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September 1, 2015
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 56 Felony Aggravated Assault Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. D (DMC No. 9521)

AGGRAVATED ASSAULT DANGEROUS (with GUN and 2 PRIOR FELONY CONVICTIONS) NOT CHARGED – State v. Mr. D (DMC No. 9521) (DPS DR No.2010-011410): Mr. D was traveling in the area of the I-17 and State Route 101 interchanges in Phoenix, Arizona. Another vehicle had cut him off and had engaged Mr. D in a “road rage” incident. The other vehicle pulled up to Mr. D and was attempting to force him off the road. Mr. D held up a gun to display that he was armed, but did not point it at the other vehicle. The other vehicle backed off and called Police. Mr. D was then arrested and charged with Aggravated Assault with a deadly weapon. This charge carries a minimum of 5 years and a maximum of 15 years in prison. Because of this, it was important that we argued to the Detective involved in the case that this was a situation of Self Defense. We also wrote a letter detailing all of the facts of the case to the Maricopa County Attorney’s Office. Subsequently, everything was reviewed and the County Attorney Declined Charges against Mr. D.

September 1, 2015
Posted on Author By dmcantor Categories 100H MIC/MIP Victories, 101 Misc. Crimes Jury/Bench Trial Victories, 1300 Bench Trial Victories, 1300A Complete Bench Trial Acquittal / All Criminal Charges, 800 Miscellaneous Crime Victories, Case Victories

State v. Mr. L (DMC No. 9298)

NOT GUILTY/ COMPLETE ACQUITTAL at BENCH TRIAL: MINOR IN CONSUMPTION– State v. Mr. L (DMC No. 9298) (University Lakes Justice Court JC2009-157783): Mr. L was with a group of people in a car that was stopped at Lemon Road and Rural Road in Tempe, Arizona. Mr. L and another passenger had alcohol in their breath, and they were questioned about drinking alcohol. Mr. L was only 18 years old and he admitted he had drank earlier in the night. He was subsequently given a Breath Test which revealed a .106 BAC. At Bench Trial, we argued that the Statue (A.R.S.§ 4-244.41) required the alcohol to be consumed within the Jurisdiction of the University Lakes Justice Court. Because the Officer never asked Mr. L where he had consumed the alcohol, the State could not prove that he consumed within the Jurisdiction. The Judge agreed, and Dismissed all charges against Mr. L.

September 1, 2015
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300A Complete Bench Trial Acquittal / All Criminal Charges, 600 Drug Crimes Victories, 80 Drug Crime Jury/Bench Trial Victories, Case Victories

State v. Mr. S (DMC No. 9119)

NOT GUILTY/ COMPLETE ACQUITTAL at BENCH TRIAL: POSSESSION of DRUG PARAPHERNALIA – State v. Mr. S (DMC No. 9119) (Phoenix City Court No.4000922): Mr. S was with a group of other teenagers in the parking lot of a city park located at 23rd Street and Kristy Drive in Phoenix, Arizona. It was just after 10 o’clock when Officers pulled into the parking lot and shined a spotlight on Mr. S vehicle. They then came up and had everyone exit the vehicle because the park had closed and they were “trespassing”. Subsequently, a bottle of Vodka and a Marijuana bong were found in the car. Mr. S was cited for Possession of Drug Paraphernalia. At Bench Trial, we argued to the Judge that there were multiple people who could have had access or actually possessed the bong. In addition, the Police did not conduct Fingerprint Analysis of the bong. Lastly, we argued that Mr. S never admitted that the bong was his, even though Police said differently. The Judge agreed with us and found Mr. S Not Guilty of all charges.

