May 22, 2013

May 22, 2013 By dmcantor 1600 Probation Violation Victories, 1800 Sentence Modification Victories, 2100 Superior Court Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. W (DMC No. 5560)

GRANTED | PROBATION TERMINATED | PROBATION VIOLATION HEARING – PROBATION TERMINATED/ENDANGERMENT – State v. Mr. W. (DMC No. 5560) (Maricopa County Superior Court CR2001-017914): Mr. W. was originally charged with an aggravated DUI which was reduced to an endangerment felony, with a misdemeanor DUI. He did 4 months of prison up front and was placed on probation. Due to numerous alleged violations with probation, he was taken into custody. When we became involved, we were able to convince the Judge to give him credit for all the time he had served in custody and terminate probation. He was then freed from custody.

May 22, 2013

May 22, 2013 By dmcantor Blog

Can I be charged with DUI in Arizona even if I wasn’t cited at the scene?

In this short video David explains if you can be charged with DUI in Arizona if you weren’t cited:

Suppose you were stopped for suspected DUI and found to be over the limit by the police’s breath analysis or the mobile DUI processing van’s blood test, but the police officers did not cite you at the scene. Are you free and clear?

Not necessarily. In the state of Arizona, the police have up to one year from the date of the incident to charge you with misdemeanor DUI; most delayed charges are filed within four to six months. If you are suspected of felony DUI, the police have up to seven years to decide if they are going to file charges against you.

If you are allowed to leave the scene without being cited or charged, it’s important for you to hire an Arizona DUI Defense attorney as soon as possible. A defense attorney can work to prevent the charges from ever being filed against you. Once charges are filed, they will show in any criminal background check even if the charges are eventually dismissed. This can cause you difficulties in finding or keeping employment.

A DUI attorney in Arizona can help your case while it’s in the precharge stage by negotiating with the prosecutor. Even if your defense attorney is unable to convince the prosecutor to not file charges against you, he or she may be able to get the charge reduced to a lesser degree of DUI or something like reckless or aggressive driving, speeding, or other simple traffic violations.

If you are suspected of DUI but you have not yet been charged, please contact our office at (602) 307-0808 for a free initial consultation. Someone is available to help you 24 hours a day, seven days a week. You can also contact us by email via our secure form. Don’t put it off. A DUI charge is serious business. The Arizona drunk driving attorneys of DM Cantor are experienced in the procedures of the Arizona legal system, and there is an excellent chance that we can help you before your DUI case negatively affects your life.

May 15, 2013

May 15, 2013July 3, 2023 By dmcantor Blog

DUI on a Boat is an OUI in Arizona

When the weather starts to turn warm, many people enjoy spending time on the water with their family or friends. Believe it or not, The State of Arizona has many beautiful lakes where people enjoy recreational boating during the spring and summer months. However, this can become a dangerous activity when a boating accident occurs.

Some of the most common causes of a boating accident include the following:
• The operator of the vessel was inexperienced in handling the boat
• The person operating the boat made a mistake and hit another watercraft
• High winds or heavy rains contributed to the accident
• The boat was not properly maintained resulting in equipment failure
• Large wakes caused by another boat could result in the vehicle capsizing
• The person who was operating the vehicle was under the influence of alcohol or drugs at the time

In Arizona, an individual can be charged with operating under the influence (OUI) if they were intoxicated while operating a personal watercraft. The Arizona Revised Statutes 5-395.01 allows a person to be convicted of an OUI offense if the following applies:

