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January 8, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, 4A DUI Drugs Dismissals, 600 Drug Crimes Victories, 82C Possession/Paraphernalia Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories, West Mesa Justice Court Victories

State v. Ms. G. (DMC No. 10743)

NOT CHARGED/DISMISSED | POSSESSION OF MARIJUANA NOT CHARGED DUI/DRUGS (Marijuana, .080 BAC) DISMISSED – State v. Ms. G. (DMC No. 10743) (West Mesa Justice Court/Salt River Indian Reservation DR2009-34939): Ms. G. was pulled over on Indian School Road & north Pima Road on the Indian Reservation.  She’s accused of having an unilluminated license plate.  A subsequent  blood test revealed a .080 blood alcohol content and have metabolite of marijuana.  The officer also claimed he found a small amount of marijuana in the car.  Due to various discovery, issues along with a potential Miranda rights violation, all charges were dismissed regarding the DUI drugs and driving and the possession of marijuana was not charged.

January 7, 2014
Posted on Author By dmcantor Categories 100U Open Container Victories, 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, 800 Miscellaneous Crime Victories, Case Victories, Manistee Justice Court Victories

State v. Mr. H. (DMC No. 10748)

REDUCED | DUI (.077 BAC)/OPEN CONTAINER REDUCED to SPEEDING and WEAVING TICKET – State v. Mr. H. (DMC No. 10748) (Manistee Justice Court TR2012-116195): Mr. H. was pulled over by a DPS Officer for allegedly weaving into the right shoulder of the roadway.  After he was stopped, the officer claimed that Mr. H. had watery and blood shot eyes and a full mouth of Mentos breath fresheners.  The officer then claimed Mr. H. failed field sobriety tests, arrested him and took him to the station where he provided a .077 BAC on his breath test.  The officer also cited Mr. H. for an Open Container for having an open New Castle Beer in his car.  Because this stop was questionable, the Prosecutor agreed to dismiss the DUI and Open Container charges in exchange for a simple Speeding and Weaving ticket. Case was in Manistee Justice Court.

January 7, 2014
Posted on Author By dmcantor Categories 100I Fake ID Victories, 16I Underage Drinking & Driving Victories, 200 DUI / Vehicular Crime Victories, 800 Miscellaneous Crime Victories, Case Victories, Justice Court Victories, University Lakes Justice Court Victories

State v. Ms. J. (DMC No. 10757)

DISMISSED/REDUCED | UNDERAGE DRINKING and DRIVING (.071) REDUCED to reckless driving with zero days in jail/FICTITIOUS LICENSE DISMISSED – State v. Ms. J. (DMC No. 10757) (University Lakes Justice Court TR2012-120607): A Tempe Police Officer saw Ms. J. and her female friend walking on Rural from Apache and they appeared to be unsteady on their feet.  He then pulled around and waited for them to get in their truck and drive, before pulling them over for allegedly weaving.  Ms. J. was subsequently given a breath test which revealed a .071, and was charged for underage drinking and driving, along with having a fictitious driver’s license.  We were able to show the prosecutor that the stop was questionable, and they agreed to reduce the charge down to a simple “reckless driving” with zero days in jail.  They also dismissed the fictitious license ticket.  The fictitious license and underage drinking and driving charges would have both caused Ms. J. to lose her driver’s license until age 21.

January 6, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Apache Junction Justice Court Victories, Case Victories

State v. Mr. C. (DMC No. 10980)

REDUCED | DUI (.069 BAC) State v. Mr. C. (DMC No. 10980) (Apache Junction City Court TR2012-01738): REDUCED to SPEEDING TICKET –  Mr. C. was stopped near the intersection of Meridian Drive and Apache Trail in Apache Junction for allegedly speeding.  He was subsequently administered various DUI tests and arrested.  Although the officer alleged that Mr. C. performed horribly on field sobriety tests, and produced a .099 on a preliminary breath test, his blood alcohol reading came back as .069.  We were able to show the Prosecutor the discrepancy between the low reading and the officer’s supposed observations, and they agreed to reduce the DUI to a simple Speeding ticket.