September 1, 2015
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300A Complete Bench Trial Acquittal / All Criminal Charges, 16 Miscellaneous Vehicular Crimes Victories, 200 DUI / Vehicular Crime Victories, 2A Vehicular Crimes Bench Trial Victories, Case Victories, Scottsdale City Court Victories

State v. Mr. B (DMC No. 6074)

NOT RESPONSIBLE/ COMPLETE ACQUITTAL at BENCH TRIAL: FAILURE to YIELD to AVOID A COLLISION – State v. Mr. B (DMC No. 6074) (Scottsdale City Court TR2006-000401): Mr. B was in his car with his wife at Stagecoach Road approaching Pima Road in Scottsdale, Arizona. After they had looked both ways, he made a right hand turn slowly, and another car struck him. The driver of the other car had a suspended license. At Bench Trial, we argued that the other driver did not have his headlights on and also was not paying attention as there was no skid on the roadway. The Judge agreed with us and Dismissed the charge of Failure to Control Speed to Avoid a Collision. Because of the seriousness of the accident, Mr. B would have been put at risk for an extremely large civil settlement if he would have lost at trial.

September 1, 2015
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300A Complete Bench Trial Acquittal / All Criminal Charges, 16M Criminal Speeding Victories, 200 DUI / Vehicular Crime Victories, 2A Vehicular Crimes Bench Trial Victories, Case Victories, San Tan Justice Court Victories

State v. Ms. C (DMC No. 9559)

NOT RESPONSIBLE/ COMPLETE ACQUITTAL at BENCH TRIAL: SPEEDING – State v. Ms. C (DMC No. 9559) (San Tan Justice Court CT2010-254278): Ms. C was a school bus driver for the Higley School District. As she was transporting kids home, there was a vehicle illegally parked in front of a Fire Hydrant that was also sticking out in the roadway. Ms. C made a turn and apparently the back of her bus scrapped the other car. The incident was reported by one of the children on the bus, as Ms. C was unaware there had been an accident. At Bench Trial, we were able to show the Judge that the other vehicle was illegally parked near the school and had, in essence, placed itself in harm’s way. The Judge agreed and the charge of Failure to Control Speed to Avoid an Accident was Dismissed.

September 1, 2015
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300A Complete Bench Trial Acquittal / All Criminal Charges, 16H Reckless Driving Victories, 200 DUI / Vehicular Crime Victories, 2A Vehicular Crimes Bench Trial Victories, Case Victories, Scottsdale City Court Victories

State v. Mr. S (DMC No. 8519)

NOT GUILTY/ COMPLETE ACQUITTAL at BENCH TRIAL: RECKLESS DRIVING – State v. Mr. S (DMC No. 8519) (Scottsdale City Court TR2008-028574): Mr. S was a juvenile who was attending Desert Mountain High School and was driving out of the parking lot as school let out.  An off-duty Police Officer who acted as a Security Officer was attempting to direct traffic for 2 exits simultaneously. Mr. S began to turn right when the Officer stepped in front of his car to waive him off. As Mr. S was going 3-5mph, he struck the Officer and ran over his foot. At Bench Trial, we were able to show the Judge that this was not an intentional act and he was not in “reckless disregard” for the safety of another person. The Judge agreed with us and found Mr. S Not Guilty of Reckless Driving.

September 1, 2015
Posted on Author By dmcantor Categories 16J Driving on a Suspended License Victories, 200 DUI / Vehicular Crime Victories, Case Victories, Verde Valley Justice Court Victories

State v. Ms. K (DMC No. 8437)

DRIVING WHILE LICENSE SUSPENDED for FAILURE to INSTALL INTERLOCK DEVICE REDUCED to SPEEDING TICKET – State v. Ms. M (DMC No. 8437) (Verde Valley Justice Court TR2008-5514): Ms. M was stopped while travelling Westbound on El Rancho Bonito approximately a half mile west of Page Springs, Arizona. She was stopped by the Officer for traveling 35 in a 25mph zone. After the stop, the Officer discovered that she was required to have an Ignition Interlock Device on her vehicle due to a prior DUI conviction. He then arrested her for Driving With a Suspended License. Because Ms. B did not have the Interlock Device, she would have suffered a 1 year license suspension and Jail time if she were to be convicted. We were able to convince the Prosecutor to drop the Driving on a Suspended License charge due to the questionable nature of the stop, and the fact that she installed an Interlock Device immediately after being released from Jail. They then dismissed the Driving on a Suspended License charge and allowed Ms. M to plead to a simple speeding ticket.

