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November 16, 2011
Posted on Author By dmcantor Categories 12 Hit and Run Reduced, 200 DUI / Vehicular Crime Victories, Case Victories, City Court Victories, Mesa City Court / Mesa Municipal Court Victories

State v. Mr. B (Case No. 2006056073)(DMC No.)

(Mesa Municipal Court No. 2006056073): Mr. B. was driving with his wife when another vehicle pulled out directly in front of him. The other vehicle kept cutting off Mr. B. and was slamming on his brakes. The other driver slammed on his brakes and caused Mr. B. to rear-end him. The other driver took off, and Mr. B. pulled over to check out the damage to his vehicle. When Mr. B. was back on the roadway, the other driver pulled up next to him and said he had called police. We were able to show that Mr. B. had not absconded from the area, therefore the criminal charge was dismissed and he was issued only a speeding ticket.

November 16, 2011
Posted on Author By dmcantor Categories 117 Property Crime Pre-Charge Victories, 12A Hit & Run Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. O (DMC No. 7059)

NOT CHARGED | HIT & RUN –  (DMC No. 7059) (Mesa Police Department): Mr. O.’s vehicle was seen by a witness making a wide turn, running through a brick wall, and then catching on fire. Multiple people got out of the vehicle and left the area. The police contacted Mr. O. (because he was the vehicle’s owner) and he refused to speak with police. The owner of the wall later talked with Mr. O., and Mr. O. allegedly admitted to driving. We were able to provide insurance information to the victim, and convince the Mesa City Prosecutor’s Office not to file charges.

November 16, 2011
Posted on Author By dmcantor Categories 117 Property Crime Pre-Charge Victories, 12A Hit & Run Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. S (DMC No. 7092)

NOT CHARGED | HIT & RUN –  (DMC No. 7092) (City of Phoenix): Mr. S. was involved in an accident with some parked cars in his apartment complex’s parking garage. He subsequently parked his car and was walking to his apartment when a security guard came up and questioned him. Mr. S. claimed that somebody else was driving the vehicle and had left. Later he was contacted by police and he initially lied. He subsequently admitted to being the driver. We contacted police and provided his insurance information. A decision was made by the City of Phoenix Prosecutor not to press charges.

November 16, 2011
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. Mr. W (DMC No. 7088)

NOT CHARGED | FELONY AGGRAVATED DUI (DMC No. 7088) (Chandler Police Department): Mr. W. had 3 prior DUI’s, including a prior felony DUI in which he had spent a year in prison. He was pulled over for allegedly turning wide and not having his taillights on. He admitted to drinking and was given Field Sobriety Tests, which he performed very well. He subsequently had his blood drawn, which came back below the legal limit. Although Mr. W. was facing 3 to 6 years in prison, we were able to convince the prosecutors that they had no chance at beating us at trial, and they chose not to charge Mr. W. with Aggravated DUI.

November 16, 2011
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. R (DMC No. 3787)

NOT CHARGED | FELONY AGGRAVATED DUI (Prescription Drugs) (DMC No. 3787) (Glendale Police Department): Ms. R. was driving when she was involved in a rear-end collision and knocked unconscious. Her children were in the vehicle with her and were under 15 years of age, which made this an Aggravated (felony) DUI. The police determined that she was under the influence of prescription drugs, and they attempted to get her to sign a consent form for them to draw her blood. She would not do so. The hospital drew blood for medical purposes, and gave a vial to the police at the officer’s request. Due to potential issues with the manner in which the police obtained her blood sample, the prosecutor chose not to file charges.

November 16, 2011
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. Mr. C (DMC No. 4245)

NOT CHARGED | FELONY AGGRAVATED DUI (DMC No. 4245) (San Marcos Justice Court): Mr. C. had a prior DUI approximately 4 years prior to being stopped for this DUI. He failed to appear in Court and a warrant was issued for his arrest, which had suspended his driver’s license. When he was pulled over for this DUI, it became designated as an Aggravated (felony) DUI due to his license suspension. He told the officers he’d only had 3 beers, and they drew his blood. Because of his body weight and the amount of alcohol he’d consumed, we were able to inform the prosecutor that his BAC would be below the legal limit. In addition, we had a good argument as to whether he knew that his license was suspended. Based on this, the Maricopa County Attorney’s Office choose to dismiss the case and not submit it for felony charges. This saved Mr. C. from facing 4 months in prison.

November 16, 2011
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. Mr. A. (DMC No. 3954)

NOT CHARGED | FELONY AGGRAVATED DUI – State v. Mr. A. (DMC No. 3954) (Phoenix Police Department): Mr. A. was stopped for an alleged traffic violation and officers indicated that his license was revoked because of a prior DUI. Blood was drawn, which eventually revealed a .090% BAC. Mr. A. was subsequently cited for Aggravated (felony) DUI and was facing 4 months in prison. We were able to convince the prosecutor that Mr. A. had a valid Arizona license because he obtained it after he left the state of New Mexico without knowledge that his New Mexico license had been revoked. We convince the prosecutor not to bring any charges against Mr. A.

November 16, 2011
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4C 2nd Offense DUI Victories, Case Victories, University Lakes Justice Court Victories

State v. Ms. K (DMC No.)

State v. Ms. K. (University Lakes Justice Court No. TR2006-157020CR): Ms. K. was pulled over because an independent witness called police and claimed she was swerving. When she was stopped, she told officers that somebody must have spiked her drink. She subsequently provided a breath test which revealed a .179 BAC. Due to the fact that we were able to convince the prosecutor that we had a reasonable chance of succeeding at trial based on somebody slipping the client a “mickey,” they reduced the charges from a 2nd offense Extreme DUI (thereby subjecting Ms. K. to 120 days in jail) down to a 1st offense Extreme DUI in which she served only 10 days in jail.-crimes”>click here.

September 27, 2011
Posted on Author By dmcantor Categories 100H MIC/MIP Victories, 800 Miscellaneous Crime Victories, Case Victories, White Tank Justice Court Victories

State v. Ms. E (DMC No.)

DISMISSED | UNDERAGE DRINKING – (White Tank Justice Court JC201102129) Ms. E was at the University of Phx stadium, celebrating with her family before the college football championship game. Police cited her for underage drinking. At her trial, we got her portable breath test result thrown out by the Judge. Then we got her admission to drinking thrown out as a coerced statement to the police. Finally, we successfully argued that the odor of alcohol the officer claimed he smelled off of her was insufficient evidence to convict her. The Judge agreed and ruled that Ms. E was not guilty.

September 27, 2011
Posted on Author By dmcantor Categories 115 Assault/Violent Crime Pre-Charge Victories, 500 Assault / Violent Crime Victories, Case Victories

State v. Mr. N (DMC No.)

(Case Number 4282142) Mr. N was charged with assault after allegedly assaulting his wife by grabbing her by the hair and throwing her into a wall after she was playing with fire in the master bedroom bathroom. Although the attorney for Mr. N attempted multiple times to convince the city prosecutor to dismiss the charges they insisted on moving forward to trial. After a bench trial where both Mr. N and his wife testified, the Judge agreed with the defense that even if injury occurred it was not done intentionally but rather inadvertently when Mr. N was trying to remove his wife from the potential of harm’s way. Mr. N was found not guilty on the charge.

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