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February 14, 2025
Posted on Author By sean Categories 12 Hit and Run Reduced, 15A Vehicular Homicide Victories, 200 DUI / Vehicular Crime Victories, 500 Assault / Violent Crime Victories, 63-65 Homicide Victories, 64 Homicide Reduced, 79F Second Degree Murder Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. W (DMC No. 17566)

State v. Mr. W (DMC No. 17566) – Felony Vehicular Second Degree Murder (.199 BAC) with Car Travelling over 110 Miles Per Hour, Felony Vehicular Aggravated Assault, and Felony Endangerment – Reduced to Manslaughter (with 11 years actual DOC) – Maricopa County Superior Court (Case No. CR2020-001845)

Mr. W had been attending a wedding with his girlfriend when he consumed quite a bit of alcohol.  He ended up having an argument with his girlfriend, and he left with his male friend in his friend’s car.  As he was driving, he was travelling at approximately 113 miles per hour when he struck another vehicle in the rear and drove it into the guard rail.  The driver of that vehicle passed away, and the passenger of that vehicle, along with Mr. W’s passenger, were both seriously injured.

After being transported to the hospital, blood was drawn and it was determined he had a .199 BAC.  In addition, he had a prior DUI offense and a couple of previous alcohol-related arrests.  It was shortly thereafter that DM Cantor was retained to defend Mr. W.  Immediately after being retained, we had Mr. W enter into Alcohol Treatment and Counseling, and he has not had a drink of alcohol since.  In addition, he completed over 1,000 hours of Community Service while the case was proceeding.  Also, a Mitigation Expert was hired that reviewed all of Mr. W’s prior medical records and his school records, and interviewed all of his family and friends.  After this was all completed, DM Cantor engaged in a Settlement Conference with the Prosecutor in front of a neutral Judge.

The maximum in Prison time on all three charges totaled a potential 43 years.  At the Settlement Conference, we were able to negotiate a Plea to 13 years’ time, to be served at 85.7%.  This left Mr. W with approximately 11 years of DOC.  Mr. W will be approximately 40 years old when he is released from DOC, leaving him with decades of life in front of him.

February 14, 2025
Posted on Author By sean Categories 12 Hit and Run Reduced, 15A Vehicular Homicide Victories, 200 DUI / Vehicular Crime Victories, 500 Assault / Violent Crime Victories, 63-65 Homicide Victories, 64 Homicide Reduced, 79F Second Degree Murder Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. P (DMC No. 17652)

State v. Mr. P (DMC No. 17652) – Felony First Degree Murder and Felony Kidnapping – Reduced to Second Degree Murder (with 25 Years DOC) – Maricopa County Superior Court (Case No. CR2021-138129)

Mr. P was 18 years old and had only ever had one girlfriend.  After he broke up with his girlfriend, she began dating another man approximately one month later.  During that relationship, she would contact Mr. P and claim that she was being abused by her new boyfriend.  Mr. P was even shown bruises by his ex-girlfriend.

Mr. P was being led to believe that his ex-girlfriend wanted to get back together with him, and that she needed his protection.  He showed up one night at her house in order to “win her back,” but when he got there he realized that she was inside her parents’ house with her new boyfriend.  He waited outside until the new boyfriend climbed out of the window and was walking towards his vehicle.  At that point, Mr. P Kidnapped the other man at gunpoint and had him drive his own vehicle.

When they were driving, a struggle ensued over the Victim’s cell phone, and the Victim was fatally shot in the truck.  At that point, Mr. P started having a “break from reality,” and drove the body out to the desert.  When the body was found it was completely unclothed, and rocks were piled on the face and the groin area “in order to prevent animals from getting to those areas.”  Clearly, Mr. P was struggling with his own actions.

After that occurred, Mr. P went home and eventually confessed that night to his brother and his father.  His father called the Police and Mr. P was cooperative and confessed to the crime, and then he took the Police to the body.  He was ultimately charged with First Degree Murder, and the State was seeking Natural Life in Prison.  This is when his family hired DM Cantor in order to defend the case.

