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January 15, 2013
Posted on Author By dmcantor Categories 1600 Probation Violation Victories, 2100 Superior Court Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. D (DMC No. 5499)

PROBATION VIOLATION DISMISSED/VEHICULAR AGGRAVATED ASSAULT – State v. Mr. D. (DMC No. 5499) (Maricopa County Superior Court CR2000-016167): Mr. D. was originally sentenced to 4 years in prison with a 4 year probation “tail” upon his release.  This was due to a vehicular aggravated assault.  Upon his release, he began probation and the Probation Officer had him take a hand held breath test.  According to the P.O., he had tested “positive” for alcohol and was taken into custody.  He asked for a blood test and vehemently denied the allegations.  We were able to show the Judge that Mr. D. was denied his right to gather exculpatory evidence, and the Petition to Revoke was dismissed.

January 10, 2013
Posted on Author By dmcantor Categories 10 Felony Aggravated DUI Pre-Charge Victories, 111 Felony Aggravated DUI Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Ms. W (DMC No. 10175)

NOT CHARGED | AGGRAVATED DUI DRUGS (Morphine Sulfate/Ambien with child under 15 in car)– State v. Ms. W. (DMC No. 10175) (DPS investigated): A DPS Officer was on a lunch break at a Whataburger at 26th Avenue & Bethany Home when he observed Ms. W. pull out of the drive thru and strike a curb.  He ultimately stopped her because she “looked stuporous”.  He then asked her some questions where she admitted taking Ambien the night before and some Morphine Sulfate due to a back injury.  She was a Registered Nurse and knew the proper dosage and had been compliant.  She was ultimately was asked to provide a urine sample and was arrested for AGGRAVATED DUI with a child under 15 in the vehicle.  Due to issues with the officer stop, along with the lack of evidence of improper prescription drug usage, no charges were brought against Ms. W.

January 10, 2013
Posted on Author By dmcantor Categories 110 DUI, DUI Drugs, Extreme DWI & Super Extreme DWI Pre-Charge Victories, 116 Drug Crime Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 4AAA DUI/Extreme & Super Extreme Pre-Charge Victories, 600 Drug Crimes Victories, 82C Possession/Paraphernalia Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Ms. B (DMC No. 10180)

NOT CHARGED | DUI DRUGS (Marijuana)/POSSESSION OF MARIJUANA and DRUG PARAPHERNALIA NOT CHARGED – State v. Ms. B. (DMC No. 10180) (Mesa Police Department investigated): Ms. B. was pulled over on Arizona Avenue & the US 60 for travelling at a high rate of speed.  The officer stated he could smell marijuana.  She was given various field sobriety tests, and then arrested.  A small pill bottle containing marijuana was found in her vehicle.  Due to various issues regarding the stop, along with a potentially invalid search, no charges were filed.

 

 

January 10, 2013
Posted on Author By dmcantor Categories 110 DUI, DUI Drugs, Extreme DWI & Super Extreme DWI Pre-Charge Victories, 12 Hit and Run Reduced, 200 DUI / Vehicular Crime Victories, 4AAA DUI/Extreme & Super Extreme Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories, Flagstaff Justice Court Victories, Justice Court Victories

State v. Mr. B. (DMC No. 6580)

DUI NOT CHARGED/HIT AND RUN REDUCED to a “speeding” ticket – State v. Mr. B. (DMC No. 6580) (Flagstaff Justice Court 2006-0366): Mr. B.’s car was observed in a ditch after it had struck a fire hydrant.  He was outside of the vehicle when a passing motorist stopped to help him.  He then walked home.  The motorist called police, and identified Mr. B. in a photo lineup.  Although the witness had stated that Mr. B. appeared to be very intoxicated, the police were unable to contact Mr. B. and secure a blood test.  We argued a “Corpus Delicti” issue with the prosecutor, and they agreed to reduce the hit and run charge down to a mere speeding ticket with a small fine.

