NOT CHARGED | DUI DRUGS (Depakote, Sapharis, Lithium, Edluar, Adderall) – State v. Ms. M. (DMC No. 10773) (West McDowell Justice Court/DPS DR2011-030389): Ms. M. was observed leaving the west bound 10 to the 7th Street off ramp when she drove up on the dirt median and then drove off. The officer stopped her and claimed she appeared intoxicated. She admitted to being on several prescription medications due to two new knee replacements in the last 6 months. The officer still attempted to give her field tests, even though she wasn’t fully healed. After we contacted the officer the State chose not to proceed with charges.
January 1, 2013
(DMC No. 9844) (Chandler City Court No. 10-P-878460): A civilian witness had called Chandler police claiming Ms. S. was weaving in and out of traffic erratically. When she was stopped, she had told the officers that she was prescribed to take 3 Somas daily, but that she had taken 4 on that particular day. The drug recognition evaluation (DRE) ensued and the officer’s opinion was that she was impaired by a central nervous system depressant. We were able to show Ms. S.’s prescriptions to the prosecutor and they dismissed the DUI in exchange for a reckless driving charge. She was originally facing jail, but now only received a fine.
November 27, 2012
State vs. Ms. K. (DMC No. 9737) (Scottsdale City Court No. CR2010-024501): Ms. K. was in an argument with her husband when she threw a washcloth used to bathe the baby at him. Her husband became angry and then shoved her out the door and threw her down to the ground. She struck a table and was knocked unconscious. The maid then came in and saw her injuries and called the police. Ms. K. was taken to the hospital and she told the police her story. When the police interviewed Mr. K., he stated he only pushed his wife after she slapped him with a wet towel across the face. The officer chose to believe Mr. K.’s story, and charged Ms. K. We were able to show through crime scene photos that there were numerous marks on Ms. K’s body and that her story was accurate. The prosecutor agreed and dismissed all charges.
November 9, 2012
Posted on Author By dmcantor Categories 16M Criminal Speeding Victories, 200 DUI / Vehicular Crime Victories, Case Victories, San Tan Justice Court Victories
REDUCED | CRIMINAL SPEEDING – (DMC No. 9826) (San Tan Justice Court No. TR2010-154324): Mr. G. was a contractor who had a high level clearance with the Department of Defense, Navy and FBI. Police alleged he was travelling 92 MPH in a 65. Mr. G. could not have a criminal conviction on his record if he wished to keep his clearance in tack, so we were able to challenge the radar gun utilized in his stopped and negotiate a plea to a civil speeding with a $235 fine.
November 9, 2012
Posted on Author By dmcantor Categories 16A OUI/Boating DUI Victories, 200 DUI / Vehicular Crime Victories, Case Victories, East Mesa Justice Court Victories
(DMC No. 9848) (East Mesa Justice Court No. 2010-129623): Ms. K. was pulled over boating on the lake for allegedly creating a wake in a no wake zone. She was then processed for DUI and produced a breath sample of .092. Because of her high body weight (250 lbs.) and questionable field sobriety tests, we were able to secure a plea to reckless boating.
If you have questions regarding a DUI on a boat in Arizona (OUI) then please call our offices at (602) 307-0808.
November 9, 2012
Posted on Author By dmcantor Categories 16A OUI/Boating DUI Victories, 200 DUI / Vehicular Crime Victories, Case Victories, Hassayampa Justice Court Victories
(DMC No. 9927) (Hassayampa Justice Court No. 2010-14393): Mr. H. was stopped by sheriff’s deputy because he had people sitting on the transom (the back of the boat). He subsequently provided a breath test of .09 and was arrested for OUI (a boating DUI). We questioned the stop, and also the low reading, and we were able to secure an offer of “Negligent Operation of a Boat”. This resulted in no jail and only a small fine being paid.
If you have been suspected of an OUI in Arizona, please call our offices for a free consultation on your case.
November 9, 2012
NOT CHARGED | DUI – State V. Ms. R. (DMC No 9534) (Gilbert City Court No. 2009-000007298): Ms. R. had been stopped by the Gilbert Police department for allegedly driving extremely erratic. Gilbert PD was called by an off-duty Chandler Police officer who alleged he watched this driving behavior. Upon contacting Ms. R., it was discovered that she also had possession of dangerous drugs and drug paraphernalia. She was subsequently taken to a hospital where nurses informed the police that Ms. R. had stated she had taken 20 somas and two other types of medication approximately 10 hours previous. Because of the questionable stop, and the violation of the doctor patient privilege (combined with officers potentially obtaining Ms. R’s blood sample improperly from the hospital), we were able to convince the prosecutor not to file charges.
November 9, 2012
REDUCED | CHILD MOLESTATION & SEX ABUSE – (DMC No. 2128) (Maricopa County Superior Court No. CR2000-094277): Mr. W. was accused by his 13 year old step daughter of fondling her while he sat on his lap and she worked on a computer. We were able to show that the stepdaughter had lied in the past and had motives to have Mr. W. removed from the household. Because the detectives obtained a partial confession, we were able to negotiate a plea to attempted child molestation with probation and 4 months of jail. Mr. W. was originally facing a minimum of 10 years of day for day prison time.
November 9, 2012
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 47H Robbery: Standard, Aggravated, Armed Robbery Victories, 500 Assault / Violent Crime Victories, 69-70A Robbery Victories, 70 Robbery Reduced, 71 Kidnapping Dismissals, 71-72A Kidnapping Victories, Case Victories, Maricopa County Superior Court Victories
REDUCED | ARMED ROBBERY/KIDNAPPING – (DMC No. 1816) (Maricopa County Superior Court No. CR2000-090604): Mr. P. and a co-defendant were owed money from some individuals. They were alleged to have gone into the house with ski masks and guns in order to get their money back. There was a pizza delivery man inside of the house along with others, who ran out of the house and police were called. Although Mr. P. was facing a mandatory minimum of over 10 years in prison, we were able to reduce all charges to a low level burglary which include probation and 60 days in jail.
August 25, 2012
DISMISSED | POSSESSION of DRUG PARAPHERNALIA DISMISSED after EVIDENTIARY HEARING for UNREASONABLE STOP ISSUE – State v. Ms. H. (DMC No. 8184) (Mesa City Court 2007-044646): Police received a tip that people were supposedly buying and selling drugs behind a structure located at 240 W. Baseline Road in Mesa. Upon arrival, they walked up to Miss H.’s car and stopped her. They got her out of the car and did a “warrants check” (in which there were none). They then searched the car and her purse without her permission, and claimed to have found methamphetamine. We filed a Motion based upon No Reasonable Suspicion to Stop and the entire case was dismissed.