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February 6, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 8 Felony Aggravated DUI Dismissals, Case Victories

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

DISMISSED | FELONY AGGRAVATED DUI (.160 BAC)(200200707CR): Mr. H. was stopped and cited with an alleged Felony DUI. His subsequent blood analysis resulted in a .160 BAC. During the course of the case, the State’s offer was 4.5 years in prison. A defense had arisen based upon the advice given to Mr. H. by his previous Public Defender. On the day of trial, the State moved to dismiss all charges “in the interest of justice.”

February 5, 2014
Posted on Author By dmcantor Categories 1400 Appeal/Post Conviction Relief/Habeas Corpus Victories, 2100 Superior Court Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. B (DMC No. 12190)

CONVICTION REVERSED | CLASS 3 FELONY THEFT CONVICTION REVERSED – State v. Mr. B. (DMC No. 12190) (Maricopa County Superior Court CR2010-135297): Mr. B. was charged with a class 3 theft involving approximately $20,000 in stolen funds. His Defense Attorney did not convey the Prosecutors offer, nor did he do any investigation prior to going to trial. Defense Counsel also thought he was dealing with a civil case, rather than a criminal case. Mr. B. was ultimately convicted, placed on felony probation in order to pay $20,000 in restitution. We filed a post conviction relief petition, held an Evidentiary Hearing in which the other trial counsel was placed on the stand and cross examined and Mr. B.’s conviction was reversed.

February 5, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 6 Extreme DWI Reduced, Case Victories, Downtown Justice Court Victories

State v. Ms. S (DMC No.)

State v. Ms. S. (Downtown Justice Court No. 03-02414CR): Ms. S. was seen travelling the wrong way on a one way street in downtown Phoenix. She was ultimately contacted and performed poorly on field sobriety tests. She provided a breath BAC of a .159, and then she was questioned by police. Because she was a juvenile, they did no read her her juvenile Miranda Rights and we threatened to have all statements thrown out, along with the breath test. The state then offered a plea to Minor Driving with Alcohol in System.

February 5, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 5 Extreme DWI Dismissals, Case Victories, San Tan Justice Court Victories

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

DISMISSED | DWI (.158 BAC) (San Tan Justice Court No. TR2006-16338): Police received a potential burglary call in a neighborhood in the area of Guadalupe. Mr. S. was seen pulling out of a neighborhood, and was subsequently stopped. Police discovered he was not the burglary suspect but had an odor of alcohol, and they arrested him. He provided a .158 blood sample. We were able to file a Motion to Dismiss based on no reasonable suspicion to stop, which was granted and resulted in the entire case being dismissed.

February 5, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 5 Extreme DWI Dismissals, Case Victories, White Tank Justice Court Victories

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

(White Tank Justice Court No. 03-06385CR): Mr. S. had a prior DUI and had been stopped for allegedly drinking from an open container. After performing Field Sobriety Tests, he was arrested. While at the station, Mr. S. asked to call a lawyer and the officer told him he could not talk to a lawyer until after he provided a blood sample. His BAC came at .156%. We filed a Motion for Denial of Right to Counsel, and after an Evidentiary Hearing the judge dismissed the DUI, saving Mr. S. months in jail.

February 5, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 5 Extreme DWI Dismissals, 909 Scottsdale DUI Wins, Case Victories, City Court Victories, Scottsdale City Court Victories

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

DISMISSED | DUI (.155) – (Scottsdale Municipal Court No. 2003-12905CR): Mr. T. was stopped for allegedly weaving and making an improper right hand turn. Upon contact, he smelled of alcohol and he stated to the officer, “When do I get to talk to my lawyer?” The officers did not allow him to speak to a lawyer before he submitted to a blood test, which resulted in a .155% BAC. We filed a Denial of Right to Counsel Motion, which was granted by the judge at an Evidentiary Hearing, resulting in a dismissal of all charges.

Do you have a DUI case in Scottsdale and want the opinion of a Scottsdale DUI lawyer? Give us a call today for a free DUI case review.

 

February 5, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 5 Extreme DWI Dismissals, Case Victories, Justice Court Victories, Kyrene Justice Court Victories

State v. Mr. G. (DMC No. 10314)

EXTREME DUI (.155 BAC) DISMISSED – State v. Mr. G. (DMC No. 10314) (Kyrene Justice Court TR2010-163648): Mr. G. was stopped travelling eastbound on I-10 near Elliott Road. The call had come in from another motorist stating that Mr. G. looked impaired. After he was pulled over, he was arrested for DUI and produced a breath test of .155 BAC. We subsequently filed a “Request for Discovery”, and when it became apparently that the State could not comply with all of our needs, they were force to dismiss all charges.

February 5, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 6 Extreme DWI Reduced, 911 Tempe DUI Wins, Case Victories, City Court Victories, Tempe City Court / Tempe Municipal Court Victories

State v. Mr. W (DMC No.)

(Tempe Municipal Court No. 06-961209-2CR): Mr. W. made a left hand turn at 8th Street and Rural Rd. against the signs which stated, “No left turn.” He was subsequently stopped and admitted to drinking at Four Peaks Brewery. After he was arrested, he provided a .155 breath test to the police. We were able to contact the Tempe City Engineer’s Office and show that these particular left-hand turn signs were not in the proper area and were not completely visible to traffic. We convinced the prosecutor to dismiss the DUI’s in exchange for an Endangerment plea.

February 5, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 5 Extreme DWI Dismissals, Case Victories, West Mesa Justice Court Victories

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

DISMISSED | DUI – State v. Mr. P. (West Mesa Justice Court No. TR-2006066028): Mr. W. had an accident in the center median after traveling too fast on County Club Drive. This was observed by a police officer. He subsequently contacted Mr. W. and performed Field Sobriety Tests on him. He was arrested for DUI and was given a breath test which revealed a .153 BAC. When we got involved in the case, we filed Motions to Dismiss based on the State’s violation of the timely discovery rules. Ultimately the State was forced to file their own Motion to Dismiss because they were violating Mr. P.’s speedy trial rights.

February 5, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 5 Extreme DWI Dismissals, 903 Gilbert DUI Wins, Case Victories, City Court Victories, Gilbert City Court / Gilbert Municipal Court Victories

State V. Mr. B. (DMC No. 9846)

(DMC No. 9846) (Gilbert City Court No. 2010-CT-0012114): Mr. B. was accused of driving 41 MPH in a 25 MPH zone and weaving. Upon contact, the Gilbert Police officer he smelled of alcohol. When he was taken down to the station, he was put in a private room and was given a phone and a phone book to call a lawyer if he wanted to. A lawyer from our office called him back, and the officers did not allow Mr. B. to immediately speak with our lawyer. After blood results came back a .151, we filed a motion for suppress for denial of right to counsel. Eventually the state agreed and dismissed all criminal charges.

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