January 10, 2013
Posted on Author By dmcantor Categories 110 DUI, DUI Drugs, Extreme DWI & Super Extreme DWI Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 4AAA DUI/Extreme & Super Extreme Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. W. (DMC No. 6731)

NOT CHARGED | DUI – State v. Mr. W. (DMC No. 6731) (Phoenix PD DR2005-51205460):  Mr. W. was parked off to the side of the road by a barricade when he was woken up by officers pounding on the door.  The car was left running in order to run the air-conditioner.  Mr. W. was pulled out of the car and arrested immediately, without field sobriety tests.  He then passed out and was taken to the hospital, where a blood draw was obtained.  Due to the fact that Mr. W. had diabetic issues, and his blood alcohol content was only a .066 (below the legal limit), after we contacted the prosecutor’s office they chose not to file any charges.

January 10, 2013
Posted on Author By dmcantor Categories 110 DUI, DUI Drugs, Extreme DWI & Super Extreme DWI Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 4AAA DUI/Extreme & Super Extreme Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. C. (DMC No. 6734)

NOT CHARGED | DUI – State v. Mr. C. (DMC No. 6734) (Pinal County Sheriff’s Department DR050930125): Mr. C. was stopped by officers at Ocotillo & Arbor Road in Pinal County based on an anonymous call.  The officer smelled alcohol and made him perform various field sobriety tests.  Although the officers claim they saw Mr. C. driving, he was adamant that he had been parked off to the side of the road for at least 30 minutes.  Subsequently, a warrant was obtained to draw his blood and due to various issues, the State was unable to bring charges within the 1 year of statute of limitations.

January 10, 2013
Posted on Author By dmcantor Categories 110 DUI, DUI Drugs, Extreme DWI & Super Extreme DWI Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. R. (DMC No. 6729)

NOT CHARGED | DUI DRUGS  – State v. Mr. R. (DMC No. 6729) (DPS DR2005-067653 Code 2300): Mr. R. was a juvenile who was accused travelling 60 MPH in 45 MPH zone.  He performed field sobriety tests, and the officer required Mr. R. to do a breath test, which revealed a .000 BAC.  He was then forced to provide urine, under threat of going to jail if he did not do so.  Because of the potential violation of his juvenile Miranda rights, no charges were brought.

January 9, 2013
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4AA DUI Drugs Reduced, 600 Drug Crimes Victories, Avondale City Court Victories, Case Victories, City Court Victories

State v. Ms. R (DMC No. 10756)

REDUCED | DUI DRUGS (Hydrocodone, Xanax & Morphine) REDUCED to Reckless Driving – State v. Ms. R. (DMC No. 10756) (Avondale City Court 2011-05024): Ms. R. was accused of being in a single car accident at Granada Road & 109th Drive.  She had been fasting for a future medical procedure and after the accident suffered a panic attack.  She then took various prescription medications.  We were able to have her Doctor send a letter indicating that under therapeutic doses, that the drugs would not have affected her driving.  Most likely the accident was caused by her fasting.  The State ultimately reduced the charge from DUI drugs to a mere reckless driving.

January 9, 2013
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4AA DUI Drugs Reduced, 600 Drug Crimes Victories, 906 Mesa DUI Wins, Case Victories, City Court Victories, Mesa City Court / Mesa Municipal Court Victories

State v. Ms. B (DMC No. 6168)

REDUCED | DUI DRUGS (Diazepam & Clonazepam) REDUCED to Reckless Driving – State v. Ms. B. (DMC No. 6168) (Mesa City Court 2005075572): Ms. B. was accused of swerving all over the road by an unknown 911 caller in the location of Baseline & Gilbert Road.  After being stopped by police, she was accused of being under the influence of Diazepam & Clonazepam although Ms. B. admitted to taking prescription medications, no drugs were found in her system.  The case was ultimately reduced to a mere reckless driving with zero days in jail.

January 9, 2013
Posted on Author By dmcantor Categories 110 DUI, DUI Drugs, Extreme DWI & Super Extreme DWI Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 4AAA DUI/Extreme & Super Extreme Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. T. (DMC No. 10831)

NOT CHARGED | DUI – State v. Mr. T. (DMC No. 10831) (Ironwood Justice Court/DPS DR11-162936): Mr. T. was involved in a minor rear-end collision at 363rd Ave & Buckeye Road.  The officer alleged that Mr. T. had appeared to have been drinking.  Mr. T. indicated that he thought perhaps his drink had been “laced”.  No field sobriety tests were given, and he refused to do any blood or breath tests.  Ultimately, we convinced the prosecutor that they did not have enough evidence to bring charges.

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