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January 23, 2015
Posted on Author By dmcantor Categories 16J Driving on a Suspended License Victories, 200 DUI / Vehicular Crime Victories, Case Victories, Paradise Valley City Court Victories

State v. Ms. K (DMC No. 9107)

DRIVING on SUSPENDED LICENSE REDUCED to LICENSE not in POSSESSION TICKET – State v. Ms. K. (DMC No. 9107) (Paradise Valley City Court 33183A):  Ms. K. was from Korea and was cited at Cheney at 70th Street in Paradise Valley, Arizona.  She was accused of driving on a suspended license.  Because Ms. K. was from Korea, we were able to demonstrate to the Prosecutor that she did not understand that when she had taken care of previous traffic tickets she was to have gone to the DMV in order to reinstate her license.  They agreed to drop the criminal charge in exchange for a simple “license not in possession” ticket and a small fine. Originally, the conviction may have interfered with Ms. K.’s immigration status.

August 25, 2014
Posted on Author By dmcantor Categories 16M Criminal Speeding Victories, 200 DUI / Vehicular Crime Victories, Case Victories, Ironwood Justice Court Victories

State v. Ms. M (DMC No. 6896)

CRIMINAL SPEEDING DISMISSED – State v. Ms. M. (DMC No. 6896) (Ironwood Justice Court TR06-50158CR): Ms. M. was seen driving her BMW at a high rate of speed at State Route 85 at Mile Post 145 near Gila Bend, Arizona.   The police officer claimed that he used a radar device and clocked her travelling 105 mph in a 65 mph zone.  Ms. M. vehemently denied this claim.  We became involved in her case and filed Motions to Compel the “calibration records” of the radar gun.  The officer was unable to produce the proper records and we had the entire case dismissed.

August 25, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4AA DUI Drugs Reduced, Case Victories, Sedona City Court Victories

State v. Ms. B (DMC No. 8600)

REDUCED | DUI DRUGS (Diazepam, Nordiazepam) REDUCED to SPEEDING and LANE VIOLATION TICKET – State v. Ms. B. (DMC No. 8600) (Sedona City Court TR2008-3347): Sedona Police responded to the report of an accident on Airport Road.   There they contacted Ms. B. who had struck a guard rail.  Ms. B. stated that she was upset because she had gotten into a fight with her boyfriend.  She also admitted that she had also taken one pill of Diazepam as prescribed by her doctor.  The police still arrested her for DUI and obtained a blood specimen showing the presence for Diazepam and Nordiazepam.  We convinced the Prosecutor that they would not be able to prove that she was abusing her prescription, and they agreed to dismiss the DUI and instead simply have her plead to a simple Speeding and lane violation ticket.

August 24, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4C 2nd Offense DUI Victories, Case Victories, El Mirage City Court Victories

State v. Mr. S (DMC No. 8877)

2nd OFFENSE DUI (refusal) DISMISSED – State v. Mr. S. (DMC No. 8877) (El Mirage City Court CR2009-62): Mr. S. was alleged to have rear ended another vehicle at Grand Avenue and Thompson Ranch Road in El Mirage, Arizona and then fled from the scene.   He was found at his house and he appeared to have been drinking.  It also appeared that he was drinking while he was inside of his house.   When he was arrested and asked to provide chemical tests, he refused.  We were able to convince the Prosecutor that they would never be able to prove that he drank before the accident and they agreed to dismiss the DUI.  Because Mr. S. had a prior DUI, he was facing potentially 6 months in jail if he would have been convicted of the DUI due to his prior conviction.

August 24, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4C 2nd Offense DUI Victories, Apache Junction City Court Victories, Case Victories

State v. Ms. E (DMC No. 5602)

2nd OFFENSE DUI (refusal) DISMISSED – State v. Ms. E. (DMC No. 5602) (Apache Junction City Court TR2005-00748): Ms. E. was observed rolling through a stop signal the intersection of Winchester Road and Scenic Street in Apache Junction.  When Ms. E. was stopped, she had a 12 pack of been in her car and smelled of alcohol.  She was ultimately arrested and taken to the station to be processed for DUI.  She told the officer she had a DUI from a year earlier, and she refused to take any tests without first speaking to her lawyer.  We were ultimately able to have the case dismissed, and the only charge she was cited for was a Stop Sign violation and a Cancelled License violation.  She was originally facing anywhere from 30 days minimum to 6 months maximum in jail.

August 22, 2014
Posted on Author By dmcantor Categories 112 Other Vehicular Crimes Pre-Charge Victories, 12A Hit & Run Pre-Charge Victories, 15A Vehicular Homicide Victories, 200 DUI / Vehicular Crime Victories, 79F Second Degree Murder Victories, 79G Manslaughter Victories, 79K Negligent Homicide Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. M (DMC No. 7441)

NOT CHARGED/REDUCED | VEHICULAR HOMICIDE HIT and RUN NOT CHARGED/REDUCED to MISDEMEANOR – State v. Mr. M. (DMC No. 7441) (Tempe Police Department DR06-072066/Tempe City Court 06-916379): Mr. M. was a passenger in a vehicle which ran a red light, and struck and killed a Tempe City Police Officer.  After the accident, both the driver and Mr. M. got out of the vehicle and fled.  Mr. M. came back to the scene brief time after and was questioned by police.  In this high profile case, the driver was charged with a Vehicular Homicide, and the Maricopa County Attorney’s Office was deciding whether to charge Mr. M. with Leaving the Scene of a Fatal Accident.  We were able to convince them that they could not meet the required elements to prove a crime, and Mr. M. couldn’t return any quicker to assist in the investigation.  Ultimately, the County Attorney’s Office agreed to route the case to the Tempe City Attorney’s Office for a simple charge of Minor in Consumption of Alcohol.  Mr. M. was originally facing years in prison.

