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January 10, 2017
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, 908 Phoenix DUI Wins, Case Victories, Jury Trial Victories, Phoenix City Court / Phoenix Municipal Court Victories

State v. Ms. S (DMC No. 14160)

NOT GUILTY/ COMPLETE ACQUITTAL at JURY TRIAL, DUI and DUI (.082 BAC) – State v. Ms. S (DMC No. 14160) Jan. 10, 2017 (Phoenix City Court No. 5080338): Ms. S was traveling in her car northbound to get on the 51 freeway at Colter Street, when a motorcycle had come through the intersection. She struck the motorcycle and his passenger, and the Police were called. Ms. S indicated that she had the green light, and the motorcyclist stated that he had the green light. The motorcyclist was placed under arrest for DUI, then an investigation was began by Phoenix PD on Ms. S. The only sobriety field test given to Ms. S was the Horizontal Gaze Nystagmus (HGN), which showed only 4 of 6 cues. No other tests were given. She was taken to the station which she provided a blood test which revealed a .082 BAC.

At Jury Trial, we were able to show that the accident was not her fault. In addition, we attacked the blood testing device and argued that it was not properly calibrated and was revealing a blood alcohol reading which was too high. The Jury deliberated and returned charged of Not Guilty on all counts!

October 12, 2016
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4AA DUI Drugs Reduced, Case Victories, Flagstaff City Court Victories

State V. Mr. B. (DMC No. 12518)

Mr. B was a student at Northern Arizona University, and he had several of his dorm mates in his car when he pulled up to Sechrist Hall. Officers made contact and began a dui investigation. After Mr. B was arrested, a small film canister with an amount of marijuana was found inside. He also provided a blood test which revealed a .131 bac.

He was ultimately charged with dui drugs and hired our firm to represent him in the flagstaff justice court. Because mr. B was facing a dui drugs charge, he would have lost his license for 1 full year if he would have been convicted. We were able to convince the prosecutor to dismiss the dui drugs charge, and instead have mr. B simply pled to a regular alcohol dui with a minimum of 1 day in jail. Originally the prosecutor wanted 5 days in jail, but we presented mitigation evidence, along with mr. B’s school schedule in order to convince the prosecutor to offer the minimum 1 day in jail.

October 12, 2016
Posted on Author By dmcantor Categories 1400 Appeal/Post Conviction Relief/Habeas Corpus Victories, 16 Miscellaneous Vehicular Crimes Victories, 200 DUI / Vehicular Crime Victories, 600 Drug Crimes Victories, 86 Miscellaneous Drug Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. S (DMC No. 12505)

Approximately 3 years before ms. S hired our firm, she had been arrested while driving her vehicle. The police gave her a preliminary breath test which revealed no alcohol in her system. When ms. S refused to do field sobriety test’s, they arrested her and searched her vehicle. They found a tylenol bottle which contained various prescription drugs inside. They then charged her with dui drugs and possession of dangerous prescription drugs.

It was later shown that she did not have any impairing quantities of the drugs in her system while she was driving. In addition, she did have prescriptions for all of the medication found in her possession. At that time, the prosecutor agreed to dismiss all charges “in the interest of justice”. However, this arrest still appeared on her record and was causing her problems with employment. She then hired us to have her arrest record cleared by way of a “notation on the record”. We were able to explain to the judge all of the proceeding facts, and he agreed with our motion argument, and issued a “notation of cleared person on the record.” this resulted in cleaning up her arrest record, and that prior arrest no longer appears when employers run background checks regarding ms. S.

October 21, 2015
Posted on Author By dmcantor 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. N (DMC No. 6998)

(2 COUNTS) FELONY VEHICULAR SECOND DEGREE MURDER and (1 COUNT) FELONY HIT & RUN REDUCED to 19 YEARS in PRISON – State v. Mr. N (DMC No. 6998) (Maricopa County Superior Court No. CR2005-011605): In this high profile vehicular homicide case, Mr. N had blown through a red light and rear ended another vehicle containing 2 passengers. One of the passengers was pregnant at the time. Their car then struck a bus stop and bursts into flames. Both passengers inside burned to death. Mr. N then got out of his car and fled the scene. When he was apprehended, he was found to have cocaine in his system along with alcohol. He also had prior felony convictions. He was ultimately charged with 2 Counts of Second Degree Murder and 1 Count of Felony Leaving the Scene of a Fatal Accident.

