December 6, 2019

December 6, 2019 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, Prescott City Court Victories

State v. Mr. B (DMC No. 16066)

Not Guilty/Complete Acquittal at Jury Trial – DUI & DWI ( .109 BAC) – State v. Mr. B (DMC No. 16066) – Dec 6, 2019 – Prescott City Court (Case No. TR2018-000345): Mr. B was seen in the city of Prescott leaving a local beer festival. The officer claimed that Mr. B failed to stop at a stop sign while traveling north on Mount Vernon Street. Once he was stopped, the officer smelled an odor of alcohol and a DUI investigation ensued. Mr. B was subsequently arrested and taken to the police station.

Once he was there, he was given a breath test which showed .087 blood alcohol concentration and a blood test that showed his blood alcohol concentration was .101. At trial, we were able to suppress the Intoxilyzer reading due to the device being taken out of service for an unknown reason. The police could not explain in the maintenance logs why that machine had to be removed, and the judge suppressed the evidence of the two breath tests. As to the blood test, the temperature storage record was not produced at trial, which raised doubts as to the validity of the blood reading. In addition, the auto-pipettor pulled more than 100 microliters, which had the potential to artificially inflate Mr. B’s reading. Lastly, Mr. B performed extremely well on the officer’s body camera video, and it showed that the officer was not being truthful when he was testifying. The jury came back with a Complete Acquittal on all charges.

November 5, 2019

November 5, 2019 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, West Mesa Justice Court Victories

State v. Ms. D. (DMC No. 15986)

Not Guilty/Complete Acquittal at Jury Trial – Super Extreme DWI (.224 BAC), Extreme DWI, DUI and DWI – State v. Ms. D (DMC No. 15986) – Nov 5, 2019 – West Mesa Justice Court (Case No. TR2018-161434): Ms. D had been at work, at a local hotel, speaking with a co-worker whose dog had recently drowned in a swimming pool. While they were talking they decided to have a couple glasses of wine after work. On her way home at the 101 and McDowell, she was pulled over by a DPS Officer. The Officer smelled alcohol and subsequently put her through various Field Sobriety Tests and arrested her.

When she arrived at the station, she was asked to provide a sample of blood. That blood sample came back with a .224 BAC. During Jury Trial, the Prosecutor failed to illicit the exact time of the stop during the Officer’s testimony. After the State rested, we made a Motion to Suppress the blood alcohol reading because there was no proof that the blood was drawn within two hours of actually driving. The Judge agreed with our Directed Verdict motion and entered a verdict of Not Guilty on the Super Extreme DWI, the Extreme DWI and the DWI. After the defense trial was put on regarding the remaining charge of DWI, the jury returned a verdict of Not Guilty on that charge also. At that point, the Judge even entered a finding of Not Responsible for the original swerving ticket that Ms. D was cited with. This resulted in a Complete Acquittal of all criminal charges and a Dismissal of the only civil charge that was remaining.

October 20, 2019

October 20, 2019August 31, 2024 By dmcantor Blog

What are Fraudulent Schemes in Arizona?

ARS 13-2310 – Fraudulent Schemes

In the Phoenix area or anywhere else in the state of Arizona, as per ARS 13-2310, the crime of fraudulent schemes is committed when an individual creates a scheme or artifice to defraud, which involves the attempt to defraud knowingly and when they receive a benefit as a result. A scheme or artifice to defraud means that a person intended to gain an unfair benefit or that another person was deprived of the right of honest services. For a defendant to be convicted of this crime, it is not necessary that the individual who was defrauded actually relied on said fraud.

Here is a short video where David Cantor explains Fraudulent Schemes in Arizona:

Punishment for Fraudulent Schemes (ARS 13-2310) Conviction

If you are convicted of a first offense fraudulent scheme, it is considered a class 2 felony. The punishment for such a conviction includes probation with zero days to up to one year in jail or a prison sentence ranging anywhere from three to 12.5 years. With one prior conviction, the prison only term ranges from four and one half to 23.25 years of incarceration. If the individual has two prior convictions, the prison sentence can range anywhere from 10.5 to 35 years of time served.

If the monetary amount the individual received is $100,000 or greater, they would not receive probation and the punishment of prison is instituted. However, a skilled defense attorney would strive to get you the minimum sentence instead of the maximum.

