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March 1, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 7 Super Extreme DWI Dismissals, Arrowhead Justice Court Victories, Case Victories, Justice Court Victories

State v. Ms. T. (DMC No. 6159)

DISMISSED | SUPER EXTREME DUI (.218 BAC) (WITH A PRIOR) DISMISSED– State v. Ms. T. (DMC No. 6159) (Arrowhead Justice Court TR05-00375-77CR): Mr. T. was observed on the 101 & Peoria off ramp with his truck stopped facing against a fence.  He subsequently was arrested for DUI and provided a blood sample which revealed a .218 BAC.  Due to the fact that the officer did not see Mr. T. actually driving, and the fact that he failed to appear to a court ordered interview, we were able to preclude him as a witness, and the prosecutor was forced to dismiss all charges.

March 1, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 7 Super Extreme DWI Dismissals, 903 Gilbert DUI Wins, Case Victories, City Court Victories, Gilbert City Court / Gilbert Municipal Court Victories

State v. Mr. C. (DMC No. 6157)

DISMISSED | SUPER EXTREME DUI (.217 BAC) DISMISSED – State v. Mr. C. (DMC No. 6157) (Gilbert City Court 05TR6422-24): Mr. C. was observed parked in a parking lot with his engine running while he was asleep.   He was subsequently removed from his car and provided a blood sample which revealed a .217 BAC.  Due to the fact that he was not in “actual physical control” (APC), and the fact that the lead officer became unavailable, all were charges ultimately dismissed.

March 1, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 7A Super Extreme DUI Reduced, Case Victories, Cochise County Justice Court Victories, Justice Court Victories

State v. Mr. R (DMC No. 10086)

SUPER EXTREME DUI (.215 BAC) REDUCED to reckless driving with zero days in jail – State v. Mr. R. (DMC No. 10086) (Cochise County Justice Court TR0754): Mr. R. was seen parked in a parking lot with his lights on for at least an hour before an officer pulled up to make contact.  The car was parked properly in a parking spot, with the music on and the engine running in order to run the heater.  A breath test of .215 BAC was ultimately obtained.  Due to defenses based on “no actual physical control”(APC), we were able to secure an offer from SUPER EXTREME DUI (with a minimum of 45 days in jail) all the way down to a simple reckless driving with no days in jail.

March 1, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 7 Super Extreme DWI Dismissals, Case Victories, Encanto Justice Court Victories, Justice Court Victories

State v. Ms. J (DMC No. 6704)

DISMISSED | SUPER EXTREME DUI (.215 BAC) DISMISSED due to PHLEBOTOMIST UNAVAILABILITY ISSUE – State v. Ms. J. (DMC No. 6704) (Encanto Justice Court TR05-00310CR): DPS Officers were dispatched to an automobile accident at the on ramp of 101 & Cave Creek. When they arrived, Ms. J. was standing outside of the vehicle. She performed field sobriety tests and then was arrested and taken to the station where she provided a .215 BAC. During the Discovery phase of the case, we wished to compel an interview of the phlebotomist who drew Ms. J.’s blood. Due to issues with that phlebotomist, we were able to have the entire case dismissed.

March 1, 2014
Posted on Author By dmcantor Categories 1400 Appeal/Post Conviction Relief/Habeas Corpus Victories, 200 DUI / Vehicular Crime Victories, 7 Super Extreme DWI Dismissals, Case Victories, Maricopa County Superior Court Victories

State v. Mr. N (DMC No. 9618)

CONVICTION REVERSED (Super Extreme DUI .215 BAC) due to DENIAL of RIGHT to COUNSEL ISSUE – State v. Mr. N (DMC No. 9618) (Maricopa County Superior Court LC2009-000676): Mr. N had been pulled over for traffic violations and a DUI Investigation ensued. While the officer was attempting to read Miranda Rights, Mr. N was interrupting stating “speak to my lawyer”. We filed a Motion to Dismiss for Denial of Right to Counsel, and the Scottsdale City Court denied it. After Mr. N was convicted, we Appealed the ruling to the Lower Court of Appeals at the Maricopa County Superior Court.

The judge had found that Mr. N’s testimony was unimpeached. The judge specifically found that “he said he had asked 3 times to speak to an attorney and the officer said he could not recall if the request had been made prior to the Miranda Warnings being read to him”. Mr. N’s Super Extreme DUI Conviction was Reversed.

