December 4, 2004

December 4, 2004 By dmcantor 1200 Dismissed at Trial, 1A DUI / Vehicular Crime Jury Trial - Dismissed, 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. F (DMC No. 4908)

DISMISSED at JURY TRIAL | DUI (.070 BAC) – State v. Mr. F. (DMC No. 4908) (Phoenix City Court 3040345) [December 4, 2004]: Mr. F. was observed driving 85 to 90 mph, when he was weaving in and out of traffic and slammed on his brakes. A fully marked DUI van almost rear ended Mr. F. as they were “pacing” him. He was subsequently arrested for DUI and provided a .070 BAC. At trial, as jury selection was nearing an end, the Prosecutor realized that it did not look favorable and dismissed all charges.

August 11, 2004

August 11, 2004 By dmcantor 113 Sex Crime Pre-Charge Victories, 21 Sex Crime Pre-Charge Victories, 23A Child Molestation/Sexual Conduct with a Minor Pre-Charge Victories, 300 Sex Crime Victories, 900 Pre-Charge Case Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr B (DMC No. 4109)

NOT CHARGED | SEXUAL MISCONDUCT WITH MINOR / CHILD MOLESTATION – In 2001, Mr. B was accused by his adopted daughter of molesting her. We were able to show that the adopted daughter was using methamphetamine and was seeking to garner money out of Mr. B, while also siding with her mom in a custody dispute. By interviewing her older sister, we were able to show that she had made up the allegations, and the Prosecutor agreed to dismiss the most serious charges (which carried a mandatory minimum of 65 years in prison), and plead Mr. B to a Furnishing Harmful Materials to a Minor. He was subsequently placed on probation and did 2 days in jail

Maricopa County Superior Court No CR2003-XXXXXX

August 2, 2004

August 2, 2004 By dmcantor 16 Miscellaneous Vehicular Crimes Victories, 200 DUI / Vehicular Crime Victories, Case Victories

State v. Ms. C (DMC No. 8045)

Ms. C. was traveling on the freeway when she was attempting to exit on an off ramp where 2 lanes merged into 1. When she suddenly realized that the 2 lanes were merging she sped up and passed on the right hand shoulder of the roadway. A DPS Officer on a motorcycle saw this, and cited her for Criminal Overtaking on the Right per Arizona Revised Statute ARS 28-724(A). Because Ms. C. had a Commercial Driver’s License, it was very important that she did not have any criminal driving convictions on her record. We were able to explain the situation to the Prosecutor, and he agreed to reduced the ticket to a simple civil violation of Unsafe Lane Usage under Arizona Revised Statute ARS 28-729.1.

July 13, 2004

July 13, 2004February 8, 2023 By dmcantor 1 DUI / Vehicular Crime Jury Trial Complete Acquittals, 1000 Complete Jury Trial Acquittals / All Criminal Charges, 200 DUI / Vehicular Crime Victories, Case Victories, Jury Trial Victories

State v. Mr. P (DMC No. 4541)

COMPLETE ACQUITTAL at JURY TRIAL/NOT GUILTY: EXTREME DUI (.179 BAC), DUI & DWI – State v. Mr. P (DMC No. 4541) (Phoenix City Court No. 3029827): Phoenix Police Officers claim that they saw Mr. P at 24^th Street and Thomas Road in Phoenix, Arizona when he exited a private drive and forced another car to swerve and slam on its brakes. The Officers rendition differed from those of another officer that was at the scene. After Mr. P was pulled over, he was given a Breath Test which revealed a .179 BAC. He was then arrested and cited for DUI. Just prior to Jury Trial, we had filed Motions arguing that the Breath Testing device did not have satisfactory calibration records. The State was forced to dismiss the Extreme DWI and DWI charges, and preceded to the Jury on the DUI charge only. At Trial, we were able to show enough discrepancies in the evidence, which resulted in a verdict of “Not Guilty” being returned on all remaining charges.

July 9, 2004

July 9, 2004 By dmcantor 16 Miscellaneous Vehicular Crimes Victories, 200 DUI / Vehicular Crime Victories, Case Victories, Tempe City Court / Tempe Municipal Court Victories

State v. Mr. S (DMC No. 7941)

Mr. S was seen driving 55 in a 45 mile per hour zone near Kyrene Road and Guadalupe Road in Tempe, Arizona. He was pulled over and it was discovered that the license plate on his car belonged to a Toyota pickup truck which Mr. S owned. Mr. S admitted that he had bought the vehicle the day before from a guy who lived in Pennsylvania. He said it did not pass emissions, so he put his other license plate (from a second car he owned) on the vehicle. We were able to show the Prosecutor that there is a rule which allows 3 day grace period for driving a vehicle between the purchase date and registration date in order to allow it to be taken to emissions. The Prosecutor agreed, and dismissed the charge of Fictitious License Plate under Arizona Revised Statute ARS 28-2531(B)(1).

