November 16, 2000

November 16, 2000 By dmcantor 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 8 Felony Aggravated DUI Dismissals, Case Victories, Maricopa County Superior Court Victories

State v. Mr. Z (DMC No.)

DISMISSED | FELONY AGGRAVATED DUI (Maricopa County Superior Court No. CR2003-033448): Mr. Z. had 2 prior DUI’s. He had not had a DUI in over a year when Chandler Police Department showed up and arrested him for a warrant for an alleged aggravated DUI. We were able to show through a double jeopardy motion that once he had plead to his second DUI, jeopardy attached and he could not now be charged with a felony. Subsequently we had the prosecutor file a Motion to Dismiss all charges.

September 28, 2000

September 28, 2000 By dmcantor 200 DUI / Vehicular Crime Victories, 2000 Juvenile Court Victories, 4AA DUI Drugs Reduced, Case Victories

State v. Mr. E (DMC No. 5045)

REDUCED | DUI DRUGS (Cocaine, methamphetamine, marijuana) REDUCED to DUI ALCOHOL – State v. Mr. E. (DMC No. 5045) (Maricopa County Juvenile Court JV538791): Mr. E. was stopped for allegedly rolling through a stop sign. Upon contact, the officers stated that he had smelled of alcohol. He admitted to drinking 1 beer, then they asked him about marijuana. When he admitted smoking, he was placed under arrest and a urine sample was taken, which showed cocaine, methamphetamine, and marijuana. Mr. E. was facing the loss of his license until he was 21, followed by another 1 year suspension due to the DUI drugs. We were able to keep the case in juvenile court, and he has no drug conviction on his record because we had the case reduced to an “alcohol” charge.

August 25, 2000

August 25, 2000 By dmcantor 200 DUI / Vehicular Crime Victories, 4AA DUI Drugs Reduced, Case Victories, Tolleson City Court Victories

State v. Mr. C (DMC No. 5042)

REDUCED | DUI DRUGS (Valium, Temazepam, Clonazepam) REDUCED to DUI ALCOHOL – State v. Mr. C. (DMC No. 5042) (Tolleson City Court TR2004-0696): Mr. C. was seen driving erratically prior to turning into the parking lot of a liquor store located at 9312 W. Van Buren Street. He struck an exterior wall, and then was subsequently contacted by police. He was processed for a DUI and then provided a urine sample which revealed metabolites of Valium, Temazepam and Clonazepam. Mr. C. had various medical issues which required the use of those prescription drugs. Due to his medical issues, we were able to show the Prosecutor that he was not impaired by drugs, but instead by a small amount of alcohol he had consumed prior. By having the charge reduced down from DUI “drugs” to DUI “alcohol”, we were able to save Mr. C. from a 1 year license suspension, which would have prevented him from driving to the doctor’s office for his treatments.

June 15, 2000

June 15, 2000 By dmcantor 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Case Victories, Wickenburg City / Town Court Victories

State v. Mr. M. (DMC No. 5142)

DUI (blood results lost) DISMISSED – State v. Mr. M. (DMC No. 5142) (Wickenburg City Court CR2004-0158): Mr. M. had gotten off work and had 3 beers with co-workers at a local bar. He also had a quarter of a beer left in his car when he was pulled over for allegedly speeding. Due to his poor English, the field sobriety tests revealed poor results. He ultimately provided blood at the station, and the officers asked him to walk a mile back to his car to drive home. Due to the numerous issues in the case, we had the charges dismissed in their entirety.

March 3, 2000

March 3, 2000 By dmcantor 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 4AA DUI Drugs Reduced, 9 Felony Aggravated DUI’s Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. A. (DMC No. 5793)

AGGRAVATED DUI (methamphetamine) – class 4 FELONY REDUCED to Misdemeanor DUI with 1 DAY in JAIL – State v. Mr. A. (DMC No. 5793) (Maricopa County Superior Court CR2005-031868): Mr. A. was observed travelling 75 to 80 mph on State Route 87, when he weaved 3 times over the line during a 2 mile stretch. He subsequently was pulled over and found to have a suspended license. In addition, he was accused of smoking methamphetamine (due to a glass pipe being found in his possession). Due to the questionable nature of the stop, we were able to have the case reduced from a class 4 felony, which included a minimum of 4 months in prison, down to a mere 1st offense regular DUI with only 1 day in jail.

