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April 28, 2014
Posted on Author By dmcantor Categories 16B Unlawful Use of Means of Transportation Victories, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. B. (DMC No. 5531)

UNLAWFUL USE of MEANS of TRANSPORTATION REDUCED to MISDEMEANOR at SENTENCING with PROBATION and ZERO DAYS in JAIL – State v. Mr. B. (DMC No. 5531) (Maricopa County Superior Court CR2005-006076): Ms. B. was accused of taking her sister’s car without permission and keeping it for an extended point of time.  A warrant was eventually issued for her arrest and she was picked up several years later.  We were able to show that she was now drug free, was married and had a small child.  Because the case was plead to a class 6 “open”, we were able to request a misdemeanor designation at sentencing.  She was immediately given a misdemeanor with only 4 months of summary probation with zero days in jail.  She has no felony on her record.

April 28, 2014
Posted on Author By dmcantor Categories 16B Unlawful Use of Means of Transportation Victories, 200 DUI / Vehicular Crime Victories, Case Victories

State v. Mr. W. (DMC No. 10683)

UNLAWFUL USE of MEANS of TRANSPORTATION NOT CHARGED – State v. Mr. W. (DMC No. 10683) (ASU Police Department DR2011-00007633): Police were called when several light rail patrons stated that they saw several people riding on a forklift coming up the trail near the light rail.  When police arrived, they found several ASU students who had taken a forklift and were going for a “joy ride”.  All were arrested for Unlawful Use of Means of Transportation.  We were able to show that our client merely hopped on as a passenger, and he did not actually take the forklift. The Maricopa County Attorney’s Officer agreed to not file any charges.

April 28, 2014
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300C Partial Bench Trial Acquittal, 16J Driving on a Suspended License Victories, 200 DUI / Vehicular Crime Victories, 2A Vehicular Crimes Bench Trial Victories, Case Victories, Phoenix City Court / Phoenix Municipal Court Victories

State v. Ms. E (DMC No. 6209)

PARTIAL ACQUITTAL at BENCH TRIAL | DRIVING WHILE LICENSE SUSPENDED – State v. Ms. E. (DMC No. 6209) (Phoenix City Court 3415491): Ms. E. was pulled over for allegedly having a fake registration tag on her license plate.  Officer’s then told her that her license was also suspended.  At trial, we admitted to the fictitious license plate sticker, but fought the Driving on Suspended License allegation due to the fact that even though the notice was mailed to Ms. E. regarding a suspension, it did not actually go into effect until 3 days after the actual incident.  If Ms. E. had been convicted of the suspended license charge, she would have lost her license for a year.

April 23, 2014
Posted on Author By dmcantor Categories 1400 Appeal/Post Conviction Relief/Habeas Corpus Victories, 200 DUI / Vehicular Crime Victories, Arcadia Biltmore Justice Court Victories, Case Victories

State v. Harris (Shilgevorkyan) (DMC No.11981)

CONVICTION REVERSED | DUI DRUGS (inactive marijuana metabolite) CONVICTION REVERSED – State v. Harris (Shilgevorkyan) (DMC No. ) (Arizona Supreme Court CV-13-0056-PR/Arcadia Biltmore Justice Court TR2011-10043):

In this high profile Arizona Supreme Court case, Mr. Shilgevorkyan was pulled over for a minor traffic violation and a DUI investigation ensued.  He admitted that he had smoked marijuana the night before, and he consented to a blood test.  His blood test showed that he had Carboxy-THC (the inactive metabolite of marijuana) in his blood.  He did not have tetrahydrocannabinol (“THC”-the psychoactive metabolite of marijuana) in his system.  This case was handled by one of our DUI Lawyers.  He argued that the Arizona Legislature did not intend to criminalize the mere presence of inactive metabolites in a person’s system.  He argued that the actual intent was to criminalize the psychoactive metabolite of impairing drugs as it relates to driving.  This case was argued in front of the Arizona Supreme Court, and on April 22, 2014 they agreed with us and reversed the convictions against Mr. Shilgevorkyan.  This case received widespread media coverage, and will effect countless future and past marijuana DUI cases in Arizona.

April 1, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 7 Super Extreme DWI Dismissals, 908 Phoenix DUI Wins, Case Victories, City Court Victories, Phoenix City Court / Phoenix Municipal Court Victories

State V. Ms. C. (DMC No. 9856)

DISMISSED | SUPER EXTREME DUI (.318 BAC) (DMC No. 9856) (Phoenix City Court No. 2010-9025304): Ms. C. was stopped for erratic driving and subsequently arrested for a DUI. When she did provide a blood test, it revealed a .318 blood reading. She had asked to be released to get an independent test of her blood, which did not occur. We filed a motion to have the entire case dismissed based on a denial of a right to an independent test. The state agreed and all charges were dismissed against Ms. C.

April 1, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 7 Super Extreme DWI Dismissals, Case Victories, Hassayampa Justice Court Victories

State v. Mr. R (DMC No.)

DISMISSED | SUPER EXTREME DUI (.308 BAC) (Hassayampa Justice Court No. 03-00202CR): Mr. R. was found parked up the side of the roadway, sitting in his car with the keys in the ignition and the motor running. Mr. R. was taken to a police station, where he stated he “wanted a lawyer.” He was never offered a phone book or given the option to call a lawyer. Although he provided a blood sample which resulted in a .308% BAC qualifying him for an Extreme DUI, we filed a Motion to Dismiss for Denial of Right to Counsel. After an Evidentiary Hearing was held, the judge ruled in our favor and the case was dismissed.

Click here to learn more about Super Extreme Dui in Arizona.