September 3, 2003

September 3, 2003 By dmcantor 100 Miscellaneous Crimes Victories, 1400 Appeal/Post Conviction Relief/Habeas Corpus Victories, Case Victories

State v. Ms. A (DMC No. 9335)

In the 1990’s Ms. A had various convictions in California due to her then drug addiction. Approximately 19 years had passed since the last conviction, and she had turned her life around and had put herself through College to become a Medical Technician. She needed to have a “Fingerprint Clearance Card” from the Arizona Department of Public Safety (DPS) in order to go to Nursing School and become a Nurse. Initially, the Arizona Board of Fingerprinting denied her request for the card. We appealed that decision, and the board agreed that she was now deserving of a “good cause exception”. Ms. A went on to earn her Nursing Degree, and is now a successfully employed Nurse.

August 22, 2003

August 22, 2003 By dmcantor 1600 Probation Violation Victories, 1800 Sentence Modification Victories, 2100 Superior Court Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. D (DMC No. 4442)

PROBATION VIOLATION DISMISSED and MOTION to DESIGNATE MISDEMEANOR GRANTED/THEFT – State v. Mr. D. (DMC No. 4442) (Maricopa County Superior Court CR2001-000921C): Mr. D. had plead guilty to felony theft and was sentenced to 2 years of supervised probation. In the courts minute entry, they put “3 years” on that sentencing document in error. A Petition to Revoke his probation was subsequently filed, and we were able to go back into the court transcripts and show that the court had made an error as to the length of Mr. D.’s probation. Not only was the Petitioner Revoked dismissed outright, but we also successfully moved to designate his felony conviction as a misdemeanor.

August 2, 2003

August 2, 2003 By dmcantor 16 Miscellaneous Vehicular Crimes Victories, 200 DUI / Vehicular Crime Victories, Case Victories

State v. Mr. C (DMC No. 8036)

Mr. C was captured on photo radar traveling more than 11 miles per hour over the speed limit in the town of Paradise Valley. He was subsequently charged with Speeding per Arizona Revised Statute ARS 28-701A. We went into court and argued that Mr. C could not be identified in the ticket without him actually being present or without the Prosecutor having a witness to identify him. The Prosecutor agreed, and reduced the charge to a “No Points” Ticket of Waste of a Finite Resource under Arizona Revised Statute ARS 28-702.01(A).

June 2, 2003

June 2, 2003 By dmcantor 16 Miscellaneous Vehicular Crimes Victories, 200 DUI / Vehicular Crime Victories, Case Victories, Mesa City Court / Mesa Municipal Court Victories

State v. Mr. O. (DMC No. 6239)

Mr. O was driving a commercial truck which had a heavy loader improperly secured on the flatbed. He was then pulled over and written numerous tickets under Arizona Revised Statute ARS 13-5204. The code violations included No Log Book under 395.(8)(A); a Fuel Line Violation under 393.65(F); Improper Chains on Load under 393.130(C); Defective Brake Warning Device under 393.51; Brakes Out of Adjustment under 396.3(A)(1); and Unsafe Operation of a Vehicle under 396.7. If Mr. O had been held responsible for all of these violations, it would have caused him thousands of dollars and the loss of his Commercial Driver’s License. By reducing all charges to 1 Count of Unsafe Operation, he paid a small fine and kept his driving privileges.

March 11, 2003

March 11, 2003 By dmcantor 1100 Partial Jury Trial Acquittals, 2100 Superior Court Victories, 50 Assault/Violent Crime Jury Trial Victories, 500 Assault / Violent Crime Victories, Case Victories, Jury Trial Victories, Maricopa County Superior Court Victories

State vs. Mr. M (DMC No. 3602)

Not Guilty | (DMC No. 3602) (Maricopa County Superior Court No. CR2002-097294): Mr. M had a history of psychological problems and post traumatic stress disorder. He had previously been convicted of aggravated burglary; aggravated assault with a weapon; and aggravated assault on a police officer in three different jurisdictions. He had spent over 4 years in jail prior to being charged in Arizona. In Arizona, he was undergoing a psychotic episode and had drunk 14 wine coolers. He had gotten into an argument with his girlfriend and caused damage in a motel before moving on to a local convenient store. He then assaulted several patrons at the convenient store when the police arrived. It took three officers to arrest him and haul him with restraints. They claimed he was kicking, biting and spitting at them. He subsequently was charged with felony aggravated assault on a police officer, misdemeanor criminal damage and misdemeanor disorderly conduct. After a 3 day trial, the jury hung on the felony charge, and it was subsequently dismissed. As to the two misdemeanor charges, Mr. M. received minor jail time only. He was originally facing a possible 10 years in prison before we represented him.

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