February 20, 2000

February 20, 2000 By dmcantor 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, 908 Phoenix DUI Wins, Case Victories, City Court Victories, Phoenix City Court / Phoenix Municipal Court Victories

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

DUI DISMISSED – State v. Mr. A (Phoenix Municipal Court No. M-0741-4490506): Mr. A was stopped while sitting in his car in the parking lot of a restaurant. The restaurant manager had called 911 and reported that Mr. A was impaired. The officer claimed he had bloodshot, watery eyes and an odor of alcohol. During the eye test (HGN), Mr. A exhibited all 6 out of 6 cues and performed poorly on the other field sobriety tests (FSTs). Although Mr. A had a low BAC, his blood results showed the presence of marijuana. However, due to our arguments to the prosecutor that there was no proof of driving (actual physical control), the State dismissed all charges.

February 19, 2000

February 19, 2000 By dmcantor 1400 Appeal/Post Conviction Relief/Habeas Corpus Victories, 200 DUI / Vehicular Crime Victories, 8 Felony Aggravated DUI Dismissals, Case Victories, Maricopa County Superior Court Victories

State v. Mr. H (DMC No. 5786)

CONVICTION REVERSED | AGGRAVATED DUI – State v. Mr. H. (DMC No. 5786) (Maricopa County Superior Court CR2002-009835): Mr. H. had been pulled over for an alleged DUI, with a suspended license. This was a potential “Aggravated DUI” which would expose Mr. H. to a minimum of 4 months in prison. Mr. H. immediately invoked his right to call our office and he was arrested and taken to the station. When we called him back, we requested a private phone call, and the officer would not leave the room. A Motion to Suppress was subsequently filed for Denial of Right to Counsel, and Interference with Right to gather Exculpatory Evidence. The Trial Court Judge denied these Motions, and we then appealed to the Court of Appeals. The Court of Appeals agreed with us, and reversed Mr. H.’s conviction and suppressed all evidence regarding blood or statements. His case was ultimately dismissed in full.

February 5, 2000

February 5, 2000 By dmcantor 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 8 Felony Aggravated DUI Dismissals, Case Victories, Maricopa County Superior Court Victories

State v. Ms. H. (DMC No. 4867)

FELONY AGGRAVATED DUI DISMISSED – State v. Ms. H. (DMC No. 4867) (Maricopa County Superior Court CR2002-010039): Ms. H. was involved in a hit and run accident, and upon contact by police she was observed to behaving in a bizarre fashion. Fire Department was called to treat her, and then she was asked to provide a blood and a breath sample. She resisted with Officers, and was ultimately placed under arrest. Due to prior DUI and suspended license, she was charged with felony aggravated DUI. We were able to secure Doctors records and a physiological exam to show that she was incompetent to stand trial pursuant to Rule 11. Subsequently, all charges against Ms. H. were dropped.

February 5, 2000

February 5, 2000 By dmcantor 200 DUI / Vehicular Crime Victories, 8 Felony Aggravated DUI Dismissals, Case Victories, Globe Justice Court Victories, Justice Court Victories

State v. Mr. G (DMC No. 809)

DISMISSED | AGGRAVATED DUI – State v. Mr. G. (DMC No. 809) (Globe Justice Court 14156): Mr. G. was driving in his pickup truck with two females, when the truck stopped in the middle of the road and the two females jumped out. There was a wasp inside the truck, and an Officer was driving by when he saw this occur. After they had all got back into the vehicle and began driving, the Officer pulled them over. Due to Mr. G.’s prior DUI’s and a suspended license he was charged with aggravated DUI. Due to various Discovery violations, the State dismissed all charges.

January 10, 2000

January 10, 2000 By dmcantor 10 Felony Aggravated DUI Pre-Charge Victories, 110 DUI, DUI Drugs, Extreme DWI & Super Extreme DWI Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 900 Pre-Charge Case Victories, 906 Mesa DUI Wins, Case Victories, City Court Victories, Mesa City Court / Mesa Municipal Court Victories

State v. Mr. W (DMC No. 10168)

NOT CHARGED/DISMISSED | AGGRAVATED DUI NOT CHARGED/MISDEMEANOR DUI – State v. Mr. W. (DMC No. 10168) (Mesa City Court 2008-046536): Mr. w. was accused of taking a large U-Haul truck through a fast food drive thru and striking the roof. When police arrived, they contacted Mr. W. outside of his vehicle and he invoked his right to counsel. Mr. W. was unable to contact an attorney. The City Prosecutors Officer mistakenly accused Mr. W. of having a suspended driver license for a previous DUI. They then dismissed the misdemeanor in order to route the case for felony charges. Due to the fact that Mr. W. did not have a suspended license, the fact that he had problems reaching an attorney, and the fact that the State had trouble contacting the witness who was to place Mr. W. behind the wheel, no felony charges were ever brought against Mr. W., and the misdemeanor statute of limitations ran.

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