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February 8, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 9 Felony Aggravated DUI’s Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Ms. C. (DMC No. 6003)

FELONY AGGRAVATED DUI (.188 BAC with child in car) REDUCED to misdemeanor DUI with 1 day in jail – State v. Ms. C. (DMC No. 6003) (Maricopa County Superior Court CR2005-135484 ):  Ms. C. had been involved in a traffic accident in which she hit a tree and had her 9 year old daughter in the car as a passenger.  She was subsequently arrested for DUI and provided a breath test which resulted in .188 BAC.  Due to the fact that the prosecutor had trouble placing our client behind the wheel under “Corpus Delicti”, we were able to secure an offer which resulted in a misdemeanor DUI and 1 day in jail at sentencing.  Ms. C. originally was facing a felony with up to 2 years in prison.

February 8, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 5 Extreme DWI Dismissals, 903 Gilbert DUI Wins, Case Victories, City Court Victories, Gilbert City Court / Gilbert Municipal Court Victories

State v. Mr. S. (DMC No. 6012)

EXTREME DUI (.185 BAC) DISMISSED – State v. Mr. S. (DMC No. 6012) (Gilbert City Court 05TR3510): Mr. S. was pulled over on Guadalupe Road allegedly travelling above the 45 mph speed limit. Upon contact, the officer indicated he smelled of alcohol, swaggered and appeared to have urinated on himself. He was subsequently arrested and gave a hand held breath test which produced a .185 BAC. While at the station, he asked for a private phone call with is lawyer, and the officer stated “this is as private as it is going to get”. The State ultimately dismissed charges due to a “denial of right to counsel issue”, and other Discovery issues.

February 8, 2014
Posted on Author By dmcantor Categories 110 DUI, DUI Drugs, Extreme DWI & Super Extreme DWI Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 4AAA DUI/Extreme & Super Extreme Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. A. (DMC No. 6763)

NOT CHARGED | EXTREME DUI (.181 BAC) – State v. Mr. A. (DMC No. 6763) (Mesa Police Department DR20052590417): Mr. A. was 81 years old and had been struck in the rear of his vehicle by another vehicle.  A police investigation ensued in which they gave him field sobriety tests in violation of the police policy regarding age.  Although Mr. A. had a blood alcohol content of .181, he was on multiple medications and had multiple health issues.  After we contacted the Court and Prosecutor, they decided not to proceed with actually charging Mr. A.

February 7, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 8 Felony Aggravated DUI Dismissals, Case Victories, Maricopa County Superior Court Victories

State v. Mr. G (DMC No. 5050)

DISMISSED | FELONY AGGRAVATED DUI (.174 BAC) DISMISSED at EVIDENTIARY HEARING due to DENIAL of INDEPENDENT TEST – State v. Mr. G. (DMC No. 5050) (Maricopa County Superior Court CR2004-041814): Mr. G. was found passed out behind the wheel of his truck in the middle lane of Priest Road in Tempe. He subsequently performed FST and was placed under arrest for felony aggravated DUI because he had two prior misdemeanor DUI’s. When he was booked into jail, he was not informed of his right to have an independent blood test administered. We were able to file a Motion and have the case dismissed at Evidentiary Hearing.

February 7, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 5 Extreme DWI Dismissals, Case Victories, Justice Court Victories, San Tan Justice Court Victories

State v. Mr. M. (DMC No. 5146)

DISMISSED | EXTREME DUI (.173 BAC) – State v. Mr. M. (DMC No. 5146) (San Tan Justice Court TR04-50807CR): Mr. M. was stopped while travelling on the U.S. 60. The officer claimed that he drifted over the line one time. He was subsequently arrested for DUI and provided a breath test which produced a .173 BAC. At an Evidentiary Hearing regarding “no reasonable suspicion to stop”, the court granted the Motion, and all charges were dismissed.

February 6, 2014
Posted on Author By dmcantor Categories 13-15 Vehicular Aggravated Assault Victories, 14 Vehicular Aggravated Assault Reduced, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, Case Victories, Gila County Superior Court Victories

State v. Mr. B (DMC No. 4290)

VEHICULAR AGGRAVATED ASSAULT (Dangerous) REDUCED to CLASS 6 OPEN/MISDEMEANOR ENDANGERMENT and EXTREME DUI with 10 DAYS JAIL – State v. Mr. B. (DMC No. 4290) (Gila County Superior Court CR2003-0510): Mr. B. was involved in a collision at the U.S. 60 and 188 Junction. The other driver and his passenger suffered severe whiplash. Mr. B. was subsequently arrested for DUI and provided a .235 BAC. He was charged with “vehicular aggravated assault” and “endangerment” along with extreme DUI. We were able to convince the Prosecutor to reduce the vehicular aggravated assault charges (which carried 5 to 15 years each) down to an endangerment class 6 open. After probation was complete, the endangerment became designated as a misdemeanor. There is no felony on Mr. B.’s record.