After obtaining extensive medical records, DM Cantor then arranged to have Mr. P conduct a psychological examination.  While this was going on, we also had a Mitigation Expert interview all of Mr. P’s family and friends, and secure all of his medical and school records.  In addition, DM Cantor had a Neuropsychological Evaluation conducted on Mr. P.  Eventually, a Settlement Conference Memorandum was prepared, and with the help of several Judges, we were able to negotiate a Plea to 25 years in Prison, to be followed by 7 years of Probation.  Instead of serving Life in Prison, Mr. P will be released when he is 43 years old, and he will have many decades of life in front of him.

December 23, 2021
Posted on Author By dmcantor Categories 1 DUI / Vehicular Crime Jury Trial Complete Acquittals, 1000 Complete Jury Trial Acquittals / All Criminal Charges, 16 Miscellaneous Vehicular Crimes Victories, 200 DUI / Vehicular Crime Victories, Case Victories

State v. Ms. S (DMC No. 16918)

Not Guilty/Complete Acquittal at Jury Trial – Reckless Driving – State v. Ms. S (DMC No. 16918) DEC 8, 2021 – (Scottsdale City Court No. TR2021-008788).

Ms. S was coming from her home in North Scottsdale to her job in central Scottsdale where she served as a CFO.  As she was driving in the middle lane down Shea Road heading toward 92nd Street, another car was revving its engine and continually speeding next to Ms. S’s vehicle at a close distance.  She became concerned, and sped up in order the pass the vehicle and get into the left lane.

At this time, a Scottsdale police officer was on a motorcycle and was conducting radar speed enforcement.  Subsequently, he pulled Ms. S over and stated that she was travelling 78 miles per hour in a 45 zone, and he then cited her for Criminal Speeding per ARS 28-701.02 (21 miles or more than the speed limit), and for a criminal Reckless Driving per ARS 28-693 (reckless disregard for the safety of persons or property).  The Criminal Speeding charge carried 3 points on a person’s license if convicted, and the Reckless Driving charge carried 8 points on a person’s license if convicted.

Ms. S then retained our services to challenge the Reckless Driving charge.  During our investigation efforts, while we were interviewing the Officer, it was discovered that there were high-power tension lines over that area where he was conducting his radar enforcement.  This could adversely affect his reading.  In addition, we challenged the calibration of his radar device.  In front of a Jury, all of these issues were brought forward and they ultimately returned a verdict of Not Guilty at Jury Trial.  As to the Criminal Speeding ticket, that was decided by the judge in what is known as a “bench trial,” which was conducted at the same time as the Jury Trial.  Ultimately, Ms. S paid a small fine and only had 3 points on her license.  Because she was found Not Guilty at Jury trial, this incident did not adversely affect her standing as a CFO of her company.

November 23, 2021
Posted on Author By dmcantor Categories 1 DUI / Vehicular Crime Jury Trial Complete Acquittals, 1000 Complete Jury Trial Acquittals / All Criminal Charges, 200 DUI / Vehicular Crime Victories, Case Victories

State v. Mr. M (DMC No. 16782)

Not Guilty/Complete Acquittal at Jury Trial – DUI and DWI (.088 BAC) – State v. Mr. M (DMC No. 16782) – JUN 17, 2021 – (Phoenix City Court No. 5354541).

Mr. M had gone to dinner with his wife at Durant’s restaurant, where they ate a full meal and had a bottle of wine.  He then went with his wife to watch the Bob Dylan concert in downtown Phoenix.  On the way home, an Officer claimed at an off-ramp on theI-17 that Mr. M had run through a red light.  He subsequently pulled Mr. M over, and took him to a DUI Task Force van.

The only test he gave in the field was the Horizontal Gaze Nystagmus (i.e., the eye test).  During that test he found only four out of the six cues necessary to determine if somebody was impaired by alcohol.  In addition, Mr. M was 61 years old and had various physical problems.  The Officer stated that the reason he only gave the HGN test was that they were near heavy traffic on the freeway.  He also tried to use that as an excuse as to why he did not find all cues during the eye test.

