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February 1, 2014
Posted on Author By dmcantor Categories 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. P. (DMC No.)

DISMISSED | DWI (.108 BAC) (Phoenix Municipal Court No. 2784578CR): Mr. P. was stopped by Phoenix Police for an alleged DWI violation. Although his breath alcohol content was a .108, we were able to demonstrate that the officer who stopped him denied Mr. P.’s right to counsel when he requested to speak to a lawyer. The State moved for several continuances in order to respond to the Motion, then after reviewing all of the facts the State moved to dismiss for factual deficiency.

February 1, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, 902 Chandler DUI Wins, Case Victories, Chandler City Court / Chandler Municipal Court Victories, City Court Victories

State v. Mr. B. (DMC No. 6117)

DUI (.107 BAC) REDUCED to SPEEDING/WEAVING TICKET due to IMPROPER LABELED BLOOD VIAL – State v. Mr. B. (DMC No. 6117) (Chandler City Court 05-C-2666461): Mr. B. was involved in a traffic accident, when officers pulled up and found him standing near his car. He initially denied driving and refused all sobriety tests. He was arrested and provided a .107 blood test. Due to the improperly labeled blood vial, we made an argument that the reading would not be admissible evidence. The Prosecutor agreed, and amended the DUI charge down to a simple “speeding” and “weaving” ticket.

February 1, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Case Victories, City Court Victories, El Mirage City Court Victories

State v. Mr. M. (DMC No. 6551)

DISMISSED | DUI (.107 BAC) – State v. Mr. M. (DMC No. 6551) (El Mirage City Court TR2006-307): Mr. M. was with his friends riding his motorcycle when all three were pulled over for alleged speeding. Mr. M. was given field tests, then was arrested and taken to the station, where he was provided a .107 breath test. He requested to call an attorney, and when we spoke with him we asked him to request a private phone call. The officer would not leave the room, and due to the potential Denial of Right to Counsel the Prosecutor agreed to dismiss the DUI.

February 1, 2014
Posted on Author By dmcantor Categories 10 Felony Aggravated DUI Pre-Charge Victories, 111 Felony Aggravated DUI Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 600 Drug Crimes Victories, Case Victories

State v. Mr. A. (DMC No. 6480)

NOT CHARGED | FELONY AGGRAVATED DUI (.205 BAC) NOT CHARGED/plead to a misdemeanor DUI with 10 days jail – State v. Mr. A. (DMC No. 6480) (Tempe City Court 06-923898): Mr. A. was pulled over for allegedly swerving on the roadway.  He was subsequently arrested for DUI and produced a .205 BAC.  He had two prior DUI’s from another State, and his license was suspended in that State.  Although he was mistakenly cited into the City of Tempe misdemeanor court, we were able to convince the prosecutor to not route the file to felony court for AGGRAVATED DUI prosecution.  Due to the out of State priors and the difficulty of obtaining proof of those priors, the prosecutor offered a 1st offense misdemeanor deal with only 10 days in jail.  In the “avowals” of the plea agreement we added language that “the defendant avows he has no prior convictions that the State can prove”.

February 1, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Case Victories, West Mesa Justice Court Victories

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

(West Mesa Justice Court No. 02-8625CR): Mr. B. was accused of recklessly changing lanes and traveling at a high rate of speed. He performed Field Sobriety Tests and provided a .104 breath BAC. Due to various problems with the filing of discovery paperwork by the officer, the judge terminated prosecution shortly after our filing of a Notice of Appearance.

February 1, 2014
Posted on Author By dmcantor Categories 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. M (DMC No.)

DISMISSED | DUI (.103 BAC) (Phoenix Municipal Court No. 2833326CR): Mr. M. was stopped by City of Phoenix Police for an alleged DUI. He provided a .103 blood sample and requested to speak to his attorney. Because the police were going to release him, they did not comply with Mr. M.’s request. He was eventually released a couple of hours later. Because the police denied Mr. M.’s right to counsel, he could receive advice regarding obtaining an independent blood test for a hospital. Upon the filing of a Motion to Dismiss for Denial of Right to Counsel, the City of Phoenix Prosecutor’s Office dismissed all charges.

February 1, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Case Victories, Flagstaff City Court Victories

State v. Mr. W. (DMC No. 4436)

DUI (.103 BAC) DISMISSED – State v. Mr. W. (DMC No. 4436) (Flagstaff City Court CR2003-003654): On Halloween, Mr. W. pulled up to a red light in downtown Flagstaff and an Officer (who was standing there) began talking to him.  The Officer saw through the open window that Mr. W. had an open beer between his legs.  He subsequently had Mr. W. exit the car and began conducting field sobriety tests.  Once he was taken to the police station, he provided a .103 breath test and was booked into jail overnight.  Due to the questionable nature of the stop, combined with the fact that there was no improper driving, we secured a dismissal of the DUI charge.

February 1, 2014
Posted on Author By dmcantor Categories 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. W. (DMC No.)

DISMISSED | DUI (.103 Blood) (Phoenix Municipal Court No. 2846389CR): Mr. W. was stopped by City of Phoenix Police, who claimed he was weaving in his lane. A warrant was subsequently obtained to draw Mr. W.’s blood, which revealed a .103 BAC. Mr. W. had asked to be released so he could get his own blood test at a hospital, but the police did not comply. We filed a Motion based upon the denial of his right to get an independent test, and the State moved to dismiss all charges.

February 1, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Case Victories, Hassayampa Justice Court Victories

State v. Ms. S. (DMC No.)

DWI DISMISSED – State v. Ms. S. (Hassayampa Justice Court No. TR-2006144957000): Ms. S. made a u-turn and clipped a curb, thereby causing a flat tire. She was driving 5 miles per hour to get a well-lit area when a cop pulled her over. The officer changed her tire for her and spoke with her for about 15 minutes. It suddenly dawned on him that he smelled an odor of alcohol, and he arrested her for DWI. While at the station, she attempted two breath tests: the first one failed and the second one revealed a .102 BAC. We were able to convince the prosecutor to subsequently dismiss the case based on the weakness of the State’s case.

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