February 6, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 5 Extreme DWI Dismissals, 904 Glendale DUI Wins, Case Victories, City Court Victories, Glendale City Court Victories

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

(Glendale Municipal Court No. 2002023865CR): Mr. T. was found sleeping in this case in a parking lot with his keys in the ignition and the lights on, but his engine was off. He told the officer he was “too tired to drive.” Subsequently he provided a .169 breath BAC qualifying him for an Extreme DUI. The State had witness problems on the day of trial, and subsequently they moved to dismiss all charges.

Click here to learn more about Super Extreme Dui in Arizona.

February 6, 2014
Posted on Author By dmcantor Categories 13-15 Vehicular Aggravated Assault Victories, 14 Vehicular Aggravated Assault Reduced, 15A Vehicular Homicide Victories, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, 63-65 Homicide Victories, 64 Homicide Reduced, 79F Second Degree Murder Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. M (DMC No. 7863)

REDUCED | 2 COUNTS of SECOND DEGREE MURDER and 1 COUNT of AGGRAVATED ASSAULT DANGEROUS REDUCED to AGGRAVATED ASSAULT NON DANGEROUS with 4.5 YEARS of PRISON – State v. Mr. M. (DMC No. 7863) (Maricopa County Superior Court CR2006-009509): Mr. M. and two other friends were challenging another car to a drag race on the I-17. Mr. M. was in the passenger seat, and when both cars got side to side, Mr. M. hung out of the window with a baseball bat and struck the other car. After he got back into the car as both vehicles were travelling 100 mph, they collided. The other vehicle went off the roadway and two of the three passengers were killed. Mr. M. was subsequently charged with 2 counts of second degree murder and 1 count of aggravated assault dangerous. We were able to convince the Prosecutor, by using an accident reconstruction expert, that Mr. M. was not the causal factor in the crash. In exchange for dismissing both counts of second degree murder and reducing the aggravated assault dangerous to a non dangerous, we secured an open range offer in which Mr. M. was sentenced to 4.5 years in prison. He was originally facing a potential of 59 years in prison.

February 6, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 5 Extreme DWI Dismissals, Case Victories, Encanto Justice Court Victories, Justice Court Victories

State v. Mr. B (DMC No. 6502)

EXTREME DUI (.166 BAC) DISMISSED DUE to ACTUAL PHYSICAL CONTROL ISSUE – State v. Mr. B. (DMC No. 6502) (Encanto Justice Court No. TR05-54303CR): Mr. B. was found pulled over at the Gore Point of the west I-10 and 7th Avenue on ramp. The door of his vehicle was open, the engine was off and Mr. B. was sitting in the driver seat. The officer contacted him, and Mr. B. said he was waiting until he was “sober enough to drive”. He was arrested for DUI and cited for Extreme DUI once he produced a .166 breath test at the station. We argued that he was not in “Actual Physical Control”, which is an exception in the law that exists for those who pull over in order to have “safe harbor”. The State agreed, and all charges were dismissed.

February 6, 2014
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300A Complete Bench Trial Acquittal / All Criminal Charges, 200 DUI / Vehicular Crime Victories, 2A Vehicular Crimes Bench Trial Victories, Case Victories, Phoenix City Court / Phoenix Municipal Court Victories

State v. Mr. P (DMC No. 6815)

NOT GUILTY/ COMPLETE ACQUITTAL at BENCH TRIAL: EXTREME DWI (.166 BAC), DUI & DWI – State v. Mr. P (DMC No. 6815) (Phoenix City Court No.3529141): Police were called by the Fire Department who stated that they had received a call regarding a man passed out inside a running vehicle in the parking lot of The Business Patio at 32nd Street and Baseline Road in Phoenix, Arizona. When they got there, they found that Mr. P appeared intoxicated and they subsequently arrested him for DUI. He provided a .166 Blood Alcohol test, and he told them that he “was not driving, only sleeping”. One of the other Officers had also stated that earlier he had seen the car with the engine off and 2 male passengers in the car. During the Bench Trial, we argued to the Judge that there was no Actual Physical Control (APC), and Mr. P was merely using the vehicle as temporary shelter. The Judge agreed and Dismissed all charges against Mr. P.

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