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December 18, 2011
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300B Dismissed at Bench Trial, 16J Driving on a Suspended License Victories, Case Victories, San Tan Justice Court Victories

State v. Ms. A (DMC No.7309)

DISMISSED at BENCH TRIAL | DRIVING ON A SUSPENDED LICENSE – State v. Ms. A. (DMC No.7309) (San Tan Justice Court No. TR06-0651336): Ms. A. had prior driving tickets which resulted in the suspension of her license. Although she had a prior Driving on a Suspended License, she thought she had adequately taken care of her license issues. When she was pulled over for a brake light violation, she was arrested and charged with Driving on a Suspended License. We were able to show that the DMV had mailed Ms. A. a Notice of Suspension approximately 5 months after the actual driving suspension date began. When it came time for a trial to the Judge, the State was unable to proceed and charges were dismissed.

November 16, 2011
Posted on Author By dmcantor Categories 16J Driving on a Suspended License Victories, Case Victories, City Court Victories, Scottsdale City Court Victories

State v. Mr. H (DMC No.)

REDUCED | DRIVING ON A SUSPENDED LICENSE – State v. Mr. H. (Scottsdale Municipal Court No. TR-2006033384): Mr. H. was pulled over for having a cracked windshield. The officer informed Mr. H. that his license was suspended, but Mr. H. indicated he thought he had taken care of this license suspension because he had renewed his New Mexico license prior to coming to Arizona on vacation. Due to the fact that Mr. H. was never told he would have to pay a reinstatement fee in Arizona, we were able to get that charge dismissed in exchange for a cracked windshield ticket.

March 27, 2011
Posted on Author By dmcantor Categories 16J Driving on a Suspended License Victories, Apache Junction Justice Court Victories, Case Victories

State vs. Mr. G (DMC No. 10065)

REDUCED | DRIVING ON A SUSPENDED LICENSE  – State vs. Mr. G. (DMC No. 10065) (Apache Junction Justice Court No. TR2010-06331): Mr. G. was stopped for a minor traffic violation and it was discovered his license was suspended.  He told police that his license was not suspended and there was a mistake at the DMV.  Because Mr. G. would lose his license another year should he be convicted of driving on a suspended license, he was facing a serious penalty.  We were able to convince the prosecutor that it would serve the greater interest to reduce this to a charge of Unsworn Falsification (ARS 13-2704 A1), which would not result in Mr. G.’s license being suspended.  He was able to keep his job which required a valid license.

January 7, 2010
Posted on Author By dmcantor Categories 16J Driving on a Suspended License Victories, 200 DUI / Vehicular Crime Victories, 2000 Juvenile Court Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Case Victories

State v. Ms. C (DMC No. 5527)

REDUCED | DUI (.071 BAC) and DRIVING WHILE LICENSE SUSPENDED REDUCED to UNDERAGE DRINK and DRIVE/RECKLESS with ZERO DAYS JAIL – State v. Ms. C. (DMC No. 5527) (Maricopa County Juvenile Court JV164073): Ms. C. was pulled over for failing to stop completely at a red light.  She was subsequently arrested for DUI and placed under arrest.  Because there were issues with reading her, her Miranda rights, and possibly “no probable cause” for arrest, we were able to have the case reduced from DUI/ suspended license down to an underage drink and drive/reckless with zero days in jail.  The case was also kept in Juvenile Court and did not appear on her adult record.

 

May 4, 2007
Posted on Author By dmcantor Categories 16J Driving on a Suspended License Victories, 200 DUI / Vehicular Crime Victories, Case Victories

State v. Ms. W. (DMC No. 5472)

Someone had used Ms. W’s license when they received a DUI. Based upon the conviction, the Arizona DMV was going to suspend Ms. W’s driver’s privileges. At the hearing, we were able to present evidence that the person who was convicted of the DUI was not Ms. W. Although they were originally seeking to suspend her under Arizona Revised Statute ARS 28-1385, we were able to have the hearing vacated and Ms. W’s license was left intact.

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