The family hired us to attempt to challenge the evidence and secure the lowest possible prison offer for Mr. N. His initial plea offer was to stipulate to 25 years in custody. We then negotiated an offer to a range of 16-32 years in prison, with the  exact prison sentence to be left up to the Judge. After putting together an extensive Mitigation Package that include interviewing all if Mr. N’s family members, along with a history of his upbringing and drug dependency, we convinced the Judge to give a sentence of 19 years. The Prosecutor wanted 25-32 years. Our involvement helped shave 6 years of prison off of the original plea offer.

October 16, 2015
Posted on Author By dmcantor Categories 11 Hit and Run Dismissals, 15A Vehicular Homicide Victories, 200 DUI / Vehicular Crime Victories, 500 Assault / Violent Crime Victories, 63 Homicide Dismissals, 63-65 Homicide Victories, 79G Manslaughter Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. A (DMC No. 8667)

FELONY VEHICULAR MANSLAUGHTER and FELONY HIT & RUN DISMISSED – State v. Mr. A (DMC No. 8667) (Maricopa County Superior Court No. CR2005-134626): An individual was crossing the roadway near McClintock and Apache Boulevard in Tempe, Arizona, when he was struck and killed by Mr. A’s car. When the Police arrived in the area, they acted on a “hunch” and searched all neighboring apartment complexes. They saw Mr. A’s vehicle parked in a parking space concealed with a car cover. The Officer lifted up the car cover in order to inspect for damage. When he saw damage, he ran the license plate and ascertained Mr. A’s apartment number. Mr. A was then brought out, questioned and arrested for Vehicular Manslaughter and Felony Hit & Run.

We filed motions to have the entire case dismissed due to an “improper search” issue. The Officer could have sought out a search warrant before lifting the car cover but he did not do so. The Trial Judge agreed with us and ruled that this was an illegal search and all charges were Dismissed. Although the State Appealed to the Arizona State of Appeals and that decision was reversed, they choose never to re-file charges against Mr. A due to various other problems with the case.

October 13, 2015
Posted on Author By dmcantor Categories 1400 Appeal/Post Conviction Relief/Habeas Corpus Victories, 200 DUI / Vehicular Crime Victories, Case Victories

State v. Mr. B (DMC No. 11499)

SPECIAL ACTION GRANTED/ DETERMINATION of DEFENDANT’S INDIGENCY REQUIRED APPOINTMENT of FREE ATTORNEY – State v. Mr. B (DMC No. 11499) (Arizona Court of Appeals No.1 CA-SA 13-0179): Mr. B had retained our firm’s services for an Aggravated DUI charge. When it came time to have a Trial, he did not have the funds to proceed with our office to a Jury. In these situations, we normally withdraw as counsel record and have the defendant declared “indigent” in order to secure appointment of the Public Defender’s office. Because we have prepared the case in its entirety, the Public Defender merely needs to go to Trial to complete the case.

We sought to withdraw on Mr. B’s case. The Judge denied the motion and was, in essence, forcing us to do the Jury Trial and forcing Mr. B to pay our Trial fee in order to proceed to Jury. We filed a Special Action to the Court of Appeals, and three Judge panel agreed with us. The case was remanded back to Superior Court with instructions that the Trial Judge was to allow us to withdraw and appoint Mr. B a Public Defender (free of charge) for purposes of his Jury Trial.

