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September 1, 2015
Posted on Author By dmcantor Categories 16J Driving on a Suspended License Victories, 200 DUI / Vehicular Crime Victories, Case Victories, Verde Valley Justice Court Victories

State v. Ms. K (DMC No. 8437)

DRIVING WHILE LICENSE SUSPENDED for FAILURE to INSTALL INTERLOCK DEVICE REDUCED to SPEEDING TICKET – State v. Ms. M (DMC No. 8437) (Verde Valley Justice Court TR2008-5514): Ms. M was stopped while travelling Westbound on El Rancho Bonito approximately a half mile west of Page Springs, Arizona. She was stopped by the Officer for traveling 35 in a 25mph zone. After the stop, the Officer discovered that she was required to have an Ignition Interlock Device on her vehicle due to a prior DUI conviction. He then arrested her for Driving With a Suspended License. Because Ms. B did not have the Interlock Device, she would have suffered a 1 year license suspension and Jail time if she were to be convicted. We were able to convince the Prosecutor to drop the Driving on a Suspended License charge due to the questionable nature of the stop, and the fact that she installed an Interlock Device immediately after being released from Jail. They then dismissed the Driving on a Suspended License charge and allowed Ms. M to plead to a simple speeding ticket.

September 1, 2015
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4AA DUI Drugs Reduced, 600 Drug Crimes Victories, 82A Possession/Paraphernalia Dismissals, Case Victories, Round Valley Justice Court Victories

State v. Mr. B (DMC No. 9016)

POSSESSION of DRUG PARAPHERNALIA DISMISSED / DUI DRUGS (MARIJUANA) REDUCED to REGULAR DUI (ALCOHOL) – State v. Mr. B (DMC No. 9016) (Round Valley Justice Court CR09-0142): Mr. B was coming back from a ski trip when he was stopped on State Route 260 at milepost 375 near Round Valley, Arizona. The Officer smelled the odor of Marijuana and had Mr. B exit his vehicle. He subsequently conducted a Drug Recognition Evaluation (DRE) and arrested Mr. B based on a DUI Drugs charged. After he was arrested, 3 small baggies of Marijuana were found. Due to the questionable nature of the stop at subsequent search, we were able to convince the Prosecutor to dismiss the Felony Possession of Marijuana/ Possession of Drug Paraphernalia charge. In addition, he converted the DUI Drugs charge to a DUI Alcohol charge.  If Mr. B were convicted of DUI Drugs, he would have had his license suspended for 1 full year. Because he was only being convicted of DUI Alcohol, he was able to get his license back after 30 days.

August 26, 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, Case Victories, Encanto Justice Court Victories, Jury Trial Victories

State v. Mr. S (DMC No. 13054)

NOT GUILTY/COMPLETE ACQUITTAL at JURY TRIAL| EXTREME DWI (.157 BAC), DUI & DWI with ACCIDENT – State v. Mr. S (DMC NO. 13054) Aug 26, 2015 (Encanto Justice Court Case NO. TR2014-153715): Mr. S had been with his wife at the Twin Peaks Brewery in order to watch a Cardinals game. They had eaten lunch and had some beers before they left. As they were driving on the I-10 freeway and exiting an off-ramp at 7th Street in Phoenix, he collided with a vehicle who stopped midway through a right hand turn. Once the Police arrived, Mr. S was put through various Field Sobriety Test’s and performed flawlessly. He was ultimately given a breath test with revealed a .157 BAC.

At Jury Trial we were able to show that the alleged BAC reading must have been flawed due to the perfect performance of Mr. S on his Field Sobriety Test’s. Both the arresting Officer and our expert agreed that there must be something wrong with the reading. The Prosecutor tried to argue (unsuccessfully) that the Officer wasn’t very good at his observations during the Field Sobriety Test’s. In other words, the Prosecutor tried to say he was a deficient Officer and that the Field Sobriety Test’s results should be discounted. The Jury did not buy that argument and found Mr. S Not Guilty of All Charges. He was facing 30 days minimum in Jail.