• The person was under the influence of drugs or alcohol at the time they were operating a watercraft vehicle
• The individual had a blood alcohol concentration of .08 or more within two hours op operative a motorized watercraft
• Was under the influence of any drug as defined in the Arizona Revised Statute 13-3401
• The person had a blood alcohol concentration of .04 or more while operating a commercial watercraft

cop-jet-ski — DUI on a Boat is an OUI in Arizona

The State of Arizona Game and Fish, in concert with local law enforcement, have planned patrols and checkpoints on lakes between the months of March and September that yield a number of arrests every year. The lakes in the Phoenix area that have planned patrols are Lake Pleasant, Roosevelt lake, Apache Lake, Horseshoe Lake, Bartlett Lake, Saguaro Lake, and Canyon Lake. According to reports provided by the Lake Havasu Police Department, there was an increase in OUI arrests during Labor Day weekend in 2012. There were 20 OUI arrests made during this weekend, which was an increase from the 14 people who were arrested for an OUI offense during Memorial Day weekend.

The Penalties For an OUI Conviction in Arizona

The penalties for an OUI conviction in Arizona will most likely depend upon a number of factors. This includes the individual’s blood alcohol content (BAC) at the time of arrest. Age may also be a factor if the person was under 21 while consuming alcohol.

• First Offense With BAC of .08 to .15
• Up to six months in jail and/or a mandatory alcohol education class
• A fine of up to $2,100

• First Offense With BAC Over .15
• A minimum of 30 days in county jail
• A fine up to $2,500

If you have been arrested for suspicion of an OUI offense, please call our office immediately at (602) 307-0808. We offer free consultations with a DUI Defense lawyer who will review your case. If you would like to email us, please click here.

April 3, 2013

April 3, 2013September 5, 2020 By dmcantor Blog

DUI Charge with Marijuana in Arizona

The Court of Appeals in Arizona ruled in February 2013 that upholds the right of prosecutors to move forward with charges against marijuana smokers in the state for driving under the influence regardless of the presence of physical evidence. As reported by the Associated Press, authorities in Arizona need only blood test or urine sample results showing the presence of chemical compounds known to be in marijuana as present in the body at the time of arrest. Regardless of your level of impairment, or how long ago you may have used marijuana, police can arrest you for driving under the influence. Any amount of marijuana or its metabolites in your system could be sufficient to bring marijuana DUI charges in Arizona. A DUI for Marijuana charge can also be known as one of the following: Metabolite DUI, Pot DUI, or Weed DUI.

Impairment to the Slightest Degree

To prove that you were under the influence of marijuana at the time of your traffic stop, authorities must show what is known in Arizona law as “impairment to the slightest degree.” In other words, prosecutors must show marijuana use impaired your driving, even to the slightest extent. Any traffic citation – as evidence of a driving error – issued by the arresting office could be sufficient to overcome this burden. Officers might also ask you to perform field sobriety tests during the traffic stop as a means of determining impairment.

By law, you do not have to submit to field sobriety tests. Politely decline the request. This right doesn’t usually extend to providing breath, urine or blood samples. If you choose not to cooperate, officers may obtain a warrant for your bodily fluids, which you cannot legally refuse.

Penalties for Marijuana DUI in Arizona

First Time Marijuana DUI Offense: misdemeanor punishable by a minimum of one day to a maximum of six months in jail. Fines and associated court fees are a minimum of $1,470, but may be more depending on judicial discretion. Mandatory participation in substance abuse program and required installation of an interlock device on vehicle ignition. One-year suspension of driver’s license.

Second Marijuana DUI Offense: Misdemeanor level offense with a mandatory minimum of 30 days in jail, minimum $3,340 fine, and a minimum of 30 hours of community service. License suspension for 18 months and required installation of interlock device on vehicle.

Third Marijuana DUI Offense: If the third marijuana DUI offense occurs within seven years of the last conviction, there was a child present in the vehicle or your license is suspended, you could be charged with a felony level offense. You may face a lengthy mandatory minimum prison sentence and heavy fines.

If you have any questions about the State of Arizona and the DUI Drug laws, please give our offices a call (602) 307-0808. Our offices are available 24 hours a day and we offer free consultations. Call or email us now.

April 2, 2013

April 2, 2013July 3, 2023 By dmcantor Blog

In Arizona what is an Extreme DUI?