August 22, 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. Ms. A (DMC No. 11074)

VEHICULAR AGGRAVATED ASSAULT DANGEROUS REDUCED to MISDEMEANOR HIT and RUN/ENDANGERMENT with ZERO DAYS in JAIL – State v. Ms. A. (DMC No. 11074) (Maricopa County Superior Court PF2012-144449001/Phoenix City Court 4583866): Ms. A. was accused of being in a rear end accident at 27th Avenue and Thunderbird.  When both parties got out of the car, one of the alleged victims called Ms. A. “crazy”.  Ms. A. was then accused of getting into her car, making a u-turn and speeding directly towards the other two people who were in the accident.  They dove out of the way, then began following Ms. A. and called police.  When Ms. A. was ultimately pulled over, she was charged with Aggravated Assault Dangerous (which carries 5 to 15 years in prison) and Hit and Run.  We were able to convince the Prosecutors Office to dismiss the felony charges and route the case as only a misdemeanor down to the City of Phoenix Prosecutor’s Office.  She was ultimately plead to a simple misdemeanor Hit and Run and Endangerment, which included zero days in jail.

August 22, 2014
Posted on Author By dmcantor Categories 112 Other Vehicular Crimes Pre-Charge Victories, 13 Vehicular Aggravated Assault Dismissals, 13-15 Vehicular Aggravated Assault Victories, 15A Vehicular Homicide Victories, 200 DUI / Vehicular Crime Victories, 500 Assault / Violent Crime Victories, 56 Felony Aggravated Assault Pre-Charge 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. S (DMC No. 7422)

NOT CHARGED | VEHICULAR HOMICIDE/VEHICULAR AGGRAVATED ASSAULT NOT CHARGED – State v. Mr. S. (DMC No. 7422) (Peoria Police Department Investigated): Mr. S. was accused of exiting a private drive and striking a second vehicle that was travelling at a high rate of speed.  The passenger in the second vehicle was treated for injuries, flown to the hospital and later died.  Mr. S. was subsequently investigated for DUI due to unsteadiness on his feet and an odor of alcohol.  During the pendency of a civil lawsuit, filed by the decedent’s family, we were able to show that Mr. S. had been blocked by a fence from having a clean view of the street he was pulling onto.  In addition, we were able to show that the victim’s vehicle did not have its headlights on.  This was done by examining the filaments of the broken headlights.  Because they were not burned out, this proved that they were not actually “on” at the time of the accident.  Ultimately no criminal charges were brought against Mr. S.   He was originally facing potentially Manslaughter/Negligent Homicide charges along with Aggravated Assault Dangerous charges.  He could have spent decades in prison.

 

June 15, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4C 2nd Offense DUI Victories, Case Victories, Kingman / Cerbat Justice Court Victories

State v. Mr. L (DMC No. 10483)

DISMISSED | 2nd OFFENSE DUI (.115 BAC) DISMISSED due to INDEPENDENT TEST ISSUE – State v. Mr. L. (DMC No. 10483) (Kingman/Cerbat Justice Court TR2011-05827): Mr. L. had been in Laughlin Arizona drinking over the course of several hours when he left to drive back to Kingman.  A 911 caller claimed that he was weaving all over the road, and he was subsequently stopped and given a preliminary breath test which revealed a .154 BAC.  Once at the station, he requested to speak to us, and he called our Firm.  Because he had a prior DUI, we advised him to refuse the test and force the State to obtain a search warrant.  Ultimately, a warrant was obtained which revealed a .115 blood test.  We also told him to request a private phone call and to be released to obtain his independent blood test at a hospital.   He was given no private phone call and was not released.  Due to these issues we had all charges dismissed against Mr. L.  He was originally facing anywhere from 30 to 120 days in jail.

June 15, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4A DUI Drugs Dismissals, Casa Grande Justice Court Victories, Case Victories

State v. Mr. L. (DMC No. 10577)

DISMISSED | 2nd OFFENSE DUI DRUGS (Morphine, Codeine, Zolpidem, Oxazepam, Nordiazepam, Temazepam, and Diazepam) DISMISSED due to INDEPENDENT TEST ISSUE – State v. Mr. L. (DMC No. 10577) (Casa Grande Justice Court TR2011-4397): Mr. L. had been pulled over for weaving on the road.  He appeared highly impaired by drugs, and he was taken to the station.  He asked to call our office and spoke with one of our attorneys.  We instructed him to remain silent, submit to the blood test and ask to be released for an independent chemical test.  The Officer indicated that he would allow Mr. L. to be released to get his own independent blood test at a hospital, and then booked him into jail without complying with our request.  Due to this violation, all charges were dismissed.  Due to Mr. L.’s priors, he was facing potentially 6 months in jail.

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