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August 19, 2015
Posted on Author By dmcantor Categories 112 Other Vehicular Crimes Pre-Charge Victories, 15A Vehicular Homicide Victories, 19 Vehicular Homicides/Manslaughter Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 500 Assault / Violent Crime Victories, 63-65 Homicide Victories, 65 Homicide Pre-Charge Victories, 79F Second Degree Murder Victories, 79G Manslaughter Victories, 79K Negligent Homicide Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. R (DMC No. 11737)

NOT CHARGED | VEHICULAR MANSLAUGHTER – State v. Mr. R. (DMC No. 11737) (Gilbert Police Department Investigated): Mr. R. was driving his car with his brother alongside him when he turned around a corner and began having a seizure.  The vehicle flipped, and Mr. R.’s brother died in the passenger seat.  Although no drugs or alcohol were involved, the case was routed to the Maricopa County Attorney’s Office to review for charges.  We were able to find several witnesses on the scene who stated that Mr. R. clearly looked to be having a seizure as he came around the corner.  In addition, we had Mr. R. subjected to an MRI of his brain which showed an “area of parenchymal signal abnormality”.  After almost 2 full years, the County Attorney declined to file any charges against Mr. R.

August 19, 2015
Posted on Author By dmcantor Categories 112 Other Vehicular Crimes Pre-Charge Victories, 115 Assault/Violent Crime 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, 63-65 Homicide Victories, 65 Homicide Pre-Charge Victories, 79G Manslaughter Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. T (DMC No. 6044)

NOT CHARGED | MANSLAUGHTER – State v. Mr. T. (DMC No. 6044) (Maricopa County Sheriff’s Office DR2005-095229): Mr. T. was driving along the roadway, when an elderly man rode his bicycle directly in front of Mr. T.’s his vehicle and he was struck and killed. Mr. T. was subsequently interviewed and provided a blood and urine sample. Although it came back with the presence of marijuana, we conducted interviews with other witnesses and a first officer on scene and it was determined that Mr. T. was not impaired. We convinced them not to file any charges against him for manslaughter. He did, however, receive a citation for misdemeanor DUI drugs. He was originally facing possible 7 to 21 years in prison, and ended up with a misdemeanor misdemeanor DUI drugs with 1 day of jail.

August 19, 2015
Posted on Author By dmcantor Categories 112 Other Vehicular Crimes Pre-Charge Victories, 115 Assault/Violent Crime Pre-Charge Victories, 15A Vehicular Homicide Victories, 200 DUI / Vehicular Crime Victories, 500 Assault / Violent Crime Victories, 63-65 Homicide Victories, 65 Homicide Pre-Charge Victories, 79F Second Degree Murder Victories, 79G Manslaughter Victories, 79K Negligent Homicide Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. W (DMC No. 6723)

NOT CHARGED | VEHICULAR MANSLAUGHTER NOT CHARGED – State v. Mr. W. (DMC No. 6723) (Navajo County DPS DR2006-026637): Mr. W. owned a logging truck company, and was running loads of lumber in the Pinetop Lakeside area.   He was returning with a load of lumber at dusk, when he saw an accident scene to the side of the road.  Roughly 10 miles down the road, he was stopped by police who asked him questions of whether he could have struck somebody in the roadway without knowing it. Subsequently, a search warrant was issued and his truck was seized.

We were able to intercept the case and convinced the Detective that charges should not be filed against Mr. W.  Due to the autopsy records, the alleged victim, a Native American man with a .199 BAC, apparently was laying in the roadway.  Due to the height of Mr. W.’s truck, and the position of his lights, if he did strike and cause the death of the alleged victim, he was not at fault.  We eventually convinced the Detective to not file charges and release Mr. W.’s truck back to his possession.

August 19, 2015
Posted on Author By dmcantor Categories 112 Other Vehicular Crimes Pre-Charge Victories, 19 Vehicular Homicides/Manslaughter Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 4A DUI Drugs Dismissals, 500 Assault / Violent Crime Victories, 600 Drug Crimes Victories, 63-65 Homicide Victories, 65 Homicide Pre-Charge Victories, 79G Manslaughter Victories, 81 Drug Crime Dismissals, 900 Pre-Charge Case Victories, Apache Junction City Court Victories, Case Victories, City Court Victories

State v. Mr. C (DMC No. 10610)

NOT CHARGED/DISMISSED | VEHICLUAR MANSLAUGHTER /DUI DRUGS (Marijuana)  – State v. Mr. C. (DMC No. 10610) (Apache Junction City Court TR20120026): A motorcyclist had been involved in a minor collision at Broadway Road & Meridian Road in Apache Junction. The motorcyclist then wandered around the car as Mr. C.’s car came up and struck and killed him.  Although no impairment was observed, the police ordered a blood draw from Mr. C., which revealed the presence of marijuana.  We filed a Motion to Suppress the blood draw, which was granted and the DUI drugs charge was dismissed.  We also were able to convince the prosecutors not to file charges for manslaughter as Mr. C. was not at fault for striking the motorcyclist.  No charges for manslaughter were ever brought.

