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February 8, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 5 Extreme DWI Dismissals, 908 Phoenix DUI Wins, Case Victories, City Court Victories, Phoenix City Court / Phoenix Municipal Court Victories

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

DISMISSED | EXTREME DUI (.189 BAC)(Phoenix Municipal Court No. 3493886CR): Mr. A. was seen by an officer traveling 95 to 100 miles per hour on the I-17. After he was stopped, a moderate odor of alcohol was observed. He was subsequently arrested and provided a .189 blood sample giving him an Extreme DUI. Before blood was obtained he requested to speak to a lawyer, and the officer did not accommodate that request. We filed a Motion to Dismiss based on a denial of right to counsel. The judge agreed with us and dismissed all charges.

February 8, 2014
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. Ms. C. (DMC No. 6003)

FELONY AGGRAVATED DUI (.188 BAC with child in car) REDUCED to misdemeanor DUI with 1 day in jail – State v. Ms. C. (DMC No. 6003) (Maricopa County Superior Court CR2005-135484 ):  Ms. C. had been involved in a traffic accident in which she hit a tree and had her 9 year old daughter in the car as a passenger.  She was subsequently arrested for DUI and provided a breath test which resulted in .188 BAC.  Due to the fact that the prosecutor had trouble placing our client behind the wheel under “Corpus Delicti”, we were able to secure an offer which resulted in a misdemeanor DUI and 1 day in jail at sentencing.  Ms. C. originally was facing a felony with up to 2 years in prison.

February 8, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 5 Extreme DWI Dismissals, 903 Gilbert DUI Wins, Case Victories, City Court Victories, Gilbert City Court / Gilbert Municipal Court Victories

State v. Mr. S. (DMC No. 6012)

EXTREME DUI (.185 BAC) DISMISSED – State v. Mr. S. (DMC No. 6012) (Gilbert City Court 05TR3510): Mr. S. was pulled over on Guadalupe Road allegedly travelling above the 45 mph speed limit. Upon contact, the officer indicated he smelled of alcohol, swaggered and appeared to have urinated on himself. He was subsequently arrested and gave a hand held breath test which produced a .185 BAC. While at the station, he asked for a private phone call with is lawyer, and the officer stated “this is as private as it is going to get”. The State ultimately dismissed charges due to a “denial of right to counsel issue”, and other Discovery issues.

February 8, 2014
Posted on Author By dmcantor Categories 110 DUI, DUI Drugs, Extreme DWI & Super Extreme DWI Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 4AAA DUI/Extreme & Super Extreme Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. A. (DMC No. 6763)

NOT CHARGED | EXTREME DUI (.181 BAC) – State v. Mr. A. (DMC No. 6763) (Mesa Police Department DR20052590417): Mr. A. was 81 years old and had been struck in the rear of his vehicle by another vehicle.  A police investigation ensued in which they gave him field sobriety tests in violation of the police policy regarding age.  Although Mr. A. had a blood alcohol content of .181, he was on multiple medications and had multiple health issues.  After we contacted the Court and Prosecutor, they decided not to proceed with actually charging Mr. A.

February 7, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 8 Felony Aggravated DUI Dismissals, Case Victories, Maricopa County Superior Court Victories

State v. Mr. G (DMC No. 5050)

DISMISSED | FELONY AGGRAVATED DUI (.174 BAC) DISMISSED at EVIDENTIARY HEARING due to DENIAL of INDEPENDENT TEST – State v. Mr. G. (DMC No. 5050) (Maricopa County Superior Court CR2004-041814): Mr. G. was found passed out behind the wheel of his truck in the middle lane of Priest Road in Tempe. He subsequently performed FST and was placed under arrest for felony aggravated DUI because he had two prior misdemeanor DUI’s. When he was booked into jail, he was not informed of his right to have an independent blood test administered. We were able to file a Motion and have the case dismissed at Evidentiary Hearing.

February 7, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 5 Extreme DWI Dismissals, Case Victories, Justice Court Victories, San Tan Justice Court Victories

State v. Mr. M. (DMC No. 5146)

DISMISSED | EXTREME DUI (.173 BAC) – State v. Mr. M. (DMC No. 5146) (San Tan Justice Court TR04-50807CR): Mr. M. was stopped while travelling on the U.S. 60. The officer claimed that he drifted over the line one time. He was subsequently arrested for DUI and provided a breath test which produced a .173 BAC. At an Evidentiary Hearing regarding “no reasonable suspicion to stop”, the court granted the Motion, and all charges were dismissed.

February 6, 2014
Posted on Author By dmcantor Categories 13-15 Vehicular Aggravated Assault Victories, 14 Vehicular Aggravated Assault Reduced, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, Case Victories, Gila County Superior Court Victories

State v. Mr. B (DMC No. 4290)

VEHICULAR AGGRAVATED ASSAULT (Dangerous) REDUCED to CLASS 6 OPEN/MISDEMEANOR ENDANGERMENT and EXTREME DUI with 10 DAYS JAIL – State v. Mr. B. (DMC No. 4290) (Gila County Superior Court CR2003-0510): Mr. B. was involved in a collision at the U.S. 60 and 188 Junction. The other driver and his passenger suffered severe whiplash. Mr. B. was subsequently arrested for DUI and provided a .235 BAC. He was charged with “vehicular aggravated assault” and “endangerment” along with extreme DUI. We were able to convince the Prosecutor to reduce the vehicular aggravated assault charges (which carried 5 to 15 years each) down to an endangerment class 6 open. After probation was complete, the endangerment became designated as a misdemeanor. There is no felony on Mr. B.’s record.

February 6, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 600 Drug Crimes Victories, 76-78 Misconduct Involving a Weapon Victories, 78 Misconduct Involving a Weapon Pre-Charge Victories, 82C Possession/Paraphernalia Pre-Charge Victories, Case Victories, White Tank Justice Court Victories

State v. Mr. M (DMC No. 5699)

NOT CHARGED | MISCONDUCT with WEAPON (prohibited possessor)/POSSESSION of DANGEROUS DRUGS and MARIJUANA NOT CHARGED – State v. Mr. M. (DMC No. 5699) (White Tank Justice Court TR05-00443): Mr. M. was observed driving in a truck on State Route 101, when he drifted into the “Gore Point”. The officer pulled him over, discovered several passengers in the car with Mr. M. Mr. M. was subsequently arrested for extreme DUI and produced a .230 BAC. Inside of the truck, a gun was found under the seat along with marijuana and anabolic steroids. Mr. M. invoked his right to remain silent. We were able to convince the Prosecutor that the gun, marijuana and steroids could have belonged to any of the people in the vehicle. They agreed to not press those charges, and eventually allowed Mr. M. to plead to only an extreme DUI with just 10 days in jail. Mr. M. would have been facing 3 to 6 years in prison for being a “prohibited possessor” if he were charged and convicted.

February 6, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 5 Extreme DWI Dismissals, 904 Glendale DUI Wins, Case Victories, City Court Victories, Glendale City Court Victories

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

(Glendale Municipal Court No. 2002023865CR): Mr. T. was found sleeping in this case in a parking lot with his keys in the ignition and the lights on, but his engine was off. He told the officer he was “too tired to drive.” Subsequently he provided a .169 breath BAC qualifying him for an Extreme DUI. The State had witness problems on the day of trial, and subsequently they moved to dismiss all charges.

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February 6, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 54 Felony Aggravated Assault Dismissals, 63-65 Homicide Victories, 64 Homicide Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. B (DMC No. 4121)

4 COUNTS of AGGRAVATED ASSAULT DANGEROUS DISMISSED and 1 COUNT of SECOND DEGREE MURDER REDUCED to MANSLAUGHTER with 10.5 YEARS in PRISON – State v. Mr. B. (DMC No. 4121) (Maricopa County Superior Court 2012-017982): Mr. B. and his friends had issues with another group of people regarding a laptop computer. The other group of people came over to Mr. B.’s house were pounding on the door and broke a window. As they were driving away, Mr. B. fired a gun at the car and struck and killed a female passenger (who was a mother of a small child). The other four people in the car were alleged victims of aggravated assault dangerous. Mr. B. was facing a potential of 82 years in prison, and we were able to convince the Prosecutor to drop the 4 counts of aggravated assault dangerous and reduce the second degree murder to manslaughter. He was sentenced to the presumptive term of 10.5 years in prison, in which Mr. B. was released after 9 years (for good behavior).

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