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June 2, 2003
Posted on Author By dmcantor Categories 16 Miscellaneous Vehicular Crimes Victories, 200 DUI / Vehicular Crime Victories, Case Victories, Mesa City Court / Mesa Municipal Court Victories

State v. Mr. O. (DMC No. 6239)

Mr. O was driving a commercial truck which had a heavy loader improperly secured on the flatbed. He was then pulled over and written numerous tickets under Arizona Revised Statute ARS 13-5204. The code violations included No Log Book under 395.(8)(A); a Fuel Line Violation under 393.65(F); Improper Chains on Load under 393.130(C); Defective Brake Warning Device under 393.51; Brakes Out of Adjustment under 396.3(A)(1); and Unsafe Operation of a Vehicle under 396.7. If Mr. O had been held responsible for all of these violations, it would have caused him thousands of dollars and the loss of his Commercial Driver’s License. By reducing all charges to 1 Count of Unsafe Operation, he paid a small fine and kept his driving privileges.

March 11, 2003
Posted on Author By dmcantor Categories 1100 Partial Jury Trial Acquittals, 2100 Superior Court Victories, 50 Assault/Violent Crime Jury Trial Victories, 500 Assault / Violent Crime Victories, Case Victories, Jury Trial Victories, Maricopa County Superior Court Victories

State vs. Mr. M (DMC No. 3602)

Not Guilty | (DMC No. 3602) (Maricopa County Superior Court No. CR2002-097294): Mr. M had a history of psychological problems and post traumatic stress disorder. He had previously been convicted of aggravated burglary; aggravated assault with a weapon; and aggravated assault on a police officer in three different jurisdictions. He had spent over 4 years in jail prior to being charged in Arizona. In Arizona, he was undergoing a psychotic episode and had drunk 14 wine coolers. He had gotten into an argument with his girlfriend and caused damage in a motel before moving on to a local convenient store. He then assaulted several patrons at the convenient store when the police arrived. It took three officers to arrest him and haul him with restraints. They claimed he was kicking, biting and spitting at them. He subsequently was charged with felony aggravated assault on a police officer, misdemeanor criminal damage and misdemeanor disorderly conduct. After a 3 day trial, the jury hung on the felony charge, and it was subsequently dismissed. As to the two misdemeanor charges, Mr. M. received minor jail time only. He was originally facing a possible 10 years in prison before we represented him.

December 16, 2001
Posted on Author By dmcantor Categories 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

State v. Mr. C (DMC No. 1059)

NOT CHARGED | SEXUAL MISCONDUCT WITH A MINOR Mr. C was accused of molesting his infant daughter. He was going through a custody battle at the time, and we had him take and pass a polygraph examination. We also were able to show (through interviewing his ex-wife’s “friends”) that she had indicated she was going to make up these allegations in order to gain custody. She later refused to cooperate with the police when they sought to question her about her false allegations.

 

May 3, 2001
Posted on Author By dmcantor Categories 100J Obstruction/Hindering Operation Victories, 500 Assault / Violent Crime Victories, 57 Disorderly Conduct/Threats Dismissed, 57-59 Disorderly Conduct / Threats Victories, 800 Miscellaneous Crime Victories, Case Victories, Mesa City Court / Mesa Municipal Court Victories

State v. Mr. R (DMC No. 5319)

Mr. R was undergoing Xanax withdrawals when he walked into an Old Chicago restaurant in Mesa, Arizona. Somebody called the Police claiming that Mr. R was acting erratically and when they arrived at the restaurant they saw Mr. R fleeing on foot. He was eventually chased down, thrown to the ground and taken into custody. While he was being arrested, he began to struggle and Officers charged him with Obstructing Governmental Operations under Arizona Revised Statute ARS 13-2402(A)(2) and Disorderly Conduct under Arizona Revised Statute ARS 13-2904.

We were able to provide Prosecutor with evidence that Mr. R was detoxing from Xanax which could cause paranoia. We also presented evidence that he was talking erratically on the night that he was arrested. We then showed them that it’s inappropriate to charge someone with Obstructing a Government Operation under the Statute. The Prosecutor agreed to dismiss all charges against Mr. R. if he would remain law abiding for a short period of time and take some classes to deal with his Xanax addiction issues.