March 21, 2014
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, 14 Vehicular Aggravated Assault Reduced, 15A Vehicular Homicide Victories, 200 DUI / Vehicular Crime Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, 63-65 Homicide Victories, 64 Homicide Reduced, 65 Homicide Pre-Charge Victories, 79F Second Degree Murder Victories, 79G Manslaughter Victories, 79K Negligent Homicide Victories, 900 Pre-Charge Case Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. F (DMC No. 11880)

NOT CHARGED/REDUCED | VEHICULAR 2ND DEGREE MURDER NOT CHARGED/MANSLAUGHTER and AGGRAVATED ASSAULT (dangerous) REDUCED to NEGLIGENT HOMICIDE (non dangerous) with 1 YEAR in PRISON (7 months of actual time) – State v. Mr. F. (DMC No. 11880) (Maricopa County Superior Court CR2011-007282): Mr. F. was travelling on the southbound 101 in Scottsdale when another vehicle engaged an SUV in “road rage” in front of him. The original vehicle slammed on its brakes, causing Mr. F. to swerve to the right, striking the SUV. The SUV flipped and the driver subsequently died at the scene. The original vehicle took off and was designated a “phantom vehicle” by Mr. F. and several witnesses. During the course of the investigation, Mr. F. was discovered to have marijuana and a pipe on his possession. He admitted to smoking marijuana hours earlier. Blood was drawn which was revealed the presence both “active” and “inactive” marijuana metabolites. We submitted various documentation to the County Attorney’s Office and Attorney General’s Office before the case went to Grand Jury. They were originally seeking 2nd Degree Murder charges, but the Grand Jury only returned charges based on Manslaughter. During the course of vigorously defending the case, we had the County Attorney’s Office removed for “conflict”, and the Attorney General’s Office took over the case. We eventually negotiated a reduced plea to Negligent Homicide (Non Dangerous), with a stipulated 1 year in DOC. The actual amount time that Mr. F. will spend in prison is only 7 months. He was originally facing a potential 10 to 22 years on the 2nd Degree Murder and 7 to 21 years on the Manslaughter.

March 21, 2014
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, 909 Scottsdale DUI Wins, Case Victories, Jury Trial Victories, Scottsdale City Court Victories

State v. Ms. L. (DMC No. 11882)

NOT GUILTY/COMPLETE ACQUITTAL at JURY TRIAL/DUI and DWI (.133 BAC) – March 21, 2014 – State v. Ms. L. (DMC No. 11882) (Scottsdale City Court TR2013-009192): Ms. L. was traveling on Scottsdale Road when officers noticed that she had an expired license plate. She was subsequently pulled over and a DUI investigation ensued. During the FST’s, it was indicated that she had no problem with the “one leg stand” and only had 4 of 6 cues on “horizontal gaze nystagmus” (HGN). Subsequently, blood was drawn and the officer inadvertently wrote “2:38 a.m.” instead of “12:38 a.m.” on the blood kit. He had to reopen the blood kit (breaking the seal), correct the time and then reseal the kit. During trial, the State’s Criminalist stated the there was no issues or anything unusual with the blood kit that he had tested. Our expert then got on the stand and pointed out that the kit had been opened after the original seal had been put in place. The jury deliberated over night and came back with a verdict of “not guilty” on all charges.

For more information on how our firm handles Scottsdale DUI cases, click the following link to schedule a free consultation.

March 20, 2014
Posted on Author By dmcantor Categories 1500 Expungement Victories, 16l DUI Expungement Victories, 200 DUI / Vehicular Crime Victories, Case Victories, Justice Court Victories, San Tan Justice Court Victories

State v. Mr. T (DMC No. 10138)

CONVICTION SET ASIDE | EXTREME DUI – State v. Mr. T. (DMC No. 10138) (San Tan Justice Court 0720-TR9909391): Mr. T. was a homeless man who found $3, 300 on the Light Rail in Tempe, Arizona. This money was located in a backpack, and nobody had seen him find the backpack. Instead of keeping the money, he turned it into the authorities where it was returned to a young college student. This story made national news and was featured in People Magazine, and Mr. T. was touted as “Hero Among Us”. When we found out about his story, we heard he was riding the Light Rail because his license was suspended from prior DUI’s, and this was preventing him from getting work. We helped secure the expungement of all his convictions, and we helped him reinstate his driver’s license. He is now employed and lives in his own apartment. All work performed on Mr. T.’s behalf was done free of charge by DM Cantor.

March 18, 2014
Posted on Author By dmcantor Categories 16 Miscellaneous Vehicular Crimes Victories, 200 DUI / Vehicular Crime Victories, 400 Theft / Fraud Crime Victories, 44 Theft Dismissals, 700 Property Crime Victories, 94 Burglary Victories, Case Victories, Justice Court Victories, Maricopa / Stanfield Justice Court Victories

State v. Mr. K. (DMC No. 7870)

DISMISSED | POSSESSION of BURGLARY TOOLS/THEFT and FICTITIOUS PLATE – State v. Mr. K. (DMC No. 7870) (Maricopa/Stanfield Justice Court TR07-369): Mr. K. had been diagnosed with Asperger’s, and had become obsessed with concept of being a cat burglar. He was pulled over for having a fictitious license plate, and burglary tools and guns were found in his vehicle. When he relayed to the officer his fascination with the theory of being a cat burglar, he was charged with having a fictitious plate, a stolen gun and possession of burglary tools. We were able to present medical evidence to the County Attorney regarding Mr. K.’s mental impairment, plus they were not complying with the proper Discovery requirements, and they dismissed all charges against Mr. K.

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