In Arizona, the maximum blood alcohol concentration (BAC) that is legally allowed while driving or operating a motor vehicle is 0.08 percent. Any violation of this law is a criminal offense and could result in a driving under the influence (DUI) conviction. The penalties for a DUI conviction will usually be based on the BAC level of the offender. Arizona law lists the qualifications and penalties for a DUI, an Extreme DUI, and a Super Extreme DUI.

What are the qualifications for an Extreme DUI?

Pursuant to §28-1382 of the Arizona Revised Statutes, an Extreme DUI charge requires a BAC of 0.15 percent or above within two hours after driving a motor vehicle. Meanwhile, a BAC of 0.20 percent or above qualifies as a Super Extreme DUI charge in Arizona. To violate the law, the blood alcohol concentration must result from alcohol that has been consumed either before or while actually driving the vehicle.

What are the penalties for a first-time Extreme DUI?

A first-time Extreme DUI violation is considered a Class 1 misdemeanor. It will result in at least 30 consecutive days in jail or a maximum of six months. All offenders are required to pay a minimum fine of $250 plus certain financial penalties. Additionally, the individual will have his or her driving license suspended for 90 days. After 30 days, an individual who meets certain eligibility requirements will be allowed to receive limited driving privileges. Then, at the end of the 90 days, the court might require that an ignition interlock device be placed on the person’s vehicle for at least one year.

What are the penalties for a second- time Extreme DUI?

The penalties for an Extreme DUI are increased for anyone who has a prior DUI conviction within the previous seven years. The minimum jail time, for example, is 120 days. Additionally, the offender is required to pay a minimum fine of $500 plus additional financial penalties. A person convicted of a second-offense Extreme DUI will have his or her driving license suspended for at least one year and will not be eligible to receive any temporary driving privileges. An ignition interlock device will be placed on the person’s vehicle at the end of the one year period.

The penalties for a Super Extreme DUI include at least 45 consecutive days in jail and a minimum fine of $500. Anyone who is convicted of either an Extreme DUI or a Super Extreme DUI might be required to undergo substance abuse counseling.

Please contact our offices if you or someone you know has an Extreme DUI charge in Arizona. To schedule a free consultation with a DUI Attorney, please call our offices 24 hours a day at (602) 307-0808. You can also email us through our secure and confidential email form.

April 1, 2013

April 1, 2013 By dmcantor 1800 Sentence Modification Victories, 2100 Superior Court Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. S (DMC No. 5462)

PROBATION TERMINATED | FOUR SEPARATE DRUG CONVICTIONS with PRIOR PRISON – State v. Mr. S. (DMC No. 5462) (Maricopa County Superior Court CR2000-017914): Mr. S. had multiple prior convictions for drug usage. His previous two convictions resulted in 3 ½ years of prison time, along with a 2 ½ year probation “tail”. When Mr. S. was released from prison, we were able to successfully petition the Judge to terminate his probation in order to allow him to gain employment and leave the State.

March 15, 2013

March 15, 2013 By dmcantor 1800 Sentence Modification Victories, 2100 Superior Court Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. R (DMC No. 5035)

PROBATION TERMINATED and FELONY DESIGNATED as MISDEMEANOR | CRIMINAL POSSESSION of a FORGERY DEVICE – State v. Ms. R. (DMC No. 5035) (Maricopa County Superior Court CR2004-041768): Ms. R. was originally charged with fraudulent use of a credit card and forgery, which was later reduced to possession of a forgery device. She was placed on standard probation and then received a scholarship offer to an out of State college to play sports. We were able to have probation terminated and her felony designated as a “misdemeanor”. This allowed her to go on to a successful college career.

March 15, 2013

March 15, 2013 By dmcantor Blog

Understanding Being an Accomplice to a Crime

Sometimes it just doesn’t pay to help out a friend! The stark reality of this ancient wisdom becomes altogether clear when someone gets caught up in the commission of a crime. Accomplice liability is complicated and sometimes difficult to sort out. If you have been charged with being an accomplice to a crime, you should retain the services of an experienced criminal law attorney as soon as possible.

