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February 4, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Case Victories, Coolidge City Court Victories

State v. Mr. E. (DMC No. 4611)

REDUCED | DUI (.142 BAC) State v. Mr. E. (DMC No. 4611) (Coolidge City Court TR2004-0229): REDUCED to RECKLESS DRIVING with ZERO DAYS in JAIL –  Mr. E. was riding his motorcycle on Arizona Boulevard in Coolidge, Arizona when the car in front of him slammed on their brakes.  He rear ended the vehicle and flew over his handle bars.  He was subsequently contacted by police and processed for a DUI.  While he was at the police station he provided a .142 BAC on a breath test.  We discovered that no appropriate Department of Health Services (DHS) checklist was used during his breath test.  We were able to show the Prosecutor that the breath test would be suppressed, and they agreed to dismiss the DUI in exchange for a Reckless Driving with zero days in jail.

February 4, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Case Victories, West Mesa Justice Court Victories

State v. Mr. B. (DMC No. 7289)

DUI REDUCED to Reckless Driving – State v. Mr. B. (DMC No. 7289) (West Mesa Justice Court No. TR2006-177490): Mr. B was seen stopped on the side of State Route 101 with a flat tire and his emergency lights on. The officer walked up and the engine was on, but the car was in park. Mr. B was in the car and he smelled of alcohol and was subsequently arrested for DUI. He then produced a .142 breath alcohol reading. We were able to have the case reduced to a mere Reckless Driving due to the fact that the State had problems proving Actual Physical Control and Corpus Delicti.

February 4, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Case Victories, North Mesa Justice Court Victories

State v. Ms. B (Case No. 03-04339CR)(DMC No.)

(North Mesa Justice Court- No.:03-04339CR): Ms. B. was stopped for allegedly making a wide right turn. She performed poorly on field sobriety test and was arrested, and subsequently submitted to a blood test which resulted in a .140 BAC. We filed a Motion to Dismiss based upon no reasonable suspicion to stop, and the state offered a plea to a reckless driving charge with a zero days in jail.

February 4, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Case Victories

State v. Ms. R. (Case No. 032069291CR)(DMC No.)

REDUCED | DUI (.140 BAC) (032069291CR): Ms. R. came up on a red light and slowed to approximately 3 miles per hour when she bumped into the car in front of her. She was subsequently cited for DUI and provided a blood sample which revealed a .140 BAC. Ms. R. asked the police if she could talk to her attorney or a friend of hers who was a police officer. They allowed her to talk to the police officer (who told her to submit to a blood test), but they did not allow her to talk to an attorney. We filed a Motion to Suppress based upon Denial of Right to Counsel and the reading was thrown out. Subsequently, she was offered a plea to Reckless Driving with zero days in jail.

February 3, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, 903 Gilbert DUI Wins, Case Victories, City Court Victories, Gilbert City Court / Gilbert Municipal Court Victories

State v. Mr. S (Case No. 2003-0016792DU)(DMC No.)

REDUCED | DUI (.138 BAC) (Gilbert City Court No.: 2003-0016792DU): Mr. S. was seen sitting on the ground straddling a left road rear tire. He engine was on and his lights were on. He had just changed his truck tire. He subsequently was investigated for DUI and provided a .138 breath BAC. Due to issues related to Corpus Delecti and a bad calibration check on the breath testing device, we were able to secure a plea to a reckless driving with no days in jail.

February 3, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Buckeye City Court Victories, Case Victories, City Court Victories

State v. Mr. G (DMC No. 5871)

REDUCED | DUI (.138 BAC) State v. Mr. G. (DMC No. 5871) (Buckeye City Court TR2005-1689): REDUCED to RECKLESS with ZERO DAYS JAIL –  Mr. G. was seen driving a 3:48 in the morning when his tires cross the yellow line into the median. The officers pulled him over, subsequently arrested him for DUI and he produced a .138 BAC breath reading. Because of the various issues with the breath testing device, we were able to convince the Prosecutor to reduce the DUI down to a simple “reckless driving” with zero days jail and a small fine.

February 3, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Case Victories

State v. Mr. J. (DMC No.)

(0215314CR): Mr. J. was stopped while driving with his wife after a Christmas party. He was suffering from bronchitis at the time, and was able to provide three attempted breath tests, with the highest reading being .135. He was subsequently arrested and asked if he could contact his attorney. Because the officer denied his request, we were able to file a Motion Based on Denial of Right to Counsel and have the Maricopa County Attorney’s Office reduce the case to Reckless Driving with no jail.

February 3, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, 903 Gilbert DUI Wins, Case Victories, City Court Victories, Gilbert City Court / Gilbert Municipal Court Victories

State v. Mr. G. (DMC No.)

REDUCED | DUI (.132 BAC) (Gilbert City Court No.: 03-18267DU): Mr. G. was stopped for allegedly failing to use a turn signal and bumping into a curb while in a parking lot. He performed poorly on field sobriety tests, and subsequently provided a .132 breath BAC. We filed a Motion to Dismiss based upon no reasonable suspicion to stop even thought the state responded to the motion in writing, they subsequently offered a reckless driving with no days in jail.

February 3, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, 902 Chandler DUI Wins, Case Victories, Chandler City Court / Chandler Municipal Court Victories, City Court Victories

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

REDUCED | DUI (.130 BAC) (Chandler Municipal Court No. 06-X-1736252A): Mr. W. was stopped pulling out of Sonny’s Gentleman’s Club during an East Valley DUI Task Force. He was subsequently arrested for DUI and provided a blood test of a .130 BAC. We were able to show that the police lacked reasonable suspicion to stop Mr. W. while pulling from a private drive to a public roadway. Due to the threat of that Motion to Dismiss, the prosecutor offered a plea to Reckless Driving with zero days in jail.

February 2, 2010
Posted on Author By dmcantor Categories 100 Miscellaneous Crimes Victories, 800 Miscellaneous Crime Victories, Case Victories, Tempe City Court / Tempe Municipal Court Victories

State v. Mr. H. (DMC No. 7688)

FAILURE to CHECK ID at BAR DISMISSED – State v. Mr. H (DMC No. 7688) (Tempe City Court No. 07-016687): Tempe Police Officers were conducting a liquor check at the Vine Bar near ASU. When they walked through the bar, they saw an ASU student who appeared to be too young to drink and who was holding alcohol. They asked him how he got inside and purchased alcohol, and he said he walked in on the bar patio where there was no bouncer. He also went up to the bar and ordered without them asking for his ID. Police then contacted Mr. H (the Manager) and asked him what happened. He stated that Security must have gone and cleaned the parking lot and left the patio unattended. They then cited Mr. H for Failure to Check Identification at a Liquor Establishment pursuant to Arizona Revised Statute ARS 4-241A. We explained the situation to the Tempe City Prosecutor’s Office, and they agreed to dismiss all charges if Mr. H took classes regarding liquor control.

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