April 7, 2005

April 7, 2005 By dmcantor 100I Fake ID Victories, 800 Miscellaneous Crime Victories, Case Victories

State v. Mr. R (DMC No. 4791)

Mr. R was traveling on 43^rd Avenue in Phoenix, Arizona, when he was pulled over by Phoenix Police. They found contraband inside his vehicle, and asked for his identification. He presented a Pennsylvania driver’s license indicating he was 19 years old, and the Officer also found a Fictitious driver’s license from New Jersey indicating that he was 21 years old. He was then cited with the criminal charge of Possession of a Fictitious License per Arizona Revised Statute ARS 28-3478(1). At the Bench Trial, we were able to convince the Prosecutor to dismiss the criminal charge of Possession of a Fictitious License in exchange to a plea to the Speeding ticket with a small fine.

February 16, 2005

February 16, 2005 By dmcantor 1 DUI / Vehicular Crime Jury Trial Complete Acquittals, 1000 Complete Jury Trial Acquittals / All Criminal Charges, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, Case Victories, Jury Trial Victories, Maricopa County Superior Court Victories

State v. Mr. W. (DMC No. 5066)

Police were called out to State Trust Land regarding a stranded pickup truck that appeared to try to drive through a cable fence. When Police arrived, they found Mr. W’s truck hung up on a cable with a large amount of transmission fluid leaking under the bottom. Mr. W was reclined in the driver’s seat and was asleep. The Officers claimed that Mr. W’s engine was still on.

After Mr. W was awakened, it appeared that he was extremely intoxicated. The Officer ran a background check and found that he had 2 prior DUI’s from several years earlier. Various empty Budweiser beer cans were found around his truck. When he was asked about drinking, he stated that he drank after the truck got stuck. He also said he had called his wife to come and get him. As Mr. W was being arrested for Felony Aggravated DUI pursuant to Arizona Revised Statute ARS 28-1383, his wife attempted to call him on his cell phone.

At Trial we were able to argue that the State could not prove that the drinking had occurred prior to the accidents. In addition, we argued that they could not prove Mr. W was in “Actual Physical Control” of his truck when he was found by the Officer’s. He was merely using it as a temporary shelter as he waited for his wife to arrive. Even if his engine were running (as the cops claimed), this would be irrelevant as he was currently under “Safe Harbor” according to the law. The Jury agreed and returned the verdict of Not Guilty on all charges. Mr. W was facing a minimum of 4 months in Prison if he were to have been convicted.

December 4, 2004

December 4, 2004 By dmcantor 1200 Dismissed at Trial, 1A DUI / Vehicular Crime Jury Trial - Dismissed, 200 DUI / Vehicular Crime Victories, 908 Phoenix DUI Wins, Case Victories, City Court Victories, Jury Trial Victories, Phoenix City Court / Phoenix Municipal Court Victories

State v. Mr. F (DMC No. 4908)

DISMISSED at JURY TRIAL | DUI (.070 BAC) – State v. Mr. F. (DMC No. 4908) (Phoenix City Court 3040345) [December 4, 2004]: Mr. F. was observed driving 85 to 90 mph, when he was weaving in and out of traffic and slammed on his brakes. A fully marked DUI van almost rear ended Mr. F. as they were “pacing” him. He was subsequently arrested for DUI and provided a .070 BAC. At trial, as jury selection was nearing an end, the Prosecutor realized that it did not look favorable and dismissed all charges.

August 11, 2004

August 11, 2004 By dmcantor 113 Sex Crime Pre-Charge Victories, 21 Sex Crime Pre-Charge Victories, 23A Child Molestation/Sexual Conduct with a Minor Pre-Charge Victories, 300 Sex Crime Victories, 900 Pre-Charge Case Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr B (DMC No. 4109)

NOT CHARGED | SEXUAL MISCONDUCT WITH MINOR / CHILD MOLESTATION – In 2001, Mr. B was accused by his adopted daughter of molesting her. We were able to show that the adopted daughter was using methamphetamine and was seeking to garner money out of Mr. B, while also siding with her mom in a custody dispute. By interviewing her older sister, we were able to show that she had made up the allegations, and the Prosecutor agreed to dismiss the most serious charges (which carried a mandatory minimum of 65 years in prison), and plead Mr. B to a Furnishing Harmful Materials to a Minor. He was subsequently placed on probation and did 2 days in jail

Maricopa County Superior Court No CR2003-XXXXXX

August 2, 2004

August 2, 2004 By dmcantor 16 Miscellaneous Vehicular Crimes Victories, 200 DUI / Vehicular Crime Victories, Case Victories

State v. Ms. C (DMC No. 8045)

Ms. C. was traveling on the freeway when she was attempting to exit on an off ramp where 2 lanes merged into 1. When she suddenly realized that the 2 lanes were merging she sped up and passed on the right hand shoulder of the roadway. A DPS Officer on a motorcycle saw this, and cited her for Criminal Overtaking on the Right per Arizona Revised Statute ARS 28-724(A). Because Ms. C. had a Commercial Driver’s License, it was very important that she did not have any criminal driving convictions on her record. We were able to explain the situation to the Prosecutor, and he agreed to reduced the ticket to a simple civil violation of Unsafe Lane Usage under Arizona Revised Statute ARS 28-729.1.