What is an Accomplice?
Accomplice liability in a crime can be described in several ways. A person who knowingly participates in the commission of a crime may be referred to as an accomplice, an accessory or an aider and abettor. In any case, it means that someone knowingly helped someone commit a crime, and that’s not good. Anyone who knowingly helps someone commit a crime in any way can also be convicted of that very same crime.

Principle in the First Degree
The person who actually commits the crime is guilty of being a principle in the first degree. A familiar example would be the person who actually fires the gun that results in the death of a homicide victim. Anyone who forces an innocent party to commit a crime is also considered a principle in the first degree.

Principle in the Second Degree
Anyone who is at the crime scene and knowingly helps a principle in the first degree in the commission of a crime is classified as a principle in the second degree. Someone who stands guard outside the entrance to a store while the principle in the first degree robs a clerk would be considered a principle in the second degree.

Accessory Before the Fact
An accessory before a crime is someone who was not at the crime scene but intentionally helped the first or second principles commit the crime. A person who knowingly supplies a gun for the purpose of committing a murder or robbery would be guilty of being an accessory before the fact.

Accessory After the Fact
Unlike an accessory before the commission of a crime, an accessory after the fact is someone who purposely helps the principles avoid arrest and conviction. If someone knowingly hid a gun that was used in a murder or robbery, they would be guilty of being an accessory after the fact. The same would be true if someone intentionally provided a hiding place for the culprits.

Guilt or Innocence
A person must knowingly serve in the role of an accomplice to be guilty of accomplice liability. If a murderer spends the night with a friend after committing a homicide, the accommodating friend would only be guilty of being an accessory after the fact if they knew that the crime had been committed.

If you encouraged or helped someone commit a crime, you are in jeopardy of being charged with that crime. Even if your role was quite small, an experienced criminal law attorney will be required to protect your legal rights and minimize the charges against you. A criminal defense attorney can also be useful if you have been improperly charged with being an accomplice in the commission of a crime.

March 12, 2013

March 12, 2013July 3, 2023 By dmcantor Blog

Arizona DUI Defense Strategies: DUI Defenses that work

A DUI conviction in Arizona can potentially lead to loss of employment, loss of driving privileges and a significant increase in how much you pay for automobile insurance. Fortunately, professional Arizona DUI defense attorneys with extensive experience in representing individuals charged with DUI know a variety of legal and effective defense strategies that may result in a reduction of the charges or dismissal of all charges. The cost of a DUI defense attorney will be more than made up if the case is reduced or the charges dismissed. Trust us, you really want to avoid the current and future consequences of a DUI conviction.

The “No Reasonable Suspicion to Stop” DUI Defense

In Arizona, law enforcement cannot detain or stop a person based on his her age, religious preference, race, gender or any other reasons that could be considered discriminatory or legally invalid. If a police officer stops you for DUI without providing evidence that supports this type of investigatory detention, i.e., evidence that can prove the person being detained is engaging in criminal activity, then the stop is considered unconstitutional and illegal.

The “No Actual Physical Control” DUI Defense

If an officer finds someone behind the wheel of a running car who is intoxicated but not driving the vehicle because he or she has pulled over due to being drunk, that officer cannot arrest the person for DUI. In Arizona, this scenario legally indicates someone who is not physically controlling the car and therefore is not considered to be “driving while intoxicated”.

The “No Probable Cause for Arrest” DUI Defense

This particular DUI defense is used for individuals who were given improperly administered field sobriety tests, or FSTs. Guidelines provided by the National Highway Traffic Safety Administration state that DUI suspects should not be asked to take FSTs when:

The person is overweight (more than 50 pounds)
The person is over 65 years of age
The person has ankle, hip, knee, back or leg injuries that affect the validity of the test
The person has additional disabilities that may affect his or her balance
The person’s shoes have heels over two inches high

DUI suspects should also be aware that refusing to take an FST is completely within their rights, regardless of what law enforcement may say about refusing the test.

The “Denial of Right to Counsel” Defense

When applicable, an experienced DUI defense attorney may prove that a suspect was denied the right to counsel due to police ignoring the suspect’s request to talk to counsel or because police waited too long to provide the suspect with access to counsel without reasonable cause. Successful use of this defense is grounds for dismissal of a DUI case.

The “Inaccuracy of the Breath or Blood Testing Device” Defense

Arizona’s Department of Health Services establishes guidelines that police are expected to follow concerning regular maintenance and calibration of breath-testing tools. Defense attorneys can investigate the validity of maintenance checks to determine whether a suspect’s breath test was given by an uncalibrated breath device and possibly have the case thrown out of court.

Having a knowledgeable and experienced DUI defense attorney on your side if you are arrested for DUI can make all the difference in Arizona, between suffering the consequences of a conviction or possibly having the charges reduced or even dismissed entirely.

If you would like to schedule a free consultation to speak with a DUI defense lawyer about any of the defenses listed on this page, please call us 24 hours a day at (602) 307-0808. You can also send us a confidential email by using our secure form. If you have been charged with an Aggravated DUI in Arizona or an Extreme DUI in Arizona, please refer to those pages for specific information about those charges.

Our team of lawyers have successfully defended DUI cases in Scottsdale, Tempe, Mesa, Gilbert, Chandler, in addition to Phoenix and the rest of the State of Arizona.

March 8, 2013

March 8, 2013November 17, 2023 By dmcantor Blog

DUI/DWIs and the Presence of Minor Children

The number of DUI offenders arrested with minors present in the vehicles is astounding. News stories in the United States are filled with such occurrences. A DUI arrest is a sad event for any child to witness, but subjecting them to such a possibility in the first place is even worse. If you intend to drink, do so responsibly, especially if children are present. And if you choose to drive after consuming any amount of alcohol, do not bring your kids, grandkids, or other children along for the ride.

DUI in Arizona with Kids in the Car:

Risks

First of all, drunk driving subjects children to unnecessary danger, as well as potential trauma from having witnessed the resulting consequences, including an accident and/or arrest. Second of all, anytime you get behind the wheel of a vehicle after having had too much to drink, you run the likely risk of being pulled over and charged with a DWI. The punishments for such offenses are harsh enough, and if there are minors present in your vehicle at the time of your arrest, those consequences only worsen. The dangers of drunk driving, as well as the consequences of drunk driving with a minor in the car should be enough to make you think twice before consuming any amount of alcohol and then loading the kids into the car for even a short ride.

Consequences

In Arizona, a DUI with kinds in the car is considered to be an Aggravated DUI charge. The mandatory prison time in Arizona for an Aggravated DUI charge is 4 months in prison and loss of your driver’s license for at least 3 years including Alcohol and Screening classes. The State of Arizona takes these DUI offenses very serious and the penalties reflect this view.

For example in New York State if you are charged with a DWI in Rochester, NY, you are subject to New York State laws, you face higher fines and a potentially lengthier incarceration period if a child under the age of 16 is present in the vehicle at the time of the offense. While you might only receive a few days in jail or a fine of just $1000 or so with a normal (non-repeat) DWI offense, if you’re found guilty of a DWI while a minor was present in the car, you can face up to four years in prison and $5,000 or more in fines. The bottom line? Avoid drinking and driving at all costs, but if you do drive after drinking, leave the kids out of the equation.

Guest Post provided by Rochester DWI Attorneys:

If you have been charged with a Rochester DWI, do not walk into court alone and attempt to defend yourself. Let qualified Rochester DWI lawyers review your case and defend you in court, whether you had a minor in the vehicle at the time of your offense or not.

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