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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.

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

State v. Mr. Z. (DMC No. 5802)

DISMISSED | EXTREME DUI (.150+ BAC) – State v. Mr. Z. (DMC No. 5802) (Encanto Justice Court TR05-00087CR):  Mr. Z. was pulled over for allegedly squealing his tires at 1 in the morning and speeding. The officer pulled him over and Mr. Z. was ultimately arrested for DUI and taken to the station. He provided a .150+ BAC and was charged with extreme DUI. We filed Motions compelling all Discovery, and the State was delayed in producing the “calibration checks” on the blood testing device. We filed a Motion to Dismiss and the State was unable to provide records before the Evidentiary Hearing. They moved to dismiss all charges.

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

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

DISMISSED | DUI – State v. Mr. W. (Agua Fria Justice Court No. 2006-130904): Mr. W. was pulled over in Avondale during a DUI Task Force. Ultimately he was arrested for DUI and a BAC of .150+ was obtained from a breath test. We attended the court dates and found that the State had not produced full discovery as required by law. We ultimately informed the State that they were violation and they were forced to move for a Motion to Dismiss. The State never could find all appropriate discovery, and the one year statute of limitations ran with all charges being dismissed forever.

February 4, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 9 Felony Aggravated DUI’s Reduced, Case Victories, Page Justice Court Victories

State v. Mr. O. (DMC No. 8863)

AGGRAVATED DUI (.149 BAC) with CHILD in CAR REDUCED to MISDEMEANOR with 1 DAY in JAIL – State v. Mr. O. (DMC No. 8863) (Page Justice Court CR2009-12): Mr. O. was observed pulling into a National Forest Service Park without allegedly paying the camping fee.  Officers arrived at Lakeshore Drive and Scorpion Place in Page, Arizona, and contacted Mr. O.  He had two children in his car, and based on an odor of alcohol he was arrested for DUI.  Once at the station he was given a breath test which showed that he had .149 BAC.  Because officers told him that he had to take a breath test or he would also be charged with Federal felony charges, we argued that they “coerced” him into providing evidence. In addition, we questioned the nature of this stop based on an anonymous call.  The Prosecutor agreed to dismiss the felony DUI in exchange for a Misdemeanor with 1 day in jail.  Originally, Mr. O. was facing up to 2 years in prison.

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

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

DISMISSED | DUI (.147) – (East Mesa Justice Court No. 03-04769CR): Ms. K. was pulled over for only having one headlight on, and traveling 80 mph on the freeway. Upon contact with the officer, she performed moderately okay on Field Sobriety Tests, and produced a .147% BAC. Because the State was having trouble convincing witnesses to appear for defense interviews, we were able to file a Motion to Preclude their testimony. The State was then forced to dismiss all charges.

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

State v. Mr. D (DMC No. 6512)

DUI (.146 BAC) DISMISSED due to DISCOVERY DELAY – State v. Mr. D. (DMC No. 6512) (Parker Justice Court/La Paz County Sherriff’s Office Complaint No. 27801): Mr. D. lived in California and was a recent graduate of the Police Academy. He was vacationing in Parker, Arizona. He had been drinking at his hotel with a friend and they drove to the store to pick up some items. The officer pulled Mr. D. over for an unknown reason, and had him perform field tests in his flip flops. He was arrested, submitted to a breath test which revealed a .146, and then requested to call an attorney. He was never given a phone or a phone book. Due to the issues with Denial of Right to Counsel, and No Reasonable Suspicion to Stop, we requested extensive Discovery from the officer. Due to the Discovery not being turned over in a timely manner, the Court dismissed all charges.

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

State v. Mr. G. (DMC No. 9626)

DUI & DWI (.146 BAC) DISMISSED DUE to FAILURE of POLICE to PROVIDE INTERPRETER – State v. Mr. G (DMC No. 9626) (Eloy Justice Court TR2009-4745): Mr. G was seen on the I-10 freeway near milepost 212 by Eloy, Arizona traveling 70mph in a 55mph zone. He was subsequently pulled over and an odor of alcohol was detected by the Officer. Mr. G was a deaf male who spoke only American sign language. The Officer proceeded to arrest Mr. G and have him submit to a blood test which revealed a .146 BAC. He never secured a sign language interpreter to read Mr. G’s rights, or inform him of his legal options regarding the Field Tests and the Blood Test. We were able to file a Motion to Dismiss under Arizona Revised Statue § 12-242, and the case was dismissed in full

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.

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