April 28, 2014

April 28, 2014 By dmcantor 16B Unlawful Use of Means of Transportation Victories, 2100 Superior Court Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. G. (DMC No. 6667)

UNLAWFUL USE of MEANS of TRANSPORTATION REDUCED to class 6 open/misdemeanor with PROBATION and ZERO DAYS in JAIL – State v. Mr. G. (DMC No. 6667) (Maricopa County Superior Court CR2006-160779): Mr. G. had been at a party with friends, when he took a young woman’s keys and refused to give them back. He eventually left the party with another friend and was involved in a DUI accident. Because he had taken the car without permission, he was charged with Unlawful Use of Means of Transportation. We were able to convince the prosecutor to reduce the charge down to a class 6 “open”, which became a misdemeanor upon completion of probation, with zero days in jail. Because the case was reduced to a misdemeanor, it did not affect Mr. G.’s ability to maintain his employment.

April 28, 2014

April 28, 2014 By dmcantor 16B Unlawful Use of Means of Transportation Victories, Case Victories, City Court Victories, Mesa City Court / Mesa Municipal Court Victories

State v. Mr. S. (DMC No. 6550)

UNLAWFUL USE of MEANS of TRANSPORTATION DISMISSED – State v. Mr. S. (DMC No. 6550) (Mesa City Court 1997072258): Mr. S. and his friend were town for a wedding reception at the Arizona Golf Resort. They became intoxicated and went for a joy ride on a golf cart and took it to a local Circle K. They eventually abandoned the golf cart and it was found with the wedding program still inside. The police obtained surveillance video and tracked down Mr. S. He was very honest about what had occurred, yet he was still charged with Unlawful Use of Means of Transportation. We were able to convince the prosecutor to dismiss all charges in exchange for some classes pursuant to a “diversion” program. The conviction could have cost Mr. S. his pilot’s license.

April 23, 2014

April 23, 2014September 29, 2020 By dmcantor 1400 Appeal/Post Conviction Relief/Habeas Corpus Victories, 200 DUI / Vehicular Crime Victories, Arcadia Biltmore Justice Court Victories, Case Victories

State v. Harris (Shilgevorkyan) (DMC No.11981)

CONVICTION REVERSED | DUI DRUGS (inactive marijuana metabolite) CONVICTION REVERSED – State v. Harris (Shilgevorkyan) (DMC No. ) (Arizona Supreme Court CV-13-0056-PR/Arcadia Biltmore Justice Court TR2011-10043):

In this high profile Arizona Supreme Court case, Mr. Shilgevorkyan was pulled over for a minor traffic violation and a DUI investigation ensued. He admitted that he had smoked marijuana the night before, and he consented to a blood test. His blood test showed that he had Carboxy-THC (the inactive metabolite of marijuana) in his blood. He did not have tetrahydrocannabinol (“THC”-the psychoactive metabolite of marijuana) in his system. This case was handled by one of our DUI Lawyers. He argued that the Arizona Legislature did not intend to criminalize the mere presence of inactive metabolites in a person’s system. He argued that the actual intent was to criminalize the psychoactive metabolite of impairing drugs as it relates to driving. This case was argued in front of the Arizona Supreme Court, and on April 22, 2014 they agreed with us and reversed the convictions against Mr. Shilgevorkyan. This case received widespread media coverage, and will effect countless future and past marijuana DUI cases in Arizona.

April 9, 2014

April 9, 2014 By dmcantor 500 Assault / Violent Crime Victories, 75 Orders of Protection / Injunction Against Harassment Victories, Case Victories, Justice Court Victories, Moon Valley Justice Court Victories

State v. Ms. R (DMC No. 7830)

ORDER of PROTECTION QUASHED at HEARING – State v. Ms. R. (DMC No. 7830) (Moon Valley Justice Court CC2008-029585): Ms. R. and her daughter had been having troubles from some time. Ms. R. moved from Chicago to Phoenix in order to live with her daughter. After numerous arguments, Ms. R.’s daughter claimed that items had been broken in the house and she had filed for an Order of Protection and had her mother removed from the house. We were able to show that these allegations were manufactured, and the Order of Protection was quashed. Ms. R. was allowed to move back into her house.

April 9, 2014

April 9, 2014 By dmcantor 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 75 Orders of Protection / Injunction Against Harassment Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. M (DMC No. 6310)

INJUNCTION AGAINST HARASSMENT QUASHED at HEARING – State v. Mr. M. (DMC No. 6310) (Apache Junction City Court CV2006-00247): Mr. M. became engaged with a dispute with a neighbor in a rural area. It escalated to the point where the neighbor cut off Mr. M.’s utility easements, thereby severing his phone service and certain utilities. Eventually, an Injunction Against Harassment was filed against Mr. M. and a Hearing was held. The judge found that the neighbor was being unreasonable and the injunction was quashed as to Mr. M. In addition, the judge informed the neighbor that he could be breaking laws when he cut off access to Mr. M.’s utilities.

April 9, 2014

April 9, 2014 By dmcantor 16K Drivers License Reinstated Victories, Case Victories, City Court Victories, Phoenix City Court / Phoenix Municipal Court Victories

State v. Mr. T. (DMC No. 10137)

DRIVER’S LICENSE REINSTATED (DUI and multiple driving on suspended license violations) – State v. Mr. T. (DMC No. 10137) (Phoenix City Court 583025102/North Mesa Justice Court 0309071/Payson Justice Court TR-2002001278): Mr. T. was a local homeless man in Phoenix when he made national news when he found a backpack containing ($3,300). He turned the backpack in and the money went back to the college student who had lost his student loan money. He was featured in People magazine as a “Hero Among Us”, and was praised for his honesty. DM Cantor took on Mr. T.’s case Pro Bono (for free). We made sure all terms of his prior probation were satisfied and we reinstated his driving privileges. He now lives in an apartment and holds steady employment. He works as a landscape maintenance supervisor and works for free at the homeless shelter helping others.

