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February 4, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 8 Felony Aggravated DUI Dismissals, Case Victories, Maricopa County Superior Court Victories

State v. Mr. H (DMC No.)

DISMISSED | FELONY AGGRAVATED DUI (.145 BAC) State v. Mr. H | Maricopa County Superior Court (001013312CR): Mr. H. was stopped for a Felony DUI. The police claimed he had a suspended license due to a prior DUI stop in which he had not been convicted. Because of problems with the calibration records, his .145 breath alcohol concentration would not come into evidence. The Maricopa County Attorney’s Office dismissed all charges.

February 4, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, 902 Chandler DUI Wins, Case Victories, Chandler City Court / Chandler Municipal Court Victories, City Court Victories

State v. Mr. S. (Case No. 01P856220CR)(DMC No.)

DISMISSED | DUI (.144 BAC) (Chandler Municipal Court No. 01P856220CR): Mr. S. was stopped by Chandler City Police for an alleged DUI. He subsequently provided a .144 blood sample. Because it appeared that officers had stopped him simply because it was late at night and they were “trolling for DUI’s”, we filed a Motion based on No Reasonable Suspicion to Stop. This was reviewed by the City Prosecutor and they dismissed all charges.

To speak with a Chandler DUI Lawyer, please call our offices at (602) 307-0808. We’re available via secure email form by clicking here.

February 4, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Apache Junction Justice Court Victories, Case Victories, Justice Court Victories

State v. Mr. S. (DMC No. 8944)

DUI (.144 BAC) DISMISSED – State v. Mr. S. (DMC No. 8944) (Apache Junction City Court TR2009-00598): Police were called to Mr. S.’s residence regarding allegations that he backed his truck out of his driveway and struck another vehicle.  When they arrived, they observed symptoms of alcohol intoxication and they arrested him for DUI.  Mr. S. requested to have his attorney present prior to his blood test (which was denied), and he also said that he drank a beer while he was waiting for the police to arrive.  Due to these issues, the DUI was dismissed by the Prosecutor.

February 4, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, 901 Buckeye DUI Wins, Buckeye City Court Victories, Case Victories

State v. Mr. B. (DMC No. 11254)

DUI (.144 BAC) DISMISSED due to DENIAL of RIGHT to COUNSEL ISSUE – State v. Mr. B. (DMC No. 11254) (Buckeye City Court CR2012-003769): Mr. B. was seen driving southbound on Sun Dance Parkway approaching La Posada Boulevard in Buckeye, Arizona when it was alleged that he struck the median curb several times. After a Buckeye Police Officer pulled him over, he was put through various Field Sobriety Tests and processed for an alleged DUI.  At one point, he told the officer that he had an attorney and wished to make a phone call.  Because the officer felt that Mr. B. was “verbally abusive” he told him that he would have to remain quiet for 15 to 20 minutes before he would allow him to make any phone calls.  Because he did not stay quiet for more than 5 minutes, he was never allowed to call an attorney.  All charges were ultimately dismissed.

February 4, 2014
Posted on Author By dmcantor Categories 110 DUI, DUI Drugs, Extreme DWI & Super Extreme DWI Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 4AAA DUI/Extreme & Super Extreme Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. B. (DMC No. 6019)

NOT CHARGED | DUI (.143 BAC) – State v. Mr. B. (DMC No. 6019) (West Mesa Justice Court/Salt River Indian Reservation DR04-12460): Mr. B. was accused of swerving while driving south bound on the Loop 101 near McDowell Road.  Mr. B. gave the eye test, then the officer requested more tests.  Mr. B. refused, and stated he wanted to talk to his lawyer.  Ultimately, blood was drawn, and a .143 reading was obtained.  We were able to delay the case until the statue of limitations ran, and no charges were brought.