March 1, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 7 Super Extreme DWI Dismissals, Agua Fria Justice Court Victories, Case Victories, Justice Court Victories

State v. Mr. S (DMC No. 4603)

DISMISSED | SUPER EXTREME DUI (.214 BAC) DISMISSED – State v. Mr. S. (DMC No. 4603) (Agua Fria Justice Court TR03-09487CR): DPS Officers arrived at the scene of a single vehicle accident at I-10 and mile post 134C.  Mr. S. was standing outside of the vehicle and was unharmed.  Due to the fact that there were no witnesses, and only Mr. S.’s statement that he was the driver, we filed a Motion based on “Corpus Delicti”.  After an Evidentiary Hearing, the court granted our Motion and all charges were dismissed.

March 1, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 7A Super Extreme DUI Reduced, Case Victories, City Court Victories, Glendale City Court Victories

State v. Mr. D. (DMC No. 7226)

REDUCED | EXTREME DUI REDUCED to Misdemeanor Endangerment – State v. Mr. D. (DMC No. 7226) (Glendale City Court No. TR2007-000596): Police received a call of impaired persons inside a car at a gas station. When police arrived, they saw the vehicle exiting the parking lot and they stopped Mr. D. He was subsequently given a breath test which revealed a .212 Breath Alcohol Concentration. Even though Mr. D had a prior Reckless Driving within the previous 2 years, due to the fact that the stop was questionable and the potential Denial of Right to Counsel issue, we had the case reduced to a non-DUI charge of Misdemeanor Endangerment.

Click here to learn more about Super Extreme DUI in Arizona. Call our offices at (602) 307-0808 to schedule a free consultation with a DUI Defense lawyer about your DUI case.

March 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. W. (DMC No. 6722)

FELONY AGGRAVATED DUI (.210 BAC) REDUCED to misdemeanor with 10 days in jail – State v. Mr. W. (DMC No. 6722) (Maricopa County Superior Court CR2006-102242): Mr. W. was at  the El Charro bar when police were called due to an alleged disturbing the peace complaint.  Upon contact, Mr. W. stated he was going to walk home.  The officer hid in order to wait for Mr. W. to walk to his vehicle and drive.  He then pulled him over immediately.  He subsequently was arrested and provided a blood test which resulted in a .210 BAC.  Because of entrapment issues, along with a defense based on Mr. W. not knowing his license was suspended, we were able to secure a misdemeanor DUI with only 10 days in jail.  Originally Mr. W. was facing a minimum of 4 months of prison up to a maximum 3.75 years.

March 1, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 7 Super Extreme DWI Dismissals, Case Victories, Globe Justice Court Victories, Justice Court Victories

State v. Mr. M. (DMC No. 4337)

DISMISSED | SUPER EXTREME DUI (.208 BAC) DISMISSED – State v. Mr. M. (DMC No. 4337) (Globe Justice Court TR2003002242): Gila County Sherriff’s Deputies pulled up to an accident site where a truck pulling a boat was in a ditch.  Various people were standing around the boat, when the officer asked who was driving.  Mr. M. was the driver and subsequently arrested for DUI, and he provided a breath test which showed a .208 BAC.  We were able to show the prosecution that the other witnesses in the area testified that Mr. M. had only drank after the vehicle had gone into the ditch.  All people had been standing around for a good hour before the officer had pulled up.  Subsequently a Motion was filed for “Corpus Delicti”, and the prosecutor agreed to dismiss all charges.

March 1, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 7A Super Extreme DUI Reduced, Case Victories, Justice Court Victories, University Lakes Justice Court Victories

State v. Mr. C. (DMC No. 10391)

SUPER EXTREME DUI (.207 BAC) REDUCED to reckless driving with zero days in jail– State v. Mr. C. (DMC No. 10391) (University Lakes Justice Court TR2011-146839): Mr. C. was stopped at Apache & McAllister Road in Tempe for not having his headlights on.  Subsequent to a DUI investigation he provided a blood sample with a .207 BAC.  While at the station, he asked to call our law firm and the officer denied him that right until he provided a blood test.  After a warrant was obtained for Mr. C.’s blood he was never given a phone in order to contact us.  Due to the fact we filed a Motion to Dismiss based on denial of right to counsel, the State offered a reckless driving charge with zero days in jail.

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