the Penalties for a 1st Offense Aggravated DUI in Arizona:

For an Aggravated DUI in Arizona, the mandatory minimum is four months in prison. Think about that – prison – what happens to your job? Your mortgage? Your family? This is 24 hours a day, no work release. It’s four months of actual prison time. The fine is normally waived, but you’ll still have to do a substance abuse screening for $100 and take 36 hours of classes which runs you $1,000. You’ll lose your license for three years and then after that, for the next two years, you’ll have to get an ignition interlock device on your vehicle – that runs approximately $3,000 for that two-year period.

What is an ignition interlock device? That’s a breath testing device that’s installed on your steering wheel. You have to blow into it to start your car and every fifteen minutes after your car is running you have to blow into it again. Every 90 days, you have to take it down to the facility where they download the chip to make sure you haven’t been driving with alcohol in your system.

Insurance-wise, you’ll be required to obtain an SR-22. That is a special provision in which you pay the insurance company to tell the DMV if your insurance lapses. And they will charge you $500 per year for three years for that privilege. On top of that, your insurance will go up $3,000 a year higher than it is now for the next three years – that’s $9,000.

Let’s recap the Costs of an Aggravated DUI in Arizona:

  • 4 Months in Prison
  • Substance Abuse Screening & 36 Classes: $100 + $1,000: $1,100
  • Ignition Interlock Device $1,500 per year: 2 years $3,000
  • SR-22 $500 per year: 3 years $1,500
  • Increase in Car Insurance Premiums $3,000 per year for 3 years: $9,000

Total Costs after 4 months in Prison and 3 years license revocation: $13,54,5

Other repercussions besides losing your job, professional status as a doctor, nurse, pilot, lawyer, if you trade stocks and have an SEC license, a real estate license, government or military – you are going to lose your job if you get convicted of this felony. You’re also going to lose your right to vote and your guns rights. That attaches to any type of felony.

Please review our Case Victories section of our website. You’ll see that we win Aggravated DUI cases all the time. We either get them dismissed or reduced to a misdemeanor DUI, which means instead of doing four months in prison you could be doing just one day in jail. The Aggravated DUI costs – approx $14,600 – can drop dramatically if we get the felony reduced. Or, we can just get the charges dismissed or win it in certain situations, if the flaws of the case are there. You’d be surprised how often that happens.

If this situation applies to you, a family member or loved one, fill out a form on our website or call us at (602) 307-0808 to set up an appointment. It doesn’t cost you anything, but it takes about 30 minutes of your time, and hopefully we’ll be able to find a way out of this for you.

September 2, 2013
Posted on Author By dmcantor Categories 100 Miscellaneous Crimes Victories, 800 Miscellaneous Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. G (DMC No. 9310)

Approximately 15 years prior to hiring us, Mr. G had plead guilty to Felony Attempted Child Molestation (a Class 3 Dangerous Crimes against Children) and he was placed on lifetime probation. Roughly 13 years after that, we were able to have his lifetime probation terminated. It was subsequently discovered that the DPS database kept showing that Mr. G. was on lifetime probation. Because of this, he was unable to get a normal driver’s license (which he was required to do yearly under his lifetime probationary term), and he was threatened to be arrested every time he was pulled over for a minor traffic offense. We were able to clear his record, and he no longer is burdened by the Justice System. He is also allowed to leave the country at will in order to go on vacations.

August 30, 2013
Posted on Author By dmcantor Categories Blog

Third Offense Regular Misdemeanor DUI Penalties in Arizona

A third offense regular driving under the influence (DUI) charge in Arizona is any DUI where the blood alcohol level is .149 or less (or DUI drugs) and it is the third offense within seven years. The term is actually a misnomer because technically, a third offense in seven years is charged as a first offense felony (an aggravated DUI) in which the mandatory minimum punishment is four months in prison. Sometimes, the city prosecutor will decide not to charge the crime of third offense DUI as a felony, but rather as a misdemeanor. If the prosecutor alleges the two prior convictions, they will want 180 days of jail time on the third conviction.

Are you looking for the penalties for a 1st Offense Misdemeanor DUI or 2nd Offense Misdemeanor DUI?

Watch this short video on the 3rd Offense DUI Penalties in Arizona:

Typically, the jail time can be work release (12 hours in jail per day, 12 hours out per day) for six days a week as the individual goes to work. The problem with this is that the jail costs will run up to $18,500 for 180 days, plus a $3,500 fine! In addition, the individual will lose their license for well over a year and be required to have an ignition interlock device on their vehicle for over a year (at a cost of $1,500)!

The reason the city court will charge the DUI as a third offense rather than routing it to the Maricopa County Attorney’s Office for a felony DUI charge is because there is usually a proof problem or an issue with one of the prior DUI convictions. For example, if an individual has a DUI in Arizona and one in another state, the Arizona court does not know if they can get an accurate prior conviction packet from the other state.

Additionally, if the judge in the prior DUI case didn’t properly read the guilty plea proceeding advisement, or the individual wasn’t told they could have an attorney which was waived in writing, there can be some serious flaws in the case. The city court would then have to fly someone from the other state in order to testify that a defendant has a valid prior conviction. As you can see, the whole process of including prior DUI convictions can become problematic for a city court. Therefore, a prosecutor will try to charge it to a third offense DUI to see if they can get someone to plead guilty and serve 180 days in jail.

If you or someone you know has a third DUI arrest you need to call our offices immediately. Our team is highly experienced and can assist you in obtaining the best possible outcome for your case. To get a Free Case Consultation, please call or email our offices. We are available 24 hours a day at (602) 307-0808.

Please take a few minutes to look over our Arizona DUI Case victories.

Here are links to other misdemeanor DUI charges in Arizona: 1st Offense Misdemeanor DUI, 2nd Offense Misdemeanor DUI.

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