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February 2, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, 908 Phoenix DUI Wins, Case Victories, City Court Victories, Phoenix City Court / Phoenix Municipal Court Victories

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

DISMISSED | DUI (.124 BAC) (Phoenix Municipal Court No. 2839891CR): Mr. A. was stopped for allegedly making a left-hand turn in an improper position. He subsequently performed Field Sobriety Tests, and was arrested. He asked to call an attorney, and he was allowed to do so. He then submitted to a breath test, which resulted in a .124 BAC. The officer failed to adequately watch Mr. R. during the “deprivation period” which occurs immediately prior to the breath test. We filed a Motion to Suppress the reading, and after an Evidentiary Hearing, that motion was granted. The State was then forced to dismiss all charges.

February 2, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Case Victories, Page City Court Victories

State v. Mr. F. (DMC No. 5606)

DUI (.121 BAC) DISMISSED – State v. Mr. F. (DMC No. 5606) (Page City Court TR2004-0846): Officers claim that they saw Mr. F. on Lake Powell Boulevard travelling 25 in a 30 mph zone.  They stated that he would hit his brakes then speed up again (multiple times) for “no apparent reason”.   Once he pulled into a high school parking lot, Officers contacted him and began a DUI investigation.  He was subsequently arrested and taken to the station where he provided a .121 breath alcohol test.  He was then booked into jail and not released until the next day.  We argued to the Prosecutor that since no other vehicles were affected, there was an “Unreasonable Stop” issue.  He also asked to call a lawyer, and the officers told him they would not let him “until he is released”.  Because of this violation of Right to Counsel, combined with Unreasonable Stop issue, we had all charges subsequently dismissed.

February 2, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Case Victories, Justice Court Victories, White Tank Justice Court Victories

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

DISMISSED | DUI (.120 BAC) (White Tank Justice Court No. 0210382CR): Mr. C. was stopped by Buckeye Police and he had an open container in his car. He subsequently provided a .120 breath alcohol sample. Because the stop appeared to be a “fishing expedition” by police, we filed a Motion to Dismiss based upon no reasonable suspicion. An evidentiary hearing was held, and the judge dismissed all charges.

February 1, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, 908 Phoenix DUI Wins, Case Victories, City Court Victories, Phoenix City Court / Phoenix Municipal Court Victories

State v. Mr. K (DMC No.)

DISMISSED | DUI (.119) (Phoenix Municipal Court No. 13177634CR): Two Phoenix Police Officers pulled up next to Mr. K. when they were on their motorcycles, and noticed he had a “stuperous look on his face.” After the light changed and he began to drive, the officers pulled him over and began a DUI investigation. His BAC came back at .119%. We filed a Motion to Dismiss based on no Reasonable Suspicion to Stop, and an Evidentiary Hearing was held in which the judge threw out the case.

February 1, 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. M. (DMC No. 6616)

REDUCED | FELONY AGGRAVATED DUI (.119 BAC) REDUCED to misdemeanor – State v. Mr. M. (DMC No. 6616) (Maricopa County Superior Court CR2005-032184): Mr. M. was stopped for allegedly failing to yield when pulling out of a private drive.  He was subsequently arrested a provided a breath alcohol sample of .119 BAC.  He was charged with felony Aggravated DUI and was facing a minimum of 4 months in prison, and a maximum of 3.75 years.  We were able to successfully attack the prior conviction, thereby forcing the prosecution to reduce his case to a misdemeanor.

February 1, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 8 Felony Aggravated DUI Dismissals, Case Victories, Maricopa County Superior Court Victories

State v. Mr. T. (DMC No. 5622)

DISMISSED | FELONY AGGRAVATED DUI (.118 BAC) – State v. Mr. T. (DMC No. 5622) (Maricopa County Superior Court CR2005-005588) DISMISSED at EVIDENTIARY HEARING due to RIGHT to COUNSEL ISSUE: Mr. T. was found in his vehicle sleeping roughly 3 to 4 feet away from the curb. The car was in park, and the lights were off. Due to a prior DUI and suspended license, Mr. T. was charged with felony aggravated DUI. Because of potential actual control issues, and denial right to counsel, several Motions were filed. At Evidentiary Hearing, the Judge found that Mr. T.’s right to counsel was violated, and the case was dismissed.

February 1, 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. G. (DMC No. 7670)

DUI (.118 BAC) DISMISSED – State v. Mr. G. (DMC No. 7670) (Fountain Hills City Court TR2007-00764): Mr. G. was seen by a police officer traveling approximately 50 mph along Saguaro Boulevard.  He was subsequently pulled over and arrested for a DUI.  As the officer was asking him to provide a breath test, Mr. G. repeatedly stated that he wanted to talk with his attorney before he provided a test.  The officer erroneously told him that “he did not have a right to consult with an attorney prior to agreeing to a test of his breath”.  The officer was clearly mistaken as to the law, and the DUI was dismissed due to “Denial of Right to Counsel” issue.

February 1, 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. B (DMC No.)

DISMISSED | FELONY AGGRAVATED DUI (.115 BAC) Maricopa County Superior Court (200006811CR): Mr. B. was stopped on the freeway by a DPS Officer for allegedly speeding and was subsequently charged with Aggravated DUI. A blood sample was ultimately obtained, which resulted in a .115 BAC. Due to the insufficiency of the telephonic search warrant, we were able to get the blood test results suppressed. The Maricopa County Attorney’s Office then moved to dismiss all charges against Mr. B.

February 1, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Case Victories, Florence City Court Victories

State v. Mr. M. (DMC No. 9775)

DUI (.113 BAC) DISMISSED due to ACTUAL PHYSICAL CONTROL ISSUE – State v. Mr. M. (DMC No. 9775) (Florence City Court TR2010-0580):  The Florence Police Department received a call that an individual had backed his car into a neighbor’s car at approximately 7400 W. Rushmore Way in Florence, Arizona.  When they arrived neighbors pointed to Mr. M.’s house, and police made contact with him.  Although Mr. M. admitted he had driven the vehicle, no one could positively identify him as the one who, in fact, had the accident.  Even though he later provided a breath test which resulted in a .113 BAC, we were able to have the entire case dismissed with an agreement that he reimburse his neighbors damages, and a small civil ticket for “unsafe backing”.  Originally, Mr. M. would have lost his job if he would have been convicted of the DUI.

February 1, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Case Victories, Dreamy Draw Justice Court Victories, Justice Court Victories

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

DISMISSED | DUI (.111)(Dreamy Draw Justice Court No. 03-02903CR): Mr. D. was stopped for allegedly traveling 78 mph on the freeway. After he was stopped, only partial Field Sobriety Tests were done by the officer. Mr. D. provided a breath sample which resulted in a .111 BAC. Because the State was failing to timely provided discovery, we filed a Motion to Preclude Witness Testimony and Breath Test Results. The State ultimately conceded, and all charges were dismissed.

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