July 13, 2004

July 13, 2004February 8, 2023 By dmcantor 1 DUI / Vehicular Crime Jury Trial Complete Acquittals, 1000 Complete Jury Trial Acquittals / All Criminal Charges, 200 DUI / Vehicular Crime Victories, Case Victories, Jury Trial Victories

State v. Mr. P (DMC No. 4541)

COMPLETE ACQUITTAL at JURY TRIAL/NOT GUILTY: EXTREME DUI (.179 BAC), DUI & DWI – State v. Mr. P (DMC No. 4541) (Phoenix City Court No. 3029827): Phoenix Police Officers claim that they saw Mr. P at 24^th Street and Thomas Road in Phoenix, Arizona when he exited a private drive and forced another car to swerve and slam on its brakes. The Officers rendition differed from those of another officer that was at the scene. After Mr. P was pulled over, he was given a Breath Test which revealed a .179 BAC. He was then arrested and cited for DUI. Just prior to Jury Trial, we had filed Motions arguing that the Breath Testing device did not have satisfactory calibration records. The State was forced to dismiss the Extreme DWI and DWI charges, and preceded to the Jury on the DUI charge only. At Trial, we were able to show enough discrepancies in the evidence, which resulted in a verdict of “Not Guilty” being returned on all remaining charges.

July 9, 2004

July 9, 2004 By dmcantor 16 Miscellaneous Vehicular Crimes Victories, 200 DUI / Vehicular Crime Victories, Case Victories, Tempe City Court / Tempe Municipal Court Victories

State v. Mr. S (DMC No. 7941)

Mr. S was seen driving 55 in a 45 mile per hour zone near Kyrene Road and Guadalupe Road in Tempe, Arizona. He was pulled over and it was discovered that the license plate on his car belonged to a Toyota pickup truck which Mr. S owned. Mr. S admitted that he had bought the vehicle the day before from a guy who lived in Pennsylvania. He said it did not pass emissions, so he put his other license plate (from a second car he owned) on the vehicle. We were able to show the Prosecutor that there is a rule which allows 3 day grace period for driving a vehicle between the purchase date and registration date in order to allow it to be taken to emissions. The Prosecutor agreed, and dismissed the charge of Fictitious License Plate under Arizona Revised Statute ARS 28-2531(B)(1).

September 3, 2003

September 3, 2003 By dmcantor 100 Miscellaneous Crimes Victories, 1400 Appeal/Post Conviction Relief/Habeas Corpus Victories, Case Victories

State v. Ms. A (DMC No. 9335)

In the 1990’s Ms. A had various convictions in California due to her then drug addiction. Approximately 19 years had passed since the last conviction, and she had turned her life around and had put herself through College to become a Medical Technician. She needed to have a “Fingerprint Clearance Card” from the Arizona Department of Public Safety (DPS) in order to go to Nursing School and become a Nurse. Initially, the Arizona Board of Fingerprinting denied her request for the card. We appealed that decision, and the board agreed that she was now deserving of a “good cause exception”. Ms. A went on to earn her Nursing Degree, and is now a successfully employed Nurse.

August 22, 2003

August 22, 2003 By dmcantor 1600 Probation Violation Victories, 1800 Sentence Modification Victories, 2100 Superior Court Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. D (DMC No. 4442)

PROBATION VIOLATION DISMISSED and MOTION to DESIGNATE MISDEMEANOR GRANTED/THEFT – State v. Mr. D. (DMC No. 4442) (Maricopa County Superior Court CR2001-000921C): Mr. D. had plead guilty to felony theft and was sentenced to 2 years of supervised probation. In the courts minute entry, they put “3 years” on that sentencing document in error. A Petition to Revoke his probation was subsequently filed, and we were able to go back into the court transcripts and show that the court had made an error as to the length of Mr. D.’s probation. Not only was the Petitioner Revoked dismissed outright, but we also successfully moved to designate his felony conviction as a misdemeanor.

August 2, 2003

August 2, 2003 By dmcantor 16 Miscellaneous Vehicular Crimes Victories, 200 DUI / Vehicular Crime Victories, Case Victories

State v. Mr. C (DMC No. 8036)

Mr. C was captured on photo radar traveling more than 11 miles per hour over the speed limit in the town of Paradise Valley. He was subsequently charged with Speeding per Arizona Revised Statute ARS 28-701A. We went into court and argued that Mr. C could not be identified in the ticket without him actually being present or without the Prosecutor having a witness to identify him. The Prosecutor agreed, and reduced the charge to a “No Points” Ticket of Waste of a Finite Resource under Arizona Revised Statute ARS 28-702.01(A).

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