September 3, 2015
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, 911 Tempe DUI Wins, Case Victories, Jury Trial Victories, Tempe City Court / Tempe Municipal Court Victories

State v. Mr. C (DMC No. 13098)

NOT GUILTY/COMPLETE ACQUITTAL at JURY TRIAL| DUI & DWI (.127 BAC)– State v. Mr. C (DMC NO. 13098) Sep 3, 2015 (Tempe City Court Case NO. 14-048715): Mr. C was seen at 1:30 in the morning eastbound on Rio Salado Parkway approaching Scottsdale Road in Tempe, Arizona. Tempe Police Sergeant Cullins stated that as the light was changing from yellow to red, he was slowing down and Mr. C passed him on his left side and went through a red light. After Mr. C was pulled over, he was put through various Field Sobriety Tests and the Officer arrested him for DUI.

At Trial, we presented evidence that the Officer saw only 4 of 6 Cues of HGN (The Eye Test). We presented evidence that Mr. C had a natural Nystagmus which causes his eyes to involuntary jerk side to side. Therefore, the State’s HGN test was invalid. In addition, we showed that there was evidence of potential “mouth alcohol,” which could have affected the breath testing device. At the end of the Jury Trial, it took only 20 minutes for the Jury to come back with a Not Guilty verdict on all charges.

September 1, 2015
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, Scottsdale City Court Victories

State v. Mr. B (DMC No. 6074)

NOT RESPONSIBLE/ COMPLETE ACQUITTAL at BENCH TRIAL: FAILURE to YIELD to AVOID A COLLISION – State v. Mr. B (DMC No. 6074) (Scottsdale City Court TR2006-000401): Mr. B was in his car with his wife at Stagecoach Road approaching Pima Road in Scottsdale, Arizona. After they had looked both ways, he made a right hand turn slowly, and another car struck him. The driver of the other car had a suspended license. At Bench Trial, we argued that the other driver did not have his headlights on and also was not paying attention as there was no skid on the roadway. The Judge agreed with us and Dismissed the charge of Failure to Control Speed to Avoid a Collision. Because of the seriousness of the accident, Mr. B would have been put at risk for an extremely large civil settlement if he would have lost at trial.

September 1, 2015
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300A Complete Bench Trial Acquittal / All Criminal Charges, 16M Criminal Speeding Victories, 200 DUI / Vehicular Crime Victories, 2A Vehicular Crimes Bench Trial Victories, Case Victories, San Tan Justice Court Victories

State v. Ms. C (DMC No. 9559)

NOT RESPONSIBLE/ COMPLETE ACQUITTAL at BENCH TRIAL: SPEEDING – State v. Ms. C (DMC No. 9559) (San Tan Justice Court CT2010-254278): Ms. C was a school bus driver for the Higley School District. As she was transporting kids home, there was a vehicle illegally parked in front of a Fire Hydrant that was also sticking out in the roadway. Ms. C made a turn and apparently the back of her bus scrapped the other car. The incident was reported by one of the children on the bus, as Ms. C was unaware there had been an accident. At Bench Trial, we were able to show the Judge that the other vehicle was illegally parked near the school and had, in essence, placed itself in harm’s way. The Judge agreed and the charge of Failure to Control Speed to Avoid an Accident was Dismissed.

September 1, 2015
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300A Complete Bench Trial Acquittal / All Criminal Charges, 16H Reckless Driving Victories, 200 DUI / Vehicular Crime Victories, 2A Vehicular Crimes Bench Trial Victories, Case Victories, Scottsdale City Court Victories

State v. Mr. S (DMC No. 8519)

NOT GUILTY/ COMPLETE ACQUITTAL at BENCH TRIAL: RECKLESS DRIVING – State v. Mr. S (DMC No. 8519) (Scottsdale City Court TR2008-028574): Mr. S was a juvenile who was attending Desert Mountain High School and was driving out of the parking lot as school let out.  An off-duty Police Officer who acted as a Security Officer was attempting to direct traffic for 2 exits simultaneously. Mr. S began to turn right when the Officer stepped in front of his car to waive him off. As Mr. S was going 3-5mph, he struck the Officer and ran over his foot. At Bench Trial, we were able to show the Judge that this was not an intentional act and he was not in “reckless disregard” for the safety of another person. The Judge agreed with us and found Mr. S Not Guilty of Reckless Driving.

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