State Bar of Arizona Certified DUI Specialists DM Cantor, Fraudulent Schemes ARS 13-2310 Top Fraudulent Schemes Lawyer

Defenses to Fraudulent Schemes in Arizona

There are several different tactics a skilled defense attorney can take toward defending an individual who is charged with the crime of fraudulent schemes in Arizona. Generally speaking, the key to a successful defense involves the lawyer showing that the defendant never meant to defraud anyone and did not knowingly do so. To accomplish this, the attorney must present evidence that shows that the individual never created a scheme or artifice to obtain a benefit in a fraudulent manner from another person. In addition, it has to be proven that any benefit the defendant did receive was either through the consent of the so called victim or via mutual understanding between the two individuals.

A third option is to prove that the defendant never actually received any benefit. Many times, a person may be accused of fraudulent schemes by a dishonest employer. For example, a person may be informed that they can pay for personal expenses with company checks as a bonus and that the employer can write it off on taxes. However, when or if the employment relationship sours or there are tax issues, the employer turns around and accuses the employee of embezzlement.

Other possible defenses include violation of Miranda rights where an individual was not read their rights when arrested, denial of right to counsel, meaning the individual asked to speak to an attorney but was not granted that right, that the police coerced them to falsely confess and forensic flaws during the investigation.

If you have been suspected of Fraudulent Schemes (ARS 13-2310) in Arizona and would like to speak with an attorney, please give us a call at (602) 307-0808 to schedule a free consultation. If you would like, you can also send us an email and we’ll contact you back as soon as possible. We look forward to hearing from you soon.

October 18, 2019

October 18, 2019September 3, 2020 By dmcantor Blog

Charged for DUI Drugs as a Medical Marijuana Card Holder in Arizona

Even though recreational possession and use of marijuana remains illegal in Arizona, it has been legalized in the neighboring states of California, Nevada, and Colorado. The possession and use of marijuana for medical purposes in Arizona is perfectly legal though for patients who qualify and are approved for it. What comes to issue for medical marijuana patients are Arizona’s impaired driving laws. It’s illegal to drive impaired in the state when under the influence of marijuana. A conviction is equivalent in seriousness as driving under the influence of alcohol.

Marijuana and Driving Under the Influence Laws

As per ARS 28-1381 (A)(3), a driver could be found guilty of DUI Drugs if he or she is determined to have been driving or was in actual physical control of a vehicle and was “impaired to the slightest degree” by any drug or its metabolite. That’s equivalent to a “zero tolerance” law. Under ARS section 13-3401, the definition of drugs includes marijuana. As per the Arizona Supreme Court, actual physical control is defined as having “current or imminent control” over the vehicle and presenting a “real danger” to yourself or the public. Current or imminent control over a motor vehicle is determined by a totality of the facts and circumstances surrounding a case.

Supreme Court of Arizona v. Hon. Harris (Shilgevorkyn) Case

On December 11, 2010, at about 10:30 p.m., Hrach Shilgevorkyn was stopped by the Maricopa County Sheriff’s Department for allegedly speeding and making an illegal lane change. Police believed that Shilgevorkyan might have been impaired, and he was asked to perform a series of field sobriety tests. After performing the tests, Shilgevorkyan said that he had smoked “weed” the night before. He was not using it for medical purposes. He was asked to submit to blood tests which he voluntarily submitted to shortly after midnight. It was determined that carboxy-tetrahydrocannabinol (carboxy-THC) was in his blood sample. Our criminal defense attorney from DM Cantor represented Shilgevorkyan against these dui charges. What the case turned on was whether Carboxy-THC was an impairing metabolite. In a four to one decision, the Arizona Supreme Court determined that it was not. Here is a summary of the court’s decision and rationale. It focused on the interpretation of section 28-1381(A)(3).

Click Here to Read Full Article

October 16, 2019

October 16, 2019 By dmcantor Blog

Charged with Possession of Another Person’s Prescription Drug

Drug possession charges often carry stiff penalties. Even being in possession of another person’s prescription drugs can result in felony charges. In Arizona, the penalty for drug possession depends on the type and amount of the drug found on a person as well as the individuals past criminal history. An experienced criminal defense attorney can mount several defenses to Below are some common charges that can result from being in possession of prescription drugs:

Potential charges relating to possession of a prescription-only drug in Arizona

Unlawful possession of a prescription-only drug

Individuals may be convicted of unlawful possession of a prescription-only drug when they knowingly possess prescription-only drugs belonging to another person, including friends and family members. In order to be convicted of unlawful drug possession, the state must prove both that the accused knowingly possessed the drug and that the accused knew that the drug was a prescription-only drug.