In front of a Jury, we were able to demonstrate all of these flaws, along with having proof that Mr. M had drank only half a bottle of wine, which would not have allowed for his blood alcohol content to be above the legal limit.  We discredited the State’s BAC test of .088, and the Jury came back Not Guilty on all charges.  This was very important, because Mr. M worked at a manufacturing plant that had various government contracts, and required all employees to have clean criminal records.

November 23, 2021
Posted on Author By dmcantor Categories 1 DUI / Vehicular Crime Jury Trial Complete Acquittals, 1000 Complete Jury Trial Acquittals / All Criminal Charges, 200 DUI / Vehicular Crime Victories, Case Victories

State v. Ms W – (DMC No. 16810)

Not Guilty, Complete Acquittal at Jury Trial – DUI and DWI (.107 BAC) – State v. Ms W – (DMC No. 16810) – JUL 29, 2021 – (Surprise City Court No. TR2019-00313).

Ms W was coming home from a restaurant in Surprise by the name of Eagles.  She had approximately two glasses of wine with dinner and was traveling 35 miles per hour in a 45-mile zone.  The Surprise Police Officer claimed that she ran a light, and then he followed her for almost two miles.  He claimed that when she made a turn, she struck a curb, and that’s when he pulled her over.  On the citation, the Officer put the time of driving as 10:23 at night (instead of 9:45).  When he conducted field sobriety tests, he received only 4 cues out of 6 on the HGN (eye test).  He subsequently placed Ms W under arrest and she produced a breath test, which resulted in a .107 blood alcohol concentration.

After Ms W hired our law office, we began our investigation.  Ms W was 72 years old at the time she was stopped, and had various medical issues.  At Trial, all of these issues were brought up, which nullified most of the field sobriety tests.  In addition, we were able to show that traveling at 10 miles below the speed limit did not constitute one of the 24 night-time indicators of DUI impairment as established by the National Highway Traffic Safety Administration (NHTSA).  Ultimately, the Jury came back Not Guilty on all charges, and Ms W was greatly relived that she did not have to spend time in jail.

November 23, 2021
Posted on Author By dmcantor Categories 1 DUI / Vehicular Crime Jury Trial Complete Acquittals, 1000 Complete Jury Trial Acquittals / All Criminal Charges, 200 DUI / Vehicular Crime Victories, Case Victories

State v. Ms G (DMC No. 16890)

Not Guilty/Complete Acquittal at Jury Trial – Super Extreme DWI (.289 BAC), Extreme DWI, DUI and DWI – State v. Ms G (DMC No. 16890) NOV 18, 2021 – (Peoria City Court (Case NO. TR2019-000322).

Ms G had dinner and several drinks at Legends Sports Bar in Peoria, Arizona.  She had medical issues which caused her feet to swell, so she left the bar and went to her parked car, turned on the engine in order to run the heater while she had her shoes off.  Her son worked across the street at the Lowe’s Department Store, and she was waiting for him to get off work.  He was then going to drive them both home.

It turned out that somebody had seen her leave the bar and thought she was intoxicated.  This person had called 911 and reported that there was a “drunk woman inside of her running car.”  The police then showed up and began the DUI investigation against Ms G.  Ms G explained she was a nurse, she was merely waiting for her son to get off work, and that she had called him and he could explain everything.  The police still arrested her for DUI and claimed that she was “in Actual Physical Control” of her vehicle.

She was subsequently taken to a police station where a blood draw was conducted.  Her blood results revealed a .289 blood alcohol content. She initially had hired another attorney in town, who had reviewed the case and had advising her to plead guilty to a super extreme DUI.  She then contacted our firm and we explained that she was not in Actual Physical Control because she intended to use her vehicle as temporary shelter while waiting for her son.  There was no indication that she ever intended to drive.  Although the prosecutor was stubborn, and would not listen to us, we set the case to Trial.  After a two-day trial, the Jury returned Not Guilty verdicts on all counts.  This was very important, as Ms G was a registered nurse, and a DUI conviction could have cost her her license.

