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

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

(West Mesa Justice Court No. 02-8625CR): Mr. B. was accused of recklessly changing lanes and traveling at a high rate of speed. He performed Field Sobriety Tests and provided a .104 breath BAC. Due to various problems with the filing of discovery paperwork by the officer, the judge terminated prosecution shortly after our filing of a Notice of Appearance.

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. M (DMC No.)

DISMISSED | DUI (.103 BAC) (Phoenix Municipal Court No. 2833326CR): Mr. M. was stopped by City of Phoenix Police for an alleged DUI. He provided a .103 blood sample and requested to speak to his attorney. Because the police were going to release him, they did not comply with Mr. M.’s request. He was eventually released a couple of hours later. Because the police denied Mr. M.’s right to counsel, he could receive advice regarding obtaining an independent blood test for a hospital. Upon the filing of a Motion to Dismiss for Denial of Right to Counsel, the City of Phoenix Prosecutor’s Office dismissed all charges.

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

State v. Mr. W. (DMC No. 4436)

DUI (.103 BAC) DISMISSED – State v. Mr. W. (DMC No. 4436) (Flagstaff City Court CR2003-003654): On Halloween, Mr. W. pulled up to a red light in downtown Flagstaff and an Officer (who was standing there) began talking to him.  The Officer saw through the open window that Mr. W. had an open beer between his legs.  He subsequently had Mr. W. exit the car and began conducting field sobriety tests.  Once he was taken to the police station, he provided a .103 breath test and was booked into jail overnight.  Due to the questionable nature of the stop, combined with the fact that there was no improper driving, we secured a dismissal of the DUI charge.

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. W. (DMC No.)

DISMISSED | DUI (.103 Blood) (Phoenix Municipal Court No. 2846389CR): Mr. W. was stopped by City of Phoenix Police, who claimed he was weaving in his lane. A warrant was subsequently obtained to draw Mr. W.’s blood, which revealed a .103 BAC. Mr. W. had asked to be released so he could get his own blood test at a hospital, but the police did not comply. We filed a Motion based upon the denial of his right to get an independent test, and the State moved to dismiss all charges.

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

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

DWI DISMISSED – State v. Ms. S. (Hassayampa Justice Court No. TR-2006144957000): Ms. S. made a u-turn and clipped a curb, thereby causing a flat tire. She was driving 5 miles per hour to get a well-lit area when a cop pulled her over. The officer changed her tire for her and spoke with her for about 15 minutes. It suddenly dawned on him that he smelled an odor of alcohol, and he arrested her for DWI. While at the station, she attempted two breath tests: the first one failed and the second one revealed a .102 BAC. We were able to convince the prosecutor to subsequently dismiss the case based on the weakness of the State’s case.

January 28, 2014
Posted on Author By dmcantor Categories 1500 Expungement Victories, 16H Reckless Driving Victories, 16M Criminal Speeding Victories, 200 DUI / Vehicular Crime Victories, Case Victories, City Court Victories, Tempe City Court / Tempe Municipal Court Victories

State v. Ms. K (DMC No. 10698)

CONVICTION SET ASIDE | RECKLESS DRIVING – State v. Ms. K. (DMC No. 10698) (Tempe City Court 2011-028905): Ms. K. had been cited for a DUI which was reduced to a reckless driving.   She subsequently completed all classes and probation, and wished to go on to New Jersey in order to teach.  We were able to have the court set aside her judgment of guilt, and the complaints against her were dismissed in full.

January 28, 2014
Posted on Author By dmcantor Categories 1500 Expungement Victories, 16D Vehicular Endangerment Victories, 16l DUI Expungement Victories, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 79B Endangerment Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. M (DMC No. 10769)

CONVICTION SET ASIDE and CIVIL RIGHTS RESTORED/FELONY VEHICULAR ENDANGERMENT – State v. Ms. M. (DMC No. 10769) (Maricopa County Superior Court CR2009-175984): Ms M. had been driving on the freeway, when another vehicle had engaged her in a “road rage”.  Eventually, Ms. M. had slammed on her brakes and the other vehicle was involved in a car accident.  Ms. M. was eventually charged with endangerment, and plead guilty.  Since that time, she completed probation and the matter was designated a misdemeanor.  We were able to petition the court to have the judgment of guilt set aside and her civil rights restored. The complaints against her were dismissed.

January 28, 2014
Posted on Author By dmcantor Categories 1400 Appeal/Post Conviction Relief/Habeas Corpus Victories, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. B (DMC No. 5214)

CONVICTION REVERSED | EXTREME DUI (.190 BAC) – State v. Ms. B. (DMC No. 5214) (Maricopa County Superior Court LC 2000-000602): Ms. B. was involved in a single car accident which caused $27,000 worth of damage to her vehicle.  The officer subsequently put her through field sobriety tests, and upon her arrest she asked for an attorney.  During the trial, the Prosecutor asked questions designed to notify the jury that Ms. B. had invoked her right to counsel.  Ms. B. was ultimately convicted.  The case was appealed from the City of Phoenix to the Superior Court level, where the Lower Court of Appeals Judge reversed her conviction.  She was subsequently granted a new trial.

January 23, 2014
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, Case Victories, Maricopa County Superior Court Victories

State v. Mr. A (DMC No. 9366)

VEHICULAR AGGRAVATED ASSAULT DANGEROUS (.219 BAC) WRONG WAY COLLISION on LOOP 101 with 2 VEHICLES (Involving Multiple Surgeries)  REDUCED to AGGRAVATED ASSAULT NON DANGEROUS/ENDANGERMENT with PROBATION and 3.5 YEARS in PRISON – State v. Mr. A. (DMC No. 9366) (Maricopa County Superior Court CR2009-007599):  Mr. A. had been drinking heavily and got onto the Loop 101 heading the wrong direction.  He ultimately struck two other vehicles which resulted in three separate individuals being injured.  Two of them required multiple surgeries, and one person had part of their finger amputated.  Although Mr. A. was originally facing 15 to 45 years in prison, we were able to enroll him in a rehab program and have him change his lifestyle.  We also showed the court that Mr. A. had changed the direction of his life and had become a more religious man who had renewed family support.  Ultimately, he was sentenced to only 3.5 years in prison, and was released after 2 years and 7 months with time off for good behavior.  He is now doing very well.

January 14, 2014
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300A Complete Bench Trial Acquittal / All Criminal Charges, 16 Miscellaneous Vehicular Crimes Victories, 200 DUI / Vehicular Crime Victories, 2A Vehicular Crimes Bench Trial Victories, Case Victories, Justice Court Victories, San Tan Justice Court Victories

State v. Mr. L. (DMC No. 10194)

NOT GUILTY/COMPLETE ACQUITTAL at BENCH TRIAL | AUTO DEALER WITHOUT a LICENSE – State v. Mr. L. (DMC No. 10194) (San Tan Justice Court TR2010-159658): Mr. L. was accused of properly owning a wholesale car dealership, and then improperly transferring ownership of those vehicles to a company that was not a licensed auto dealer. That company would then sell vehicles on EBay, thereby bypassing the need to pay any sales tax. His wholesale license only allowed him to sell to other wholesaler’s without paying sales tax. We were able to prove to the Judge that the transfer of title from his wholesaler to his unlicensed dealer business was not a “sale” under the statute. The Judge found Mr. L. not guilty of all charges.

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