The penalties for possessing a prescription-only drug are relatively mild compared to other drug charges. Unlawfully possessing a prescription-only drug is a misdemeanor and carries with it a sentence up to six months in jail, potentially up to $4,575 in fines and penalties, and three years on probation.

Possession or use of a dangerous drug

“Dangerous drugs” are defined as any narcotic other than marijuana and include certain prescription drugs, such as Oxycontin, Percocet, Vicodin and benzodiazapines. Although the elements of the crime are similar to the unlawful prescription-only drugs, possession or use of a dangerous drug carries with it a much more stringent penalty. The crime is a class 4 felony and is punishable by up to fifteen years in prison, depending on the defendant’s prior criminal history.

Judges have the authority to sentence defendants convicted of dangerous drug possession as a class 1 misdemeanor. Further, pursuant to Proposition 200, defendants who are first or second-time drug offenders can only be sentenced to probation, in a addition to drug treatment, community service and fines. Although defendants may be sentenced for short jail stays for up to 2 weeks for probation violations, the judge must reinstate probation upon completion of jail time.
Click Here to Read Full Article…

October 14, 2019

October 14, 2019September 3, 2020 By dmcantor Blog

What are some Causes of False Positives for DUI Breathalyzer Tests

We have all been there with that unsettling feeling that you get when you see the flashing lights in your rearview mirror and hear a patrol car’s siren coming upon you. However, what happens next can be life changing. If that officer asks you to take a breathalyzer test, the results can have a monumental effect on your life, liberty and freedom. Failing a breathalyzer test means that you are over the legal limit for your blood alcohol content (BAC) and criminal prosecution will ensue. The following talks about the accuracy of breathalyzer tests and your defense against these seemingly infallible results.

What is a false positive breathalyzer test?

While most prosecutors and law enforcement officials would have you believe that the results of a breathalyzer test are infallible, that is a bit of a stretch on the truth. Generally, breathalyzer tests are only accurate approximately 40% of the time. Factor into that statistic that the testing equipment itself has an inherent margin of error between .005 and .02% in its BAC readings. Taken into consideration, these various characteristics can lead to a false positive reading by a breathalyzer test. That false positive reading means that you will be charged with driving under the influence (DUI), a very serious crime which can have wide ranging implications on your daily life.

Appropriate and qualified administration of a breathalyzer test

The appropriateness and administration of a breathalyzer test is a very important factor in determining what your true BAC actually is. In terms of appropriateness, timing makes all the difference. One instance of timing making a difference is with your blood alcohol being “on the rise.” This rising occurs because it can take anywhere between fifty (50) minutes to three (3) hours for your system to fully absorb any alcohol that you may have imbibed. Thus, your blood alcohol level could have been within the legal limit while driving, but between the time you were stopped and the test administered, your BAC could have risen just enough to put you over the legal limit.

September 16, 2019

September 16, 2019January 12, 2021 By dmcantor Blog

Arizona DUI Defense – Blood Test Inaccuracies for 2021

How to Defend against a DUI Charge in Arizona: 5 Ways Blood Tests Can Be Inaccurate

In Arizona, drivers may be charged with a DUI if their blood alcohol content is 0.08% or higher. Blood tests are widely accepted as being the most accurate way of determining blood alcohol concentration in drivers suspected of DUIs and are often the only objective evidence of a defendant’s guilt, making the validity of the test a central question in a DUI trial.

According to Stanford University, the effects of BAC levels can vary from person to person, male or female, slender or heavier; even medication can play a significant role on the blood alcohol readings. Stanford has published a BAC Graph showing the levels of blood alcohol.

Contrary to popular belief, blood tests are not always conclusive in proving that a driver’s blood alcohol content was above the legal limit. As explained below, many factors affect the accuracy of blood test results.

If your case involved the taking of blood or urine during your DUI arrest, you will need to wait and see if your BAC results come back at a reading of .08% or greater. This process can take between one (1) and six (6) months for your results to return. In the event your BAC readings are above a .08% the officer will send a suspension of driving privileges to the Arizona MVD office. You will then be notified with a “Corrective Action Notice” (i.e., notice of suspension). As soon as you receive this from the DMV, speak to our certified Phoenix DUI Specialist immediately so we can start the DUI Defense process and request a hearing on your behalf. This hearing request needs to be done within fifteen (15) days of the date of that suspension notice.

