NOT CHARGED | DUI (.140 BAC) (DMC No. 3829): Mr. L. was involved in an accident and taken to the hospital where blood was drawn and given to the police as evidence. The hospital records showed that the BAC was .140%. Mr. L. denied drinking to the police officers, and stated that he had just returned from a 2-week trip in Asia and was “jet lagged,” causing him to fall asleep at the off-ramp when he had his accident. Due to the delay in obtaining his blood test results and bringing forth the case, we were able to keep the prosecutor’s office from filing charges due to speedy trial right violations.
February 3, 2014
FELONY AGGRAVATED DUI (.139 BAC with child in car) REDUCED to a misdemeanor DUI with 10 days jail – State v. Mr. C. (DMC No. 10510) (Maricopa County Superior Court CR2011-158057): Mr. C. was seen by another motorist travelling with two children in his car and weaving on and off the roadway onto the dirt shoulder. The concerned motorist called police and they subsequently pulled over Mr. C. and arrested him. He provided a .139 BAC, and was charged with FELONY AGGRAVATED DUI. We were able to convince the prosecutor that Mr. C. would lose his professional license if he had any type of felony on his record. We were offered a class 6 “open” plea, which was designated an immediate misdemeanor at the time of sentencing. Mr. C.’s professional license was not affected, and he has no felony conviction on his record.
February 3, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Case Victories, San Tan Justice Court Victories
DISMISSED | DUI (.139) – State v. Mr. S. (San Tan Justice Court No. TR-0651694CR): Mr. S. was seen pulled over on the U.S. 60 with his hazard lights on. When officers made contact they observed that his female passenger had vomited twice. They subsequently arrested Mr. S. for DUI and he provided a breath test of a .139 BAC. Due to the fact that the officer never saw Mr. S. actually driving, we filed a Motion to Dismiss for “lack of actual physical control.” Just prior to the Evidentiary Hearing, the State moved to dismiss all charges.
February 3, 2014
DUI & DWI (.138 BAC) DISMISSED at BENCH TRIAL After EVIDENTIARY HEARING for LACK of PROBABLE CAUSE to ARREST – State v. Ms. Z (DMC No. 8528) (McDowell Mountain Justice Court TR2007-182186): Ms. Z was driving with a friend near Scottsdale Road and Camelback in her husband’s new car. An Officer stated that she appeared to be driving too fast for the conditions in the area and he stopped her. He smelled an odor of alcohol beverage, and then had her conduct Field Sobriety Tests. She performed extremely well on the tests, including keeping her leg up all 30 seconds on the 1 Leg Stand. He subsequently arrested her and gave her a blood test which revealed a .138 BAC. We filed Motions to Dismiss for No Reasonable Suspicion to Stop and for Lack of Probable Cause for Arrest. At the Evidentiary Hearing at Bench Trial, the Judge agreed with us and found that she had performed the Field Sobriety Tests consistent with a sober person. He Suppressed all Evidence that would come in after the stop. The state was forced to Dismiss all charges at that point.
February 3, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Case Victories, City Court Victories, Fountain Hills City Court Victories
DUI (.136 BAC) DISMISSED due to DENIAL of RIGHT to COUNSEL ISSUE – State v. Mr. C. (DMC No. 6087) (Fountain Hills City Court TR2005-00843): Mr. C. was observed travelling down the wrong side of the street on Saguaro Boulevard. He was then seen crossing over the median to get into the proper lane. He was subsequently pulled over and arrested for DUI and Reckless driving. His blood results produced a .136 BAC. Mr. C. had requested an attorney while at the station, and was not given that option. We filed a Motion to Suppress the alcohol concentration, and the State was forced to dismiss the DUI charge, but not the Reckless Driving charge.
February 3, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Case Victories, Justice Court Victories, San Marcos Justice Court Victories
DISMISSED | DUI (.133 BAC) (San Marcos Justice Court No. 03-00376CR): Mr. D. was involved in a single vehicle accident. When officers arrived 15 minutes later, he admitted to drinking at a bar. He performed Field Sobriety Tests, and was then arrested. He ultimately provided a breath BAC of .133. Due to the failure of a witness to consent to a defense interview, we filed a Motion to Preclude his testimony. That Motion was granted, and the charges were dismissed.
An experienced Chandler DUI Lawyer knows how to defend your case in Chandler City Court. To schedule a free consultation, please call our offices at (602) 307-0808 or send us an email.
February 3, 2014
DUI (.133 BAC) REDUCED to SPEEDING/WEAVING TICKET due to ACTUAL PHYSICAL CONTROL ISSUE – State v. Mr. H. (DMC No. 4687) (Tempe City Court 04-725857): Mr. H. was observed in the City of Tempe sitting in his car parked in an alley way while he was sleeping and the engine was running. Officers woke him up and arrested him for DUI. He eventually provided a .133 BAC. We argued he was not in “Actual Physical Control” of his vehicle, and the State relented and offered a plea to a mere “speeding” and “weaving” ticket (what is known as “points”), in exchange for getting rid of the DUI charge.
February 3, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Case Victories, City Court Victories, Tolleson City Court Victories
DISMISSED | DUI (.131 BAC) State v. Mr. B. (DMC No. 7436) (Tolleson City Court TR2006-0847): Police were called to a location on west Garfield Street in Tolleson regarding a potential road rage. When they arrived, they found Mr. B. sitting behind the wheel of car. He was subsequently arrested for DUI and provided a .131 BAC. We requested the 911 tapes which would have given the police reasonable suspicion for stopping Mr. B. They had lost the 911 tapes. In addition, their case officer was unavailable for an Evidentiary Hearing and all charges were dismissed in full.
February 3, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Case Victories, East Mesa Justice Court Victories
DISMISSED | DUI (.130 BAC) (DMC No 9934) (East Mesa Justice Court No. TR2009-147904): Mr. G. was stopped by an officer for traveling 47 MPH, the officer told Mr. G. that the speed limit was 30MPH, and when Mr. G. pointed at the speed limit sign which said 45MPH, the officer then said that his tire touched the lane divider line one time. He was subsequently arrested and was charged with Extreme DUI. His blood sample came back at .130 (below the extreme level). We filed a motion to dismiss for no reasonable suspicion to stop and the judge agreed, dismissing all charges.
February 2, 2014
Posted on Author By dmcantor Categories 100F False Reporting Victories, 800 Miscellaneous Crime Victories, Case Victories
PROVIDING FALSE INFORMATION to a POLICE OFFICER REDUCED to NO DRIVERS LICENSE in POSSESSION TICKET – State v. Mr. C (DMC No. 8222) (Maryvale Justice Court JC2008-131249): Mr. C travels in a trailer all around the United States. He spent approximately 4 months a year in Arizona. He was pulled over for not having his registration sticker on his license plate, but he showed the Police Officers that he had it in the glove box and simply forgot to put it on his car. When asked for driver’s license, he provided an International Driver’s License, which is valid in 155 countries. When the Officers then asked Mr. C for social security number, he stated he did not have one. When they ran his name in their data base, they found that he did, in fact, have a social security number. When questioned about this, he stated that he did not want to provide it to the Officer’s. He was then cited with Providing False Information to a Police Officer under Arizona Revised Statute ARS 13-2907.01. We were able to explain the entire situation to the Prosecutor, and he agreed to reduce the charge down to No Driver’s License in Possession. This was a non-criminal ticket which carried a minimal fine.