July 21, 2020
Posted on Author By dmcantor Categories 100J Obstruction/Hindering Operation Victories, 13-15 Vehicular Aggravated Assault Victories, 14 Vehicular Aggravated Assault Reduced, 200 DUI / Vehicular Crime Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, 800 Miscellaneous Crime Victories, Case Victories

State v. Mr. B (DMC No. 14374)

State v. Mr. B (DMC No. 14374) – Felony Aggravated Assault Dangerous (Car v. Police Officer) and Misdemeanor Obstructing Governmental Operations – Reduced to Attempted Aggravated Assault with Probation and 90 Days in Jail – Maricopa County Superior Court (Case No. CR2016-146209).

Mr. B was a 67-year old man who had an anxiety disorder. He had gone to Fry’s in order to pick up a prescription for his medication and some groceries. An hour later when he left the Fry’s store, he got into his vehicle and drove towards the exit, where he saw an Officer parked diagonally blocking the entrance to the street. The officer was there working on a different case/arrest.

As Mr. B approached the Officer, he asked the Officer to move his car and the Officer said no. The Officer claimed that Mr. B was screaming at him. The officer then stated that Mr. B got into his car and slowly drove at him and then accelerated rapidly. The Officer claimed he jumped to the side and pulled out his firearm, at which point Mr. B stopped his car. He then came up to Mr. B and holstered his weapon and asked for Mr. B’s license. Per the Officer, Mr. B then put his car in reverse and attempted to flee again. Mr. B was stopped by other Officers in the parking lot and he refused to get out of the vehicle. He was then forcibly removed and arrested for Felony Aggravated Assault Dangerous on a Police Officer and Misdemeanor of Obstructing Governmental Operations.

Once we became involved, we retrieved all of Mr. B’s medical records in order to present them as mitigation to the Prosecutor. In addition, we interviewed all of the other Officers involved, and the stories were not matching up. We also presented evidence of his military service in Vietnam and his long-term employment with the United States Postal Service. Mr. B had also performed numerous prior good acts of community support, he had strong family contributions and responsibilities, he lacked prior bad acts, he had good character reputation, he was filled with remorse, and he behaved admirably during his pretrial phase.

The Prosecutor ultimately agreed to a plea of Attempted Aggravated Assault with a 90-day jail sentence. At Sentencing, the Prosecutor wanted 3 years of Probation, and the victim/Police Officer wanted 90 days of flat jail time. The Judge ultimately only imposed 2 years of Probation and allowed the 90 days to be served in the infirmary due to Mr. B’s health conditions. Originally, Mr. B was facing 10.5 to 21 years in prison  if he were to be convicted on the Aggravated Assault Dangerous on a Police Officer.

July 17, 2020
Posted on Author By dmcantor Categories 13-15 Vehicular Aggravated Assault Victories, 14 Vehicular Aggravated Assault Reduced, 200 DUI / Vehicular Crime Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, 63-65 Homicide Victories, 64 Homicide Reduced, Case Victories

State v. Mr. L (DMC No. 15039)

Mr. L had been suffering from stress-related depression and other mental illness issues. He was in a volatile relationship with his girlfriend and they had often argued. After one of their nights of arguing, he called the next morning and told her that she better come over to his house or he was going to choke her. He then called back again and told her he was going to cut himself and start bleeding if she didn’t come over. Finally, he called back and said he was going to come and find her and choke her.

His girlfriend decided to leave home and drive to work, and while on the way she recognized Mr. L’s vehicle pull up behind her. Eventually his vehicle got in front of her and he swerved at her trying to strike her. He did hit her car and both vehicles ended up falling down a ravine on the side of the road. He then left his vehicle and began choking his girlfriend for approximately 30 seconds until other witnesses ran up and stopped the incident. He was ultimately charged with Attempted 1st Degree Murder and Vehicular Aggravated Assault Dangerous.