February 4, 2014
Posted on Author By dmcantor Categories 110 DUI, DUI Drugs, Extreme DWI & Super Extreme DWI Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 4AAA DUI/Extreme & Super Extreme Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. L. (DMC No. 3829)

NOT CHARGED | DUI (.140 BAC) (DMC No. 3829): Mr. L. was involved in an accident and taken to the hospital where blood was drawn and given to the police as evidence. The hospital records showed that the BAC was .140%. Mr. L. denied drinking to the police officers, and stated that he had just returned from a 2-week trip in Asia and was “jet lagged,” causing him to fall asleep at the off-ramp when he had his accident. Due to the delay in obtaining his blood test results and bringing forth the case, we were able to keep the prosecutor’s office from filing charges due to speedy trial right violations.

February 3, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 9 Felony Aggravated DUI’s Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. C. (DMC No. 10510)

FELONY AGGRAVATED DUI (.139 BAC with child in car) REDUCED to a misdemeanor DUI with 10 days jail – State v. Mr. C. (DMC No. 10510) (Maricopa County Superior Court CR2011-158057): Mr. C. was seen by another motorist travelling with two children in his car and weaving on and off the roadway onto the dirt shoulder.  The concerned motorist called police and they subsequently pulled over Mr. C. and arrested him.  He provided a .139 BAC, and was charged with FELONY AGGRAVATED DUI.  We were able to convince the prosecutor that Mr. C. would lose his professional license if he had any type of felony on his record.  We were offered a class 6 “open” plea, which was designated an immediate misdemeanor at the time of sentencing.  Mr. C.’s professional license was not affected, and he has no felony conviction on his record.

February 3, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Case Victories, San Tan Justice Court Victories

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

DISMISSED | DUI (.139) – State v. Mr. S. (San Tan Justice Court No. TR-0651694CR): Mr. S. was seen pulled over on the U.S. 60 with his hazard lights on. When officers made contact they observed that his female passenger had vomited twice. They subsequently arrested Mr. S. for DUI and he provided a breath test of a .139 BAC. Due to the fact that the officer never saw Mr. S. actually driving, we filed a Motion to Dismiss for “lack of actual physical control.” Just prior to the Evidentiary Hearing, the State moved to dismiss all charges.

February 3, 2014
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300B Dismissed at Bench Trial, 200 DUI / Vehicular Crime Victories, 2A Vehicular Crimes Bench Trial Victories, Case Victories, McDowell Mountain Justice Court Victories

State v. Ms. Z (DMC No. 8528)

DUI & DWI (.138 BAC) DISMISSED at BENCH TRIAL After EVIDENTIARY HEARING for LACK of PROBABLE CAUSE to ARREST – State v. Ms. Z (DMC No. 8528) (McDowell Mountain Justice Court TR2007-182186): Ms. Z was driving with a friend near Scottsdale Road and Camelback in her husband’s new car.  An Officer stated that she appeared to be driving too fast for the conditions in the area and he stopped her. He smelled an odor of alcohol beverage, and then had her conduct Field Sobriety Tests. She performed extremely well on the tests, including keeping her leg up all 30 seconds on the 1 Leg Stand. He subsequently arrested her and gave her a blood test which revealed a .138 BAC. We filed Motions to Dismiss for No Reasonable Suspicion to Stop and for Lack of Probable Cause for Arrest. At the Evidentiary Hearing at Bench Trial, the Judge agreed with us and found that she had performed the Field Sobriety Tests consistent with a sober person. He Suppressed all Evidence that would come in after the stop. The state was forced to Dismiss all charges at that point.

February 3, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Case Victories, City Court Victories, Fountain Hills City Court Victories

State v. Mr. C. (DMC No. 6087)

DUI (.136 BAC) DISMISSED due to DENIAL of RIGHT to COUNSEL ISSUE – State v. Mr. C. (DMC No. 6087) (Fountain Hills City Court TR2005-00843): Mr. C. was observed travelling down the wrong side of the street on Saguaro Boulevard. He was then seen crossing over the median to get into the proper lane. He was subsequently pulled over and arrested for DUI and Reckless driving. His blood results produced a .136 BAC. Mr. C. had requested an attorney while at the station, and was not given that option. We filed a Motion to Suppress the alcohol concentration, and the State was forced to dismiss the DUI charge, but not the Reckless Driving charge.

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