November 22, 2011

November 22, 2011 By dmcantor 1500 Expungement Victories, 16l DUI Expungement Victories, 200 DUI / Vehicular Crime Victories, Case Victories, City Court Victories, Scottsdale City Court Victories

State v. Mr. F (DMC No.)

CONVICTION SET ASIDE | DUI – (Scottsdale City Court No. 2006-017984CR): Mr. F. had been convicted of a DUI one year prior in the City of Scottsdale. He was a practicing physician with over 21 years experience. In order to keep his position on various medical association boards and continue interacting with the State Legislative Affairs Committee on medical issues, it was necessary to have his conviction set aside. Once we proved to the judge that Mr. F.’s DUI arrest was a one-time issue, the judge set aside the judgment of guilt regarding Mr. F.’s DUI conviction.

November 17, 2011

November 17, 2011 By dmcantor 1500 Expungement Victories, 16l DUI Expungement Victories, 200 DUI / Vehicular Crime Victories, Case Victories, City Court Victories, Mesa City Court / Mesa Municipal Court Victories

State v. Mr. T (Case No. 2004-059564)(DMC No.)

CONVICTION SET ASIDE | DUI – State v. Mr. T. (Mesa Municipal Court No. 2004059564): Mr. T. had been convicted of a DUI approximately two years earlier. Mr. T. was now a Senior Graphic Designer at his business, and he needed the conviction to be expunged in order to continue being promoted at work. We were able to show the judge that he had turned his life around and had gone through counseling. The judge then set aside Mr. T.’s judgment of guilt for DUI.

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November 17, 2011

November 17, 2011 By dmcantor 112 Other Vehicular Crimes Pre-Charge Victories, 13-15 Vehicular Aggravated Assault Victories, 15 Vehicular Aggravated Assault Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 500 Assault / Violent Crime Victories, 56 Felony Aggravated Assault Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. M (DMC No. 7079)

NOT CHARGED | VEHICULAR AGGRAVATED ASSAULT – Mesa, Arizona (DMC No. 7079): Mr. M. was involved in a motor vehicle accident in which the other drivers sustained numerous life-threatening injuries. When police arrived, Mr. M. and a second person in his car were standing outside. Although Mr. M. admitted to driving, it was found that the other person standing by the car was also impaired. There was some question by the witnesses as to who the actual driver was. Mr. M. subsequently provided a blood test which revealed a .161 BAC. In addition to the question of who the actual driver was, we were also able to question the telephonic search warrant and affidavit the police secured to draw Mr. M.’s blood. We were able to convince the County Attorney not to file any charges. Mr. M. was facing 5 to 15 years in prison.

November 17, 2011

State v. Mr. S (DMC No. 7090)

NOT CHARGED | VEHICULAR AGGRAVATED ASSAULT – Peoria, Arizona (DMC No. 7090): Mr. S. was traveling down a roadway in Peoria at approximately 40 mph at 11:00 o’clock at night when he was involved in a head-on collision. He had been drinking alcohol and witnesses claimed he had drifted over the center median. We were able to show that the other driver had misdemeanor warrants and a suspended license. Combined with questions involving the actual accident scene, we were able to convince the Maricopa County Attorney’s Office not to press charges. Mr. S. would have been facing 5 to 15 years in prison.

November 17, 2011

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

NOT CHARGED | VEHICULAR AGGRAVATED ASSAULT/HIT & RUN – State v. Mr. D.: Mr. D. was involved in a traffic accident in which the victim sustained a broken wrist. Due to identification problems, we were able to negotiate a civil settlement, and the State agreed to not file charges.

November 17, 2011

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

NOT CHARGED | VEHICULAR AGGRAVATED ASSAULT – Mr. C. was accused of driving drunk and going through a stop sign, thereby striking an individual and breaking his collar bone. Detectives had hospital workers hold down Mr. C. in order to obtain blood. There was no proper warrant and we were able to suppress the blood reading. Because no blood would be coming into evidence, the prosecutor did not file charges.

November 17, 2011

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

NOT CHARGED | VEHICULAR AGGRAVATED ASSAULT/HIT & RUN – State v. Mr. B.: Mr. B was accused of a Hit & Run accident with serious injury which occurred on the off-ramp of the freeway. Police indicated our client was the driver of the vehicle. We insisted that a photo-lineup be shown to the victim. The victim could not identify our client. After working out an agreement to pay damages through insurance, the Detectives declined to file any charges against Mr. B.

November 17, 2011

November 17, 2011 By dmcantor 13-15 Vehicular Aggravated Assault Victories, 14 Vehicular Aggravated Assault Reduced, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, Case Victories, Maricopa County Superior Court Victories

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

State v. Mr. J. (Maricopa County Superior Court No. 2003-124281CR): Mr. J. was backing his vehicle up when he struck a gate which fell on someone, resulting in a severe injury to the victim’s head and face. The police administered Field Sobriety Tests to Mr. J., and he performed poorly on them. Although he was initially charged with a Misdemeanor DUI, the prosecutor was looking into filing an Aggravated Assault Dangerous charge (which would carry a 5-15 year prison term) because a civil lawsuit had been filed against Mr. J. We were assisting the civil attorney who was defending the civil lawsuit, and convinced the prosecutor to leave the case as a Misdemeanor DUI. Mr. J. eventually received a Misdemeanor DUI with 1 day in jail.

November 16, 2011

November 16, 2011 By dmcantor 12 Hit and Run Reduced, 200 DUI / Vehicular Crime Victories, Case Victories, San Marcos Justice Court Victories

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

State v. Mr. P. (San Marcos Justice Court No. TR2006166071): Mr. P. was driving his friend’s car (in which his friend was a passenger), when they had a collision with the containment wall on the I-10. The passenger had struck his head, and Mr. P. drove to an apartment complex parking lot where parked the vehicle and walked away. His passenger then called 911 and police made contact with Mr. P. They were not going to arrest him for DUI because too much time had passed, yet they did cite him for Hit & Run. We were able to show that since his passenger knew who he was and where to find him, this was not truly “leaving the scene of an accident” without an exchange of information. The State agreed and amended the charge to a civil speeding ticket with a minor fine.

November 16, 2011

November 16, 2011 By dmcantor 12 Hit and Run Reduced, 200 DUI / Vehicular Crime Victories, Case Victories, City Court Victories, Mesa City Court / Mesa Municipal Court Victories

State v. Mr. B (Case No. 2006056073)(DMC No.)

(Mesa Municipal Court No. 2006056073): Mr. B. was driving with his wife when another vehicle pulled out directly in front of him. The other vehicle kept cutting off Mr. B. and was slamming on his brakes. The other driver slammed on his brakes and caused Mr. B. to rear-end him. The other driver took off, and Mr. B. pulled over to check out the damage to his vehicle. When Mr. B. was back on the roadway, the other driver pulled up next to him and said he had called police. We were able to show that Mr. B. had not absconded from the area, therefore the criminal charge was dismissed and he was issued only a speeding ticket.

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State v. Mr. F (DMC No.)

State v. Mr. T (Case No. 2004-059564)(DMC No.)

State v. Mr. M (DMC No. 7079)

State v. Mr. S (DMC No. 7090)

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

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

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

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

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

State v. Mr. B (Case No. 2006056073)(DMC No.)