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January 1, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Case Victories, White Tank Justice Court Victories

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

REDUCED | DUI (White Tank Justice Court No.: 03-03062CR): Mr. F. was accused of trying to steal a traffic cone while leaving the Phoenix International Raceway. When police contacted him, he had an odor of alcohol and performed poorly on field sobriety tests. We argued that there was possible no reasonable suspicion to stop and possible coerced blood test which had occurred when the officer said “give blood or we will take you to jail”. At the Evidentiary Hearing for coerced blood draw, the state offered a plea to a reckless driving with zero days in jail.

January 1, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, 911 Tempe DUI Wins, Case Victories, City Court Victories, Tempe City Court / Tempe Municipal Court Victories

State v. Mr. B (DMC No.)

REDUCED | DUI (Tempe Municipal Court No. 06-961213-3CR): Mr. B. was observed by a Tempe Police Officer making a wide right turn from University to Rural Road. After stopping Mr. B., 4 cues of HGN were detected, along with an odor of alcohol. Although he subsequently provided breath tests which were above the legal limit, we were informed the prosecutor we would be filing a Motion for No Reasonable Suspicion to Stop. They subsequently offered a Reckless Driving with no days in jail.

January 1, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Case Victories, City Court Victories, Glendale City Court Victories

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

REDUCED | DUI Glendale City Court-No.:2003-019729CR): Ms. C. was stopped for making a wide right turn and allegedly traveling 50 in a 25 zone. Upon contact, Ms. C. admitted to drinking, and stated she could not do well on field tests because she was “old and fat”. A search warrant was obtained and her blood was drawn. Because of a low BAC, and potential injuries regarding her injured knees and the stop itself, we were able to negotiate a plea to reckless driving and no jail.

January 1, 2010
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.)

REDUCED | DUI (0206260CR): A DPS Officer claimed that Ms. V. had an accident sometime prior to police arriving on the scene. When the police did arrive, she was out of the car and engine was off, with the car parked. We filed a Motion based on Lack of Corpus Delecti (claiming that the police could not prove she was the actual driver, nor the time that the driving occurred), and the County Attorney’s Office offered a plea to Reckless Driving with zero days in jail.

January 1, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Case Victories

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

REDUCED | DUI | (0210017CR): When Mr. W. was arrested for DUI and taken to the police station, he requested to call our office. When we spoke with him, we instructed him to ask the officer to release him in order to get an independent blood test. The officer ignored that request and booked Mr. W. into jail overnight. We subsequently filed a Motion to Suppress/Dismiss based upon Denial of Exculpatory Evidence, and the State immediately offered a plea to Reckless Driving with zero days in jail.

January 1, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, 911 Tempe DUI Wins, Case Victories, City Court Victories, Tempe City Court / Tempe Municipal Court Victories

State v. Mr. C (DMC No.)

(Tempe Municipal Court No. 06-963549-3CR): Mr. C. was involved in a traffic accident at a red light. We were able to show that it was the other driver’s fault, and that even though Mr. C. had a breath alcohol content near the legal limit, we were able to convince the State to reduce his DUI with a CDL to Reckless Driving. Because Mr. C. had a commercial driver’s license, he was able to keep his job and spent zero days in jail.

January 1, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Case Victories, Kyrene Justice Court Victories

State v. Mr. W (DMC No.)

(Kyrene Justice Court No. TR04-03170CR): Mr. W. was stopped by police during an East Valley DUI Task Force over the Thanksgiving holiday. Police claimed he was going 10 mph below the speed limit. After he was arrested, he was being transported to the police station when the officer decided to stop another vehicle for a DUI arrest. Once he got to the station, he provided a blood test which was above the legal limit. Because of problems with the blood draw (two phlebotomists were used), we were able to get the DUI dismissed and secure a plea to Reckless Driving with zero days in jail.

January 1, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Case Victories, McDowell Mountain Justice Court Victories

State v. Mr. S. (DMC No. 7175)

DUI REDUCED to Reckless Driving – State v. Mr. S. (DMC No. 7175) (McDowell Mountain Justice Court No. TR2006-173848): Police were called by a Civilian that reported Mr. S running a red light, then pulling off the road suddenly and stopping. When police arrived the Civilian Witness was there, and Mr. S was still behind the wheel of his car. He appeared to be impaired by alcohol and he told the officer’s that he had pulled over in order to “sleep it off”. Because a Civilian had actually seen him driving, the affects of a Corpus Delicti and lack of Actual Physical Control defeense were greatly diminished. Even though Mr. S had 3 prior DUI’s and 1 prior Reckless Driving, we were still able to secure a Reckless Driving Plea which involved no jail time.

January 1, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, 911 Tempe DUI Wins, Case Victories, City Court Victories, Tempe City Court / Tempe Municipal Court Victories

State v. Mr. M. (DMC No. 7187)

REDUCED | DUI  – State v. Mr. M. (DMC No. 7187) (Tempe City Court No. 06-963584): Mr. M was stopped for allegedly doing 62 in a 35. After he was stopped it was determined he was under 21, but had been drinking. He was arrested for DUI and provided a breath sample that was below the legal limit. Even though he could still be convicted of an Underage Drink and Driving, we convinced the Prosecutor to extend a Reckless Driving offer which only involved classes.

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