How can blood alcohol test results be challenged?

Below are 5 common categories of problems that may lead to the dismissal of DUI charges against defendants who have undergone blood alcohol testing:

Click Here to Read Full Article…

September 14, 2019

September 14, 2019August 31, 2024 By dmcantor Blog

Can you get a DUI on a Horse or a DUI on a Bike?

David Cantor explains if you can get a DUI on a bike in Arizona in this short video:

If you have a question for a lawyer please call 602-307-0808 24/7 or click here to fill out our contact form.

DUI on a Bike

A lot of people think that DUI arrests and charges are only made for people who are driving under the influence in vehicles like cars, trucks and motorbikes and not a DUI on a Bike. In Arizona it is not possible to get a DUI on a bike or horse. It is possible to get a DUI on a Bike that is motorized (whizzer). But the truth is that it is always possible to get a citation other than DUI for being intoxicated even if you are riding a bicycle or even a horse. As bizarre as that sounds, it’s true because riding a bike or a horse when your senses are impaired can put you or somebody else on the road in harm’s way.

However, whether you or someone else gets pulled over for driving under the influence will depend largely on how the state’s law defines a ‘vehicle’; some of them may include a car, minivan, SUV, truck, motorbikes and other vehicles that run on motor engines. Other states will define a ‘vehicle’ to include other things like bicycles, horses and scooters as well.

In case you have been charged with a DUI , then you can always challenge your charges in court based on these definitions. Your lawyer can argue that a horse is not a motor vehicle and if the definition of a vehicle in the state is sufficiently ambiguous, the court will not entertain your case. Look for the word motor in the ‘vehicle’ definition because if the presence of motor is mandatory then you need not worry because both horses and bicycles don’t have motors (obviously).

However, certain regions or states may have laws that specifically include targeted cyclists and drunk drivers in which it might be a bit difficult to defend yourself. Even so, the punishments and fines for DUI on a horse or bike will be different; your license may not get suspended and your fines may not be as high as that for a DUI on a motor vehicle.

Some police officers might give you a citation for disturbing public peace, reckless behavior or public intoxication in places where arrest for DUI on a horse or bike is illegal. All of this might sound extremely weird and harsh, but the main focus of law enforcement agencies is to protect public safety from all perspectives. This is because a drunk horse rider or bike rider could get in the way of the road traffic or could injure the animal itself which can become a case for animal endangerment.

If you are caught by an officer riding a horse or bike while intoxicated, then you will be expected to undergo a breathalyzer test and failure will lead you to get a citation or license revocation or even fines and community service.

Board Certified Criminal Law Specialization

As of the start of 2023, the State Bar of Arizona Board of Legal Specialization listed only 56 Criminal Law Specialists in the entire state. Of these 56, only 39 are located in Maricopa County and are allowed to handle private cases.

DM Cantor has 3 Criminal Law Specialists, the most of any firm in Arizona. When defending DUI allegations, it is critical to have as many Specialists on your legal team as is possible.

The specialization process is so rigorous that only 23 current Criminal Law Specialists were certified in the last 20 years. In addition, all specialists must be approved for re-certification every 5 years.

At DM Cantor, our Specialists have conducted Jury Trials on countless DUI cases.

Every case defended by DM Cantor includes at least 1 Board Certified Criminal Law Specialist on the legal team who is directly handling or supervising the case’s progress.

We wouldn’t have it any other way.

Contact Us

If you have questions regarding DUI Defense in Arizona , please call our offices at (602) 307-0808 to schedule your free consultation .

September 12, 2019

September 12, 2019September 3, 2020 By dmcantor Blog

What is a DUI with Drugs in Arizona?

There has been a large increase of DUI for drug cases over the last decade in the State of Arizona. Even if you aren’t under the influence of alcohol while operating your vehicle, you can still be charged with a DUI (Driving under the influence) if you are under the influence of drugs or controlled substances. If you’re convicted of the DUI drug case, serious consequences will most likely occur but there are many ways that an attorney can fight these cases.

So what is a DUI with Drugs charge? Under the Arizona Revised Statutes 28-1381, the law states that if an individual is driving or is in actual physical control of a vehicle “while under the influence of any drug, vapor releasing substance containing a toxic substance, and any combination of alcohol and drugs and they are impaired to the slightest degree” or “If any controlled substance is found in their body” they may be convicted with a drug DUI offense.