January 6, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Case Victories, Fountain Hills City Court Victories

State v. Mr. R. (DMC No. 4713)

DUI (.069 BAC) DISMISSED – State v. Mr. R. (DMC No. 4713) (Fountain Hills City Court TR2004-00859): Mr. R. had been seen at 1:20 in the morning travelling 69 mph in a 50 mph zone at Palisades and Shea Roads.   He was subsequently stopped and put through field sobriety tests.  He was wearing flip flops at the time, and he removed them and did the tests in bare feet.  Mr. R. was from South America, and his English was broken at best.  He subsequently provided a breath of .069 and was released.  Due to all of the issues with his language, and the fact that the field sobriety test were very suspect since he did them with bare feet, we secured a dismissal of the DUI charge.

January 6, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Case Victories, Florence Justice Court Victories

State v. Mr. L. (DMC No. 4994)

REDUCED | DUI (.067 BAC) REDUCED to SPEEDING TICKET – State v. Mr. L. (DMC No. 4994) (Florence Justice Court TR2004-0590): Mr. L. was travelling east bound on Price Road approximately a quarter mile east of State Route 79 in Florence, Arizona when he was pulled over for travelling 35 in a 15 mph zone.  The DPS Officer detected an odor of alcohol and arrested Mr. L. for DUI.  At the police station, Mr. L. provided a .067 BAC breath test.  Although the Prosecutor originally wanted Mr. L. to take a Reckless Driving conviction, we convinced him to dismiss the DUI in exchange for a simple Speeding ticket and a small fine.

January 6, 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, 900 Pre-Charge Case Victories, Case Victories

State v. Ms. M. (DMC No. 5282)

NOT CHARGED | FELONY AGGRAVATED DUI (.164 BAC) – State v. Ms. M. (DMC No. 5282) (ASU Police Department DR03-1126): A Police Officer on a bicycle claimed that Ms. M.’s car drifted over the line and almost struck him. He wrote down what he felt was the license plate, and the car was later found at the Wells Fargo area of ASU property. When Ms. M. was contacted, the vehicle was in park and the engine was running. She was subsequently arrested and charged with felony aggravated DUI because her license was suspended. We were later able to show the Prosecution that the case had issues regarding “actual physical control”, and we showed them that the original blood had been destroyed and was no longer in the State’s possession. No charges were brought against Ms. M.

January 6, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Arrowhead Justice Court Victories, Case Victories

State v. Mr. H. (DMC No. 9154)

DUI (.062 BAC) with COMMERCIAL DRIVER’S LICENSE DISMISSED – State v. Mr. H. (DMC No. 9154) (Arrowhead Justice Court TR2009-139542): Mr. H was driving a commercial tractor trailer and was pulled over in the right hand emergency lane with his hazard lights on. This is located at the State Route 101 and milepost 10.5 in Phoenix, Arizona. When the officer pulled up and made contact, Mr. H was sitting in the driver’s seat and had indicated he had pulled over to get his bearings he could stop for the night. Because the officer smelled alcohol, he then arrested Mr. H for a DUI and a DUI with a Commercial Driver’s License (CDL) per ARS 28-1381A4. We were able to show the Prosecutor that under the theory of Actual Physical Control (APC) Mr. H. was simply using his vehicle as a temporary shelter. The Prosecutor agreed to dismiss both DUI charges.

January 6, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Case Victories

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

(02593913CR). Ms. V. was stopped by police for allegedly cutting off a police officer. Police smelled alcohol on her breath and administered a Preliminary Breath Test (which revealed a .062 BAC), she was cited for Underage DUI. We alleged that there may have been no reasonable suspicion to stop her, and we secured an offer from the prosecutor to a speeding ticket with no license suspension and only a minor fine.

January 5, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Case Victories, Kingman / Cerbat Justice Court Victories

State v. Mr. J. (DMC No. 6960)

REDUCED | DUI (.056 BAC) REDUCED to OPEN CONTAINER and LITTERING TICKETS with ZERO DAYS in JAIL – State v. Mr. J. (DMC No. 6960) (Kingman/Cerbat Justice Court TR2006-08028/CR2007-0265): Mr. J. was seen in his vehicle travelling on the U.S. 90 at Mile Post 138 near Kingman, Arizona.  He was seen all over the road and tossing a Coke can from his vehicle.  When the officer made contact, he claimed he could smell an odor of alcohol and he began a DUI investigation.  Eventually Mr. J. was given a blood test which revealed a .056 BAC.  Because of Mr. J.’s age and his diabetes, combined with the low reading, we convinced the Prosecutor to dismiss the DUI charge in exchange for a simple Open Container and Littering ticket.

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