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February 2, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Case Victories, Ironwood Justice Court Victories

State v. Mr. G. (DMC No. 4483)

DUI (.126 BAC) REDUCED to RECKLESS DRIVING with ZERO DAYS in JAIL – State v. Mr. G. (DMC No. 4483) (Ironwood Justice Court TR03-00047CR): Mr. G. was driving east on Interstate 8 at Mile Post 92 in Gila Bend, Arizona when he was pulled over by a DPS Officer for allegedly speeding.  The officer estimated Mr. G. was travelling 100 mph.  The officer also smelled an odor of alcohol and Mr. G. admitted to drinking.  Once at the station, Mr. G. provided a breath sample which revealed a .126 BAC.  We were able to obtain the machines maintenance records and had found out that particular device had been having problems.  Due to potential issues, the Prosecutor agreed to dismiss the DUI charge in exchange for Reckless Driving with zero days in jail.

February 2, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, 911 Tempe DUI Wins, Case Victories, City Court Victories, Tempe City Court / Tempe Municipal Court Victories

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

REDUCED | DUI (.121 BAC) (Tempe City Court No.: 03-624342-1CR): Mr. I. was stopped because he was seen driving his car and weaving into the bicycle lane. After field sobriety tests he was arrested, he provided a breath BAC of .121. We filed a motion based upon no reasonable suspicion to stop, and prior to any evidentiary hearing Mr. I. was offered a reckless driving with zero days in jail.

February 2, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Casa Grande City Court Victories, Case Victories

State v. Ms. J. (DMC No. 5291)

REDUCED | DUI (.121 BAC) – State v. Ms. J. (DMC No. 5291) (Casa Grande City Court TR2004-003454): REDUCED to RECKLESS DRIVING with ZERO DAYS in JAIL Ms. J. was seen travelling north bound on Pinal Avenue and turning onto Cottonwood Road in Casa Grande, Arizona when she allegedly straddled the lane divider.  She was pulled over by officers and processed for a DUI.  While she was at the station she asked for a lawyer, and was also told that if she did not take the blood tests she would be “taken downtown” and would lose her license.  Based on the issues of an Unreasonable Stop, Denial of Right to Counsel and Coerced Tests, we were able to convince the Prosecutor to dismiss the DUI in exchange for a Reckless Driving with zero days in jail.

 

 

February 2, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, 903 Gilbert DUI Wins, Case Victories, City Court Victories, Gilbert City Court / Gilbert Municipal Court Victories

State v. Ms. T. (DMC No.)

REDUCED | DUI (.120 BAC) (Gilbert City Court No.: 200301084CR): Ms. T. was stopped for allegedly proceeding to make a right, and then slamming on her brakes prior to the turn. She was subsequently stopped for DUI and provided a breath sample which revealed a .120 BAC. Due to the fact that there was no independent sample given to her, and there was a bad calibration check on the breath testing device, we were able to obtain a plea to reckless driving with zero days in jail.

February 1, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Case Victories, Desert Ridge Justice Court Victories

State v. Mr. V. (DMC No. 10895)

DUI (.112 BAC) REDUCED to RECKLESS DRIVING with ZERO DAYS in JAIL – State v. Mr. V. (DMC No. 10895) (Desert Ridge Justice Court TR2012-109639): Mr. V. was pulled over at Perimeter and Princess Road’s in Scottsdale for allegedly straddling the lane marker.  Once an odor of alcohol was detected by the officers, Mr. V. was put through various field sobriety tests and arrested.  While at the station, Mr. V. declined to do any breath testing.  The officer then told him that he “needed to do the breath test”, and Mr. V. felt pressured.  He ultimately provided a .112 BAC.  We were able to file Motions based on “Coerced Test” and possible Unreasonable Stop issue. The Prosecutor then agreed to dismiss the DUI in exchange for a plea to Reckless Driving with zero days in jail.

February 1, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Case Victories, North Valley Justice Court Victories

State v. Ms. C. (DMC No.)

(North Valley Justice Court No. TR2006148270CR): Ms. C. was stopped for traveling at a slow rate of speed while on the I-17. She was subsequently arrested and breath test results of .110 and .107 were obtained. Because one of the officer said that she was “found sleeping behind the wheel of his vehicle”, the other officer said he was actually driving, we were able to get the case plead down to Reckless Driving and get the DUI dismissed.

February 1, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Case Victories, Justice Court Victories, San Marcos Justice Court Victories

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

(San Marcos Justice Court No. TR06-51320CR): Mr. C. was seen coming off the westbound exit ramp on the 101 at Elliott. The officer claimed he drifted over the fog line and then accelerated to 75 mph in a 60 mph zone. He was subsequently stopped and arrested for DUI. He provided a breath sample of .110. We were able to show that there may have been no reasonable suspicion to stop, and that the problem with Mr. C.’s Field Sobriety Tests had to do with a previous head injury he had received. We were then able to convince the prosecutor to dismiss the DUI and reduce the case to a Reckless Driving charge with zero days in jail.

February 1, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, 909 Scottsdale DUI Wins, Case Victories, City Court Victories, Scottsdale City Court Victories

State v. Mr. W (DMC No.)

REDUCED | DUI (.109 BAC) (200209947CR): Mr. W. was stopped by Scottsdale Police who claimed he was speeding. During the DUI investigation, he provided a blood sample which produced a .109 BAC. On the day of trial, we convinced the prosecutor that the jury pool looked favorable to our client. At the time, the State buckled and offered a plea to Reckless Driving with zero days in jail.

February 1, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, 911 Tempe DUI Wins, Case Victories, City Court Victories, Tempe City Court / Tempe Municipal Court Victories

State V. Mr. L. (DMC No. 9883)

REDUCED | DUI (.109 BAC) (DMC No. 9883) (Tempe City Court No. 10-046577-2): Mr. L. was stopped for weaving within his own lane, and then weaving about 1 foot outside of his lane. After the DUI investigation, he provided a blood test of .109. We then filed a motion to dismiss for lack of reasonable suspicion to stop, and the prosecutor agreed that if Mr. L. completed alcohol treatment classes, he would dismiss the DUI in exchange for a Reckless Driving charge. No jail was involved.

February 1, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Case Victories

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

REDUCED | DUI (.109 BAC) (0205287CR): Mr. C. was stopped for making a wide left turn. During the DUI investigation he provided a .109 breath sample to the Sheriff’s Deputy. After we filed a Motion to Dismiss for Lack of Reasonable Suspicion to Stop, the State offered a plea to Reckless Driving with zero days in jail.

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