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August 2, 2003
Posted on Author By dmcantor Categories 16 Miscellaneous Vehicular Crimes Victories, 200 DUI / Vehicular Crime Victories, Case Victories

State v. Mr. C (DMC No. 8036)

Mr. C was captured on photo radar traveling more than 11 miles per hour over the speed limit in the town of Paradise Valley. He was subsequently charged with Speeding per Arizona Revised Statute ARS 28-701A. We went into court and argued that Mr. C could not be identified in the ticket without him actually being present or without the Prosecutor having a witness to identify him. The Prosecutor agreed, and reduced the charge to a “No Points” Ticket of Waste of a Finite Resource under Arizona Revised Statute ARS 28-702.01(A).

June 2, 2003
Posted on Author By dmcantor Categories 16 Miscellaneous Vehicular Crimes Victories, 200 DUI / Vehicular Crime Victories, Case Victories, Mesa City Court / Mesa Municipal Court Victories

State v. Mr. O. (DMC No. 6239)

Mr. O was driving a commercial truck which had a heavy loader improperly secured on the flatbed. He was then pulled over and written numerous tickets under Arizona Revised Statute ARS 13-5204. The code violations included No Log Book under 395.(8)(A); a Fuel Line Violation under 393.65(F); Improper Chains on Load under 393.130(C); Defective Brake Warning Device under 393.51; Brakes Out of Adjustment under 396.3(A)(1); and Unsafe Operation of a Vehicle under 396.7. If Mr. O had been held responsible for all of these violations, it would have caused him thousands of dollars and the loss of his Commercial Driver’s License. By reducing all charges to 1 Count of Unsafe Operation, he paid a small fine and kept his driving privileges.

April 4, 2001
Posted on Author By dmcantor Categories 16 Miscellaneous Vehicular Crimes Victories, 200 DUI / Vehicular Crime Victories, Case Victories, East Mesa Justice Court Victories

State v. Mr. T. (DMC No. 4400)

Mr. T was seen by a DPS Officer in the area of Sossaman and Rittenhouse speeding and attempting to pass in an unsafe manner. He was pulled over and given a verbal warning. 20 minutes later, the Officer claimed that Mr. T passed him at the location of Baseline and Power Road and “burned or chirped” his tires. He was then pulled over and cited for Exhibition of Speed under Arizona Revised Statute ARS 28-708(A). We were able to show the Prosecutor that Mr. T was merely attempting to make the light, and that the Officer was upset at Mr. T for the incidence that happened 20 minutes earlier. The Prosecutor agreed to reduce the criminal ticket down to a simple civil Speeding and Weaving ticket with a small fine.

December 19, 2000
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 9 Felony Aggravated DUI’s Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. F. (DMC No. 7196)

REDUCED | 3rd Offense Felony Aggravated DUI, State v. Mr. F. (DMC No. 7196) (Maricopa County Superior Court No. CR 2006-174415): Mr. F. had 2 prior felony DUI’s in which he had gone to prison. He had now had a 3rd felony DUI and was facing 6 to 15 years in prison (with 10 years being the presumptive sentence). Initially, Mr. F. was utilizing a Public Defender and had been given a so called “final offer” of 4.5 years in prison. We were able to take over the case and file Motions regarding No Reasonable Suspicion to Stop and No Probable Cause for Arrest. Ultimately, the prosecutor agreed to withdraw the allegations of the 2 prior felony DUI’s and offered a 1st offense DUI with a mitigated sentence of 1.5 years in prison. Mr. F. ended up actually serving only 12 months in custody.

November 16, 2000
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 79B Endangerment Victories, 8 Felony Aggravated DUI Dismissals, Case Victories, Maricopa County Superior Court Victories

State v. Mr. P (DMC No.)

DISMISSED | FELONY AGGRAVATED DUI & FELONY ENDANGERMENT – (0071622CR): Mr. P. was cited for an alleged Felony Aggravated DUI and Felony Endangerment after a car accident. We were able to show that the accident was not caused by Mr. P., nor he was impaired while driving. In addition, we were able to show that he possessed a valid license at the time he was driving, therefore, there was no basis for the Felony DUI. All charges were dismissed.

November 16, 2000
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 8 Felony Aggravated DUI Dismissals, Case Victories

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

DISMISSED | FELONY AGGRAVATED DUI – (010141CR): Mr. D. was a student who was stopped by ASU Police and charged with Aggravated DUI. Officers indicated they could smell an odor of marijuana and took Mr. D. to the station for a DUI investigation. After speaking with our attorneys, Mr. D. asked to be released to get an independent chemical test of his blood. The officer denied him that right, and we were able to persuade the Maricopa County Attorney’s Office to not file charges.

November 16, 2000
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 79B Endangerment Victories, 8 Felony Aggravated DUI Dismissals, Case Victories, Maricopa County Superior Court Victories

State v. Mr. R (Case No. CR02-00323FE)(DMC No.)

DISMISSED | FELONY AGGRAVATED DUI & FELONY ENDANGERMENT (Maricopa County Superior Court, CR02-00323FE): Mr. R. was stopped for an alleged Felony Endangerment and Felony DUI, due to the fact that his license was suspended at the time of driving. Although the State had filed an allegation of Dangerousness, thereby making the penalty 1.5 years in prison for the Felony Endangerment charge, we were able to get all charges dismissed.

November 16, 2000
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 9 Felony Aggravated DUI’s Reduced, Case Victories

State v. Mr. B (DMC No.)

State v. Mr. B. (2002091340CR): Mr. B. was stopped for a DUI in which he had 2 prior DUI’s and a suspended license. This made this DUI a felony, or Aggravated DUI. Initially the prosecutor was offering 4 months in prison. We were able to argue that he was not suspended at the time he was actually stopped, and were able to secure a Second Offense Misdemeanor DUI with only 60 days in jail.

November 16, 2000
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 8 Felony Aggravated DUI Dismissals, Case Victories, Maricopa County Superior Court Victories

State v. Mr. Z (DMC No.)

DISMISSED | FELONY AGGRAVATED DUI (Maricopa County Superior Court No. CR2003-033448): Mr. Z. had 2 prior DUI’s. He had not had a DUI in over a year when Chandler Police Department showed up and arrested him for a warrant for an alleged aggravated DUI. We were able to show through a double jeopardy motion that once he had plead to his second DUI, jeopardy attached and he could not now be charged with a felony. Subsequently we had the prosecutor file a Motion to Dismiss all charges.

September 28, 2000
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 2000 Juvenile Court Victories, 4AA DUI Drugs Reduced, Case Victories

State v. Mr. E (DMC No. 5045)

REDUCED | DUI DRUGS (Cocaine, methamphetamine, marijuana) REDUCED to DUI ALCOHOL – State v. Mr. E. (DMC No. 5045) (Maricopa County Juvenile Court JV538791): Mr. E. was stopped for allegedly rolling through a stop sign.  Upon contact, the officers stated that he had smelled of alcohol.  He admitted to drinking 1 beer, then they asked him about marijuana.  When he admitted smoking, he was placed under arrest and a urine sample was taken, which showed cocaine, methamphetamine, and marijuana.  Mr. E. was facing the loss of his license until he was 21, followed by another 1 year suspension due to the DUI drugs.  We were able to keep the case in juvenile court, and he has no drug conviction on his record because we had the case reduced to an “alcohol” charge.

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