September 1, 2015
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4AA DUI Drugs Reduced, 600 Drug Crimes Victories, 82A Possession/Paraphernalia Dismissals, Case Victories, Round Valley Justice Court Victories

State v. Mr. B (DMC No. 9016)

POSSESSION of DRUG PARAPHERNALIA DISMISSED / DUI DRUGS (MARIJUANA) REDUCED to REGULAR DUI (ALCOHOL) – State v. Mr. B (DMC No. 9016) (Round Valley Justice Court CR09-0142): Mr. B was coming back from a ski trip when he was stopped on State Route 260 at milepost 375 near Round Valley, Arizona. The Officer smelled the odor of Marijuana and had Mr. B exit his vehicle. He subsequently conducted a Drug Recognition Evaluation (DRE) and arrested Mr. B based on a DUI Drugs charged. After he was arrested, 3 small baggies of Marijuana were found. Due to the questionable nature of the stop at subsequent search, we were able to convince the Prosecutor to dismiss the Felony Possession of Marijuana/ Possession of Drug Paraphernalia charge. In addition, he converted the DUI Drugs charge to a DUI Alcohol charge.  If Mr. B were convicted of DUI Drugs, he would have had his license suspended for 1 full year. Because he was only being convicted of DUI Alcohol, he was able to get his license back after 30 days.

August 26, 2015
Posted on Author By dmcantor Categories 1 DUI / Vehicular Crime Jury Trial Complete Acquittals, 1000 Complete Jury Trial Acquittals / All Criminal Charges, 200 DUI / Vehicular Crime Victories, Case Victories, Encanto Justice Court Victories, Jury Trial Victories

State v. Mr. S (DMC No. 13054)

NOT GUILTY/COMPLETE ACQUITTAL at JURY TRIAL| EXTREME DWI (.157 BAC), DUI & DWI with ACCIDENT – State v. Mr. S (DMC NO. 13054) Aug 26, 2015 (Encanto Justice Court Case NO. TR2014-153715): Mr. S had been with his wife at the Twin Peaks Brewery in order to watch a Cardinals game. They had eaten lunch and had some beers before they left. As they were driving on the I-10 freeway and exiting an off-ramp at 7th Street in Phoenix, he collided with a vehicle who stopped midway through a right hand turn. Once the Police arrived, Mr. S was put through various Field Sobriety Test’s and performed flawlessly. He was ultimately given a breath test with revealed a .157 BAC.

At Jury Trial we were able to show that the alleged BAC reading must have been flawed due to the perfect performance of Mr. S on his Field Sobriety Test’s. Both the arresting Officer and our expert agreed that there must be something wrong with the reading. The Prosecutor tried to argue (unsuccessfully) that the Officer wasn’t very good at his observations during the Field Sobriety Test’s. In other words, the Prosecutor tried to say he was a deficient Officer and that the Field Sobriety Test’s results should be discounted. The Jury did not buy that argument and found Mr. S Not Guilty of All Charges. He was facing 30 days minimum in Jail.

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August 25, 2015
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300A Complete Bench Trial Acquittal / All Criminal Charges, 500 Assault / Violent Crime Victories, Case Victories, Maricopa City Court Victories

State v. Mr. W (DMC No. 8918)

COMPLETE ACQUITTAL at BENCH TRIAL | ASSAULT (August 18, 2009) – State v. Mr. W. (DMC No. 8918) (Maricopa City Court CR2008-566): Mr. W. was a teacher at Maricopa High School who taught Algebra.  A student was being disruptive and Mr. W. asked him to leave the classroom.  The student became aggressive with Mr. W. and the two made physical contact with each other.  Another student called 911 as security was being called by Mr. W.  Eventually, various students got together and told the officer an untrue story which resulted in Mr. W. being charged with Assault.  At trial, we were able to pick apart each of the students stories to show that they were not being truthful.  Mr. W. was found Not Guilty of all charges.

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