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

State v. Mr. R (DMC No.)

DISMISSED | EXTREME DUI (.163 BAC) (San Marcos Justice Court No. TR05-58160CR): Mr. R. was stopped during an East Valley Holiday DUI Task Force for not moving forward at a green light. He was subsequently arrested and given a blood test which revealed an Extreme DUI with a .163 BAC. Because the State did not comply with Discovery requirements, we were able to move for a dismissal at the pre-trial level. The judge granted our motion and the case was dismissed in its entirety. The State did not re-file charges within the one year statute of limitations; therefore Mr. R. did not have to serve 30 days in jail and does not have any convictions on his record.

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

February 6, 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. Mr. M (DMC No. 4404)

REDUCED | AGGRAVATED DUI (.162 BAC) – class 4 FELONY REDUCED to Misdemeanor DUI with 1 DAY in JAIL – State v. Mr. M. (DMC No. 4404) (Maricopa County Superior Court CR2004-007415): Mr. M. was accused of having a prior DUI in Arizona, and 1 in California, along with having a suspended license. We were able to prove that the Arizona DUI was dismissed, and that the out of State conviction was questionable. In addition, we showed the Mr. M.’s license was valid on the date of violation. The State ultimately reduced the Aggravated DUI charge down to a mere misdemeanor with only 1 day of jail. Originally Mr. M. was facing a minimum of 4 months in prison and a felony on his record.

February 6, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 8 Felony Aggravated DUI Dismissals, Case Victories

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

DISMISSED | FELONY AGGRAVATED DUI (.160 BAC)(200200707CR): Mr. H. was stopped and cited with an alleged Felony DUI. His subsequent blood analysis resulted in a .160 BAC. During the course of the case, the State’s offer was 4.5 years in prison. A defense had arisen based upon the advice given to Mr. H. by his previous Public Defender. On the day of trial, the State moved to dismiss all charges “in the interest of justice.”

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

State v. Ms. S (DMC No.)

State v. Ms. S. (Downtown Justice Court No. 03-02414CR): Ms. S. was seen travelling the wrong way on a one way street in downtown Phoenix. She was ultimately contacted and performed poorly on field sobriety tests. She provided a breath BAC of a .159, and then she was questioned by police. Because she was a juvenile, they did no read her her juvenile Miranda Rights and we threatened to have all statements thrown out, along with the breath test. The state then offered a plea to Minor Driving with Alcohol in System.

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

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

DISMISSED | DWI (.158 BAC) (San Tan Justice Court No. TR2006-16338): Police received a potential burglary call in a neighborhood in the area of Guadalupe. Mr. S. was seen pulling out of a neighborhood, and was subsequently stopped. Police discovered he was not the burglary suspect but had an odor of alcohol, and they arrested him. He provided a .158 blood sample. We were able to file a Motion to Dismiss based on no reasonable suspicion to stop, which was granted and resulted in the entire case being dismissed.

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

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

(White Tank Justice Court No. 03-06385CR): Mr. S. had a prior DUI and had been stopped for allegedly drinking from an open container. After performing Field Sobriety Tests, he was arrested. While at the station, Mr. S. asked to call a lawyer and the officer told him he could not talk to a lawyer until after he provided a blood sample. His BAC came at .156%. We filed a Motion for Denial of Right to Counsel, and after an Evidentiary Hearing the judge dismissed the DUI, saving Mr. S. months in jail.

February 5, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 5 Extreme DWI Dismissals, 909 Scottsdale DUI Wins, Case Victories, City Court Victories, Scottsdale City Court Victories

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

DISMISSED | DUI (.155) – (Scottsdale Municipal Court No. 2003-12905CR): Mr. T. was stopped for allegedly weaving and making an improper right hand turn. Upon contact, he smelled of alcohol and he stated to the officer, “When do I get to talk to my lawyer?” The officers did not allow him to speak to a lawyer before he submitted to a blood test, which resulted in a .155% BAC. We filed a Denial of Right to Counsel Motion, which was granted by the judge at an Evidentiary Hearing, resulting in a dismissal of all charges.

Do you have a DUI case in Scottsdale and want the opinion of a Scottsdale DUI lawyer? Give us a call today for a free DUI case review.

 

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

State v. Mr. G. (DMC No. 10314)

EXTREME DUI (.155 BAC) DISMISSED – State v. Mr. G. (DMC No. 10314) (Kyrene Justice Court TR2010-163648): Mr. G. was stopped travelling eastbound on I-10 near Elliott Road. The call had come in from another motorist stating that Mr. G. looked impaired. After he was pulