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February 4, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 24-25A Child Pornography Victories, 25 Child Pornography Reduced, 300 Sex Crime Victories, 38C Furnishing Harmful or Obscene Materials to a Minor, 800 Miscellaneous Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. C (DMC No. 4292)

REDUCED | 2 COUNTS of CHILD PORNOGRAPHY/4 COUNTS of FURNISHING OBSCENE MATERIALS to a MINOR REDUCED to PROBATION with ZERO DAYS JAIL – State v. Mr. C. (DMC No. 4292) (Maricopa County Superior Court CR2003-036856): Mr. C. was going through a nasty child custody battle when his baby’s mother accused him of molesting their 2 year old daughter.  There was no evidence of any molest, and charges were not brought regarding Sexual Conduct with a Minor.  However, charges were brought that Mr. C. had allegedly distributed pornography to a teenage male who lived in the same apartment complex.  Also, there were allegations of child pornography on his computer.  We were able to have the case reduced to a single count of furnishing harmful or obscene materials to a minor with probation and zero days jail.  Originally Mr. C. could have been facing 20 years minimum in prison on just the 2 counts of child pornography.

February 4, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 9 Felony Aggravated DUI’s Reduced, Case Victories, Page Justice Court Victories

State v. Mr. O. (DMC No. 8863)

AGGRAVATED DUI (.149 BAC) with CHILD in CAR REDUCED to MISDEMEANOR with 1 DAY in JAIL – State v. Mr. O. (DMC No. 8863) (Page Justice Court CR2009-12): Mr. O. was observed pulling into a National Forest Service Park without allegedly paying the camping fee.  Officers arrived at Lakeshore Drive and Scorpion Place in Page, Arizona, and contacted Mr. O.  He had two children in his car, and based on an odor of alcohol he was arrested for DUI.  Once at the station he was given a breath test which showed that he had .149 BAC.  Because officers told him that he had to take a breath test or he would also be charged with Federal felony charges, we argued that they “coerced” him into providing evidence. In addition, we questioned the nature of this stop based on an anonymous call.  The Prosecutor agreed to dismiss the felony DUI in exchange for a Misdemeanor with 1 day in jail.  Originally, Mr. O. was facing up to 2 years in prison.

February 4, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Case Victories, East Mesa Justice Court Victories

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

DISMISSED | DUI (.147) – (East Mesa Justice Court No. 03-04769CR): Ms. K. was pulled over for only having one headlight on, and traveling 80 mph on the freeway. Upon contact with the officer, she performed moderately okay on Field Sobriety Tests, and produced a .147% BAC. Because the State was having trouble convincing witnesses to appear for defense interviews, we were able to file a Motion to Preclude their testimony. The State was then forced to dismiss all charges.

February 4, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Case Victories, Justice Court Victories, Parker Justice Court Victories

State v. Mr. D (DMC No. 6512)

DUI (.146 BAC) DISMISSED due to DISCOVERY DELAY – State v. Mr. D. (DMC No. 6512) (Parker Justice Court/La Paz County Sherriff’s Office Complaint No. 27801): Mr. D. lived in California and was a recent graduate of the Police Academy. He was vacationing in Parker, Arizona. He had been drinking at his hotel with a friend and they drove to the store to pick up some items. The officer pulled Mr. D. over for an unknown reason, and had him perform field tests in his flip flops. He was arrested, submitted to a breath test which revealed a .146, and then requested to call an attorney. He was never given a phone or a phone book. Due to the issues with Denial of Right to Counsel, and No Reasonable Suspicion to Stop, we requested extensive Discovery from the officer. Due to the Discovery not being turned over in a timely manner, the Court dismissed all charges.

February 4, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Case Victories, Eloy Justice Court Victories

State v. Mr. G. (DMC No. 9626)

DUI & DWI (.146 BAC) DISMISSED DUE to FAILURE of POLICE to PROVIDE INTERPRETER – State v. Mr. G (DMC No. 9626) (Eloy Justice Court TR2009-4745): Mr. G was seen on the I-10 freeway near milepost 212 by Eloy, Arizona traveling 70mph in a 55mph zone. He was subsequently pulled over and an odor of alcohol was detected by the Officer. Mr. G was a deaf male who spoke only American sign language. The Officer proceeded to arrest Mr. G and have him submit to a blood test which revealed a .146 BAC. He never secured a sign language interpreter to read Mr. G’s rights, or inform him of his legal options regarding the Field Tests and the Blood Test. We were able to file a Motion to Dismiss under Arizona Revised Statue § 12-242, and the case was dismissed in full

February 4, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 8 Felony Aggravated DUI Dismissals, Case Victories, Maricopa County Superior Court Victories

State v. Mr. H (DMC No.)

DISMISSED | FELONY AGGRAVATED DUI (.145 BAC) State v. Mr. H | Maricopa County Superior Court (001013312CR): Mr. H. was stopped for a Felony DUI. The police claimed he had a suspended license due to a prior DUI stop in which he had not been convicted. Because of problems with the calibration records, his .145 breath alcohol concentration would not come into evidence. The Maricopa County Attorney’s Office dismissed all charges.

February 4, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, 902 Chandler DUI Wins, Case Victories, Chandler City Court / Chandler Municipal Court Victories, City Court Victories

State v. Mr. S. (Case No. 01P856220CR)(DMC No.)

DISMISSED | DUI (.144 BAC) (Chandler Municipal Court No. 01P856220CR): Mr. S. was stopped by Chandler City Police for an alleged DUI. He subsequently provided a .144 blood sample. Because it appeared that officers had stopped him simply because it was late at night and they were “trolling for DUI’s”, we filed a Motion based on No Reasonable Suspicion to Stop. This was reviewed by the City Prosecutor and they dismissed all charges.

To speak with a Chandler DUI Lawyer, please call our offices at (602) 307-0808. We’re available via secure email form by clicking here.

February 4, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Apache Junction Justice Court Victories, Case Victories, Justice Court Victories

State v. Mr. S. (DMC No. 8944)

DUI (.144 BAC) DISMISSED – State v. Mr. S. (DMC No. 8944) (Apache Junction City Court TR2009-00598): Police were called to Mr. S.’s residence regarding allegations that he backed his truck out of his driveway and struck another vehicle.  When they arrived, they observed symptoms of alcohol intoxication and they arrested him for DUI.  Mr. S. requested to have his attorney present prior to his blood test (which was denied), and he also said that he drank a beer while he was waiting for the police to arrive.  Due to these issues, the DUI was dismissed by the Prosecutor.

February 4, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, 901 Buckeye DUI Wins, Buckeye City Court Victories, Case Victories

State v. Mr. B. (DMC No. 11254)

DUI (.144 BAC) DISMISSED due to DENIAL of RIGHT to COUNSEL ISSUE – State v. Mr. B. (DMC No. 11254) (Buckeye City Court CR2012-003769): Mr. B. was seen driving southbound on Sun Dance Parkway approaching La Posada Boulevard in Buckeye, Arizona when it was alleged that he struck the median curb several times. After a Buckeye Police Officer pulled him over, he was put through various Field Sobriety Tests and processed for an alleged DUI.  At one point, he told the officer that he had an attorney and wished to make a phone call.  Because the officer felt that Mr. B. was “verbally abusive” he told him that he would have to remain quiet for 15 to 20 minutes before he would allow him to make any phone calls.  Because he did not stay quiet for more than 5 minutes, he was never allowed to call an attorney.  All charges were ultimately dismissed.

February 4, 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. B. (DMC No. 6019)

NOT CHARGED | DUI (.143 BAC) – State v. Mr. B. (DMC No. 6019) (West Mesa Justice Court/Salt River Indian Reservation DR04-12460): Mr. B. was accused of swerving while driving south bound on the Loop 101 near McDowell Road.  Mr. B. gave the eye test, then the officer requested more tests.  Mr. B. refused, and stated he wanted to talk to his lawyer.  Ultimately, blood was drawn, and a .143 reading was obtained.  We were able to delay the case until the statue of limitations ran, and no charges were brought.

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