August 12, 2015
Posted on Author By dmcantor Categories 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. L (DMC No. 4516)

VEHICULAR AGGRAVATED ASSAULT (.243 BAC) REDUCED to probation with 1 year of jail and work release – State v. Mr. L. (DMC No. 4516) (Maricopa County Superior Court CR2004-035234): Mr. L. was observed by police driving in an erratic manner.  Subsequently, a car chase ensued in which several cars were struck, including the police officers.  Mr. L. was taken into custody and a blood alcohol concentration of .243 was obtained.  He was also charged with VEHICULAR AGGRAVATED ASSAULT on a Police Officer and faced a minimum of 10.5 years in prison.  We were able to convince the prosecutor that the officer was in no real danger and due to Mr. L.’s youth, she extended a “no agreements” offer which subjected Mr. L. to anywhere from probation, to prison of 3 to 12.5 years.  At sentencing, we secured a probation sentence from the judge along with 1 years of jail (as opposed to prison) which allowed Mr. L. to serve nights and weekends in jail, and attend school and work during the day.

August 11, 2015
Posted on Author By dmcantor Categories 112 Other Vehicular Crimes Pre-Charge Victories, 114 Theft and Fraud Pre-Charge Victories, 16C Theft of Means of Transportation / Auto Theft Victories, 200 DUI / Vehicular Crime Victories, 400 Theft / Fraud Crime Victories, 43A Fraudulent Schemes Pre-Charge Victories, 47D Bank, Mail and Wire Fraud (Federal Charge) Victories, 47F Money Laundering (State Charge) Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. G. and Mrs. G (DMC No. 6372 and 6373)

NOT CHARGED | FRAUDULENT SCHEMES ($200,000) BANK and WIRE FRAUD, MONEY LAUNDERING, and THEFT of MEANS of TRANSPORTATION ($85,000) NOT CHARGED due to CIVIL SETTLEMENT – State v. Mr. G. and Mrs. G. (DMC No. 6372 and 6373) (IRS and JP Morgan Chase Bank Investigated): Mr. and Mrs. G. discovered that the bank had placed $100,000 in their checking account on two successive days by mistake.  This total of $200,000 was perceived to be a “wind fall”.  Mr. and Mrs. G. immediately transferred the money out and began spending it.  When the mistake was discovered, the bank and legal authorities began to investigate.  We were able to step in and negotiate a “civil settlement” with a payment schedule, and no charges were brought against Mr. and Mrs. G.  Originally they were facing a potential of decades in prison.

 

August 7, 2015
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300C Partial Bench Trial Acquittal, 200 DUI / Vehicular Crime Victories, 2A Vehicular Crimes Bench Trial Victories, Case Victories, Phoenix City Court / Phoenix Municipal Court Victories

State v. Mr. B (DMC No. 9571)

NOT GUILTY/ PARTIAL ACQUITTAL at BENCH TRIAL: SUPER EXTREME DUI (.205 BAC) Only- State v. Mr. B (DMC No. 9571) (Phoenix City Court No. 3981751): Mr. B was in Phoenix, Arizona when he was served pulling up to the intersection at 51st Avenue and Bell Road. At the left hand green turn arrow Mr. B’s vehicle did not move, and the Officer then pulled him over. After a DUI investigation, he was taken to a DUI van in which he provided a .205 BAC blood sample. Because he was above a .200, he was charged with Super Extreme DUI along with other charges. At Bench Trial, we were able to argue that the variance of the machine would not allow a verdict of guilty beyond reasonable doubt as to Super Extreme DUI charge. The Judge agreed, and Mr. B was found Not Guilty of the Super Extreme DUI. He was, however guilty of the regular Extreme DUI and was sentenced to 30 days in jail.

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