After we became involved with the case, we gathered up all the medical records regarding Mr. L’s mental illness. We also had a neuro-psychological evaluation conducted to show that he had ongoing issues which could be successfully treated. After all interviews were completed, a Deviation letter was prepared and sent to Prosecution. Speaking with the Prosecutor, we got him to agree to drop the case down to a Class 6 Undesignated Felony for Endangerment and a Class 6 Undesignated Felony for Aggravated Assault. At sentencing, the Judge only gave two years of probation and did not order any jail time. Initially, Mr. L was facing decades in prison.

December 6, 2019
Posted on Author By dmcantor Categories 1 DUI / Vehicular Crime Jury Trial Complete Acquittals, 1000 Complete Jury Trial Acquittals / All Criminal Charges, 200 DUI / Vehicular Crime Victories, Case Victories, Prescott City Court Victories

State v. Mr. B (DMC No. 16066)

Not Guilty/Complete Acquittal at Jury Trial – DUI & DWI ( .109 BAC) – State v. Mr. B (DMC No. 16066) – Dec 6, 2019 – Prescott City Court (Case No. TR2018-000345): Mr. B was seen in the city of Prescott leaving a local beer festival. The officer claimed that Mr. B failed to stop at a stop sign while traveling north on Mount Vernon Street. Once he was stopped, the officer smelled an odor of alcohol and a DUI investigation ensued. Mr. B was subsequently arrested and taken to the police station.

Once he was there, he was given a breath test which showed .087 blood alcohol concentration and a blood test that showed his blood alcohol concentration was .101. At trial, we were able to suppress the Intoxilyzer reading due to the device being taken out of service for an unknown reason. The police could not explain in the maintenance logs why that machine had to be removed, and the judge suppressed the evidence of the two breath tests. As to the blood test, the temperature storage record was not produced at trial, which raised doubts as to the validity of the blood reading. In addition, the auto-pipettor pulled more than 100 microliters, which had the potential to artificially inflate Mr. B’s reading. Lastly, Mr. B performed extremely well on the officer’s body camera video, and it showed that the officer was not being truthful when he was testifying. The jury came back with a Complete Acquittal on all charges.

November 5, 2019
Posted on Author By dmcantor Categories 1 DUI / Vehicular Crime Jury Trial Complete Acquittals, 1000 Complete Jury Trial Acquittals / All Criminal Charges, 200 DUI / Vehicular Crime Victories, Case Victories, West Mesa Justice Court Victories

State v. Ms. D. (DMC No. 15986)

Not Guilty/Complete Acquittal at Jury Trial – Super Extreme DWI (.224 BAC), Extreme DWI, DUI and DWI – State v. Ms. D (DMC No. 15986) – Nov 5, 2019 – West Mesa Justice Court (Case No. TR2018-161434): Ms. D had been at work, at a local hotel, speaking with a co-worker whose dog had recently drowned in a swimming pool.  While they were talking they decided to have a couple glasses of wine after work.  On her way home at the 101 and McDowell, she was pulled over by a DPS Officer.  The Officer smelled alcohol and subsequently put her through various Field Sobriety Tests and arrested her.

When she arrived at the station, she was asked to provide a sample of blood.  That blood sample came back with a .224 BAC.  During Jury Trial, the Prosecutor failed to illicit the exact time of the stop during the Officer’s testimony.  After the State rested, we made a Motion to Suppress the blood alcohol reading because there was no proof that the blood was drawn within two hours of actually driving.  The Judge agreed with our Directed Verdict motion and entered a verdict of Not Guilty on the Super Extreme DWI, the Extreme DWI and the DWI.  After the defense trial was put on regarding the remaining charge of DWI, the jury returned a verdict of Not Guilty on that charge also.  At that point, the Judge even entered a finding of Not Responsible for the original swerving ticket that Ms. D was cited with.  This resulted in a Complete Acquittal of all criminal charges and a Dismissal of the only civil charge that was remaining.

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