April 1, 2014

April 1, 2014 By dmcantor 200 DUI / Vehicular Crime Victories, 7 Super Extreme DWI Dismissals, 908 Phoenix DUI Wins, Case Victories, City Court Victories, Phoenix City Court / Phoenix Municipal Court Victories

State V. Ms. C. (DMC No. 9856)

DISMISSED | SUPER EXTREME DUI (.318 BAC) (DMC No. 9856) (Phoenix City Court No. 2010-9025304): Ms. C. was stopped for erratic driving and subsequently arrested for a DUI. When she did provide a blood test, it revealed a .318 blood reading. She had asked to be released to get an independent test of her blood, which did not occur. We filed a motion to have the entire case dismissed based on a denial of a right to an independent test. The state agreed and all charges were dismissed against Ms. C.

April 1, 2014

April 1, 2014 By dmcantor 200 DUI / Vehicular Crime Victories, 7 Super Extreme DWI Dismissals, Case Victories, Hassayampa Justice Court Victories

State v. Mr. R (DMC No.)

DISMISSED | SUPER EXTREME DUI (.308 BAC) (Hassayampa Justice Court No. 03-00202CR): Mr. R. was found parked up the side of the roadway, sitting in his car with the keys in the ignition and the motor running. Mr. R. was taken to a police station, where he stated he “wanted a lawyer.” He was never offered a phone book or given the option to call a lawyer. Although he provided a blood sample which resulted in a .308% BAC qualifying him for an Extreme DUI, we filed a Motion to Dismiss for Denial of Right to Counsel. After an Evidentiary Hearing was held, the judge ruled in our favor and the case was dismissed.

Click here to learn more about Super Extreme Dui in Arizona.

March 21, 2014

NOT CHARGED/REDUCED | VEHICULAR 2ND DEGREE MURDER NOT CHARGED/MANSLAUGHTER and AGGRAVATED ASSAULT (dangerous) REDUCED to NEGLIGENT HOMICIDE (non dangerous) with 1 YEAR in PRISON (7 months of actual time) – State v. Mr. F. (DMC No. 11880) (Maricopa County Superior Court CR2011-007282): Mr. F. was travelling on the southbound 101 in Scottsdale when another vehicle engaged an SUV in “road rage” in front of him. The original vehicle slammed on its brakes, causing Mr. F. to swerve to the right, striking the SUV. The SUV flipped and the driver subsequently died at the scene. The original vehicle took off and was designated a “phantom vehicle” by Mr. F. and several witnesses. During the course of the investigation, Mr. F. was discovered to have marijuana and a pipe on his possession. He admitted to smoking marijuana hours earlier. Blood was drawn which was revealed the presence both “active” and “inactive” marijuana metabolites. We submitted various documentation to the County Attorney’s Office and Attorney General’s Office before the case went to Grand Jury. They were originally seeking 2nd Degree Murder charges, but the Grand Jury only returned charges based on Manslaughter. During the course of vigorously defending the case, we had the County Attorney’s Office removed for “conflict”, and the Attorney General’s Office took over the case. We eventually negotiated a reduced plea to Negligent Homicide (Non Dangerous), with a stipulated 1 year in DOC. The actual amount time that Mr. F. will spend in prison is only 7 months. He was originally facing a potential 10 to 22 years on the 2nd Degree Murder and 7 to 21 years on the Manslaughter.

March 21, 2014

March 21, 2014 By dmcantor 1 DUI / Vehicular Crime Jury Trial Complete Acquittals, 1000 Complete Jury Trial Acquittals / All Criminal Charges, 200 DUI / Vehicular Crime Victories, 909 Scottsdale DUI Wins, Case Victories, Jury Trial Victories, Scottsdale City Court Victories

State v. Ms. L. (DMC No. 11882)

NOT GUILTY/COMPLETE ACQUITTAL at JURY TRIAL/DUI and DWI (.133 BAC) – March 21, 2014 – State v. Ms. L. (DMC No. 11882) (Scottsdale City Court TR2013-009192): Ms. L. was traveling on Scottsdale Road when officers noticed that she had an expired license plate. She was subsequently pulled over and a DUI investigation ensued. During the FST’s, it was indicated that she had no problem with the “one leg stand” and only had 4 of 6 cues on “horizontal gaze nystagmus” (HGN). Subsequently, blood was drawn and the officer inadvertently wrote “2:38 a.m.” instead of “12:38 a.m.” on the blood kit. He had to reopen the blood kit (breaking the seal), correct the time and then reseal the kit. During trial, the State’s Criminalist stated the there was no issues or anything unusual with the blood kit that he had tested. Our expert then got on the stand and pointed out that the kit had been opened after the original seal had been put in place. The jury deliberated over night and came back with a verdict of “not guilty” on all charges.

For more information on how our firm handles Scottsdale DUI cases, click the following link to schedule a free consultation.

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State v. Mr. G. (DMC No. 6667)

State v. Mr. S. (DMC No. 6550)

State v. Harris (Shilgevorkyan) (DMC No.11981)

State v. Ms. R (DMC No. 7830)

State v. Mr. M (DMC No. 6310)

State v. Mr. T. (DMC No. 10137)

State V. Ms. C. (DMC No. 9856)

State v. Mr. R (DMC No.)

State v. Mr. F (DMC No. 11880)

State v. Ms. L. (DMC No. 11882)