April 4, 2001
Posted on Author By dmcantor Categories 16 Miscellaneous Vehicular Crimes Victories, 200 DUI / Vehicular Crime Victories, Case Victories, East Mesa Justice Court Victories

State v. Mr. T. (DMC No. 4400)

Mr. T was seen by a DPS Officer in the area of Sossaman and Rittenhouse speeding and attempting to pass in an unsafe manner. He was pulled over and given a verbal warning. 20 minutes later, the Officer claimed that Mr. T passed him at the location of Baseline and Power Road and “burned or chirped” his tires. He was then pulled over and cited for Exhibition of Speed under Arizona Revised Statute ARS 28-708(A). We were able to show the Prosecutor that Mr. T was merely attempting to make the light, and that the Officer was upset at Mr. T for the incidence that happened 20 minutes earlier. The Prosecutor agreed to reduce the criminal ticket down to a simple civil Speeding and Weaving ticket with a small fine.

December 19, 2000
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 9 Felony Aggravated DUI’s Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. F. (DMC No. 7196)

REDUCED | 3rd Offense Felony Aggravated DUI, State v. Mr. F. (DMC No. 7196) (Maricopa County Superior Court No. CR 2006-174415): Mr. F. had 2 prior felony DUI’s in which he had gone to prison. He had now had a 3rd felony DUI and was facing 6 to 15 years in prison (with 10 years being the presumptive sentence). Initially, Mr. F. was utilizing a Public Defender and had been given a so called “final offer” of 4.5 years in prison. We were able to take over the case and file Motions regarding No Reasonable Suspicion to Stop and No Probable Cause for Arrest. Ultimately, the prosecutor agreed to withdraw the allegations of the 2 prior felony DUI’s and offered a 1st offense DUI with a mitigated sentence of 1.5 years in prison. Mr. F. ended up actually serving only 12 months in custody.

November 16, 2000
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 79B Endangerment Victories, 8 Felony Aggravated DUI Dismissals, Case Victories, Maricopa County Superior Court Victories

State v. Mr. P (DMC No.)

DISMISSED | FELONY AGGRAVATED DUI & FELONY ENDANGERMENT – (0071622CR): Mr. P. was cited for an alleged Felony Aggravated DUI and Felony Endangerment after a car accident. We were able to show that the accident was not caused by Mr. P., nor he was impaired while driving. In addition, we were able to show that he possessed a valid license at the time he was driving, therefore, there was no basis for the Felony DUI. All charges were dismissed.

November 16, 2000
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 8 Felony Aggravated DUI Dismissals, Case Victories

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

DISMISSED | FELONY AGGRAVATED DUI – (010141CR): Mr. D. was a student who was stopped by ASU Police and charged with Aggravated DUI. Officers indicated they could smell an odor of marijuana and took Mr. D. to the station for a DUI investigation. After speaking with our attorneys, Mr. D. asked to be released to get an independent chemical test of his blood. The officer denied him that right, and we were able to persuade the Maricopa County Attorney’s Office to not file charges.

November 16, 2000
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 79B Endangerment Victories, 8 Felony Aggravated DUI Dismissals, Case Victories, Maricopa County Superior Court Victories

State v. Mr. R (Case No. CR02-00323FE)(DMC No.)

DISMISSED | FELONY AGGRAVATED DUI & FELONY ENDANGERMENT (Maricopa County Superior Court, CR02-00323FE): Mr. R. was stopped for an alleged Felony Endangerment and Felony DUI, due to the fact that his license was suspended at the time of driving. Although the State had filed an allegation of Dangerousness, thereby making the penalty 1.5 years in prison for the Felony Endangerment charge, we were able to get all charges dismissed.

November 16, 2000
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 9 Felony Aggravated DUI’s Reduced, Case Victories

State v. Mr. B (DMC No.)

State v. Mr. B. (2002091340CR): Mr. B. was stopped for a DUI in which he had 2 prior DUI’s and a suspended license. This made this DUI a felony, or Aggravated DUI. Initially the prosecutor was offering 4 months in prison. We were able to argue that he was not suspended at the time he was actually stopped, and were able to secure a Second Offense Misdemeanor DUI with only 60 days in jail.

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