Some of the most common types of drugs defined that may result in a drug DUI charge are marijuana, cocaine, methamphetamines, amphetamines, nitrous oxide, psilocybin mushrooms, ecstasy, or opiates such as, hydrocodone, oxycodone, codeine, and heroin. Basically any type of intoxicating drug can result in a drug DUI charge. Drug DUI charges can also be known as: Metabolite DUI, Weed DUI, THC DUI, or Pot DUI.

When you are pulled over and a law enforcement official suspects that you may be under the influence of drugs, they will almost always conduct a field sobriety test. These tests may include the heel-to-toe test, the finger-to-nose test, a one leg stand, alphabet recitation, or an eye test called the “horizontal gaze nystagmus” test. If they suspect you are under the influence, they may also ask for you to submit a blood chemical or urine test. There are times when it is wise to take these tests and there are times when it is best to refuse these tests. An attorney can offer legal advice for these types of scenarios.

DUI Drug offenses can be charged as a misdemeanor or a felony but first time offenders with no accident involved are typically charged with a misdemeanor. The presumptive sentence of a first time offender according to Arizona Revised Statutes section 13.707 is six months in jail and/or fines of no less than $250. There are also court fees and drug education classes that may be involved in the sentencing. People accepting plea bargains and those with lawyer representation normally get reduced sentences with some or all jail time being suspended, which it is wise to seek legal representation.

Because the mere presence of controlled substances in your system is enough to charge you for a drug DUI offense, it is usually wise to seek legal advice. Attorneys can often help get these charges dropped or sentences reduced because there are many factors that may need to be determined for a conviction.

If you live in Arizona and would like a free consultation on a DUI charge, please call our offices at (602) 307-0808 to schedule your appointment. We can also be reached via email by using our secure confidential form.

September 10, 2019

September 10, 2019September 3, 2020 By dmcantor Blog

What is Unlawful Imprisonment in Arizona?

Unlawful Imprisonment is a felony offense in which a person restrains another person temporarily. Though a serious felony, an unlawful imprisonment charge does not mean the offender possessed malice in detaining the victim. In kidnapping cases, the offender knowingly, and with some degree of malice, detains another. Kidnappers also mean to hold their victim captive for a relatively long duration. Unlawful Imprisonment is an offense that can arise from seemingly innocuous and everyday circumstances. An argument, for example, may result in one individual grabbing the cell phone of another to prevent the person from leaving the room. That act of physically taking the cell phone and refusing to relinquish it, forcing the other person to remain, is unlawful imprisonment.

In this short video David Cantor explains Unlawful Imprisonment in Arizona:

Arizona Unlawful Imprisonment Statute

The 2012 Arizona legislature revised the unlawful imprisonment statute (§ 13-1303). A person commits unlawful imprisonment by “knowingly restraining another person.” This definition does not require any intent to harm the person. You can be guilty of unlawful imprisonment even if your intentions are to restrain a person, for what you consider positive reasons. The prosecutor and the judge will discern whether the restraining falls under the statute.

Unlawful Imprisonment, as mentioned, is a serious offense. Arizona law considers the crime a class 6 felony, meaning, if convicted, the accused faces at least a year in state prison. First time offenders sentenced to incarceration usually receive a one-year sentence, actually spending six months in prison. A class 6 felony denotes a crime considered by the state serious enough to warrant prison, yet still one of the least serious offenses for which a lengthy prison sentence is a possibility. Hence, many lawyers will attempt to persuade courts to reduce charges of other “restraining” crimes, especially kidnapping, to unlawful imprisonment.

This crime is unique in that until authorities arrive, the perpetrator can still avoid a charge of felony unlawful imprisonment. If the defendant, prior to officers arriving, releases the victim in a clearly safe manner and environment, then the crime becomes a misdemeanor. A misdemeanor can eventually be expunged, or permanently purged, from your criminal record.

Defenses Against an Unlawful Imprisonment Charge

There are some affirmative defenses listed in the statute. Affirmative defenses are elements that preclude a conviction of a crime. Even if the defendant fulfills every other element of the crime, these defenses mean there can be no conviction. Police officers performing their official duties, and relatives of the victim using force to resume lawful custody, are not guilty of the charge under most circumstances.

If you’ve been suspected of Unlawful Imprisonment in Arizona then call our offices at (602) 307-0808 to schedule a free consultation with a criminal defense lawyer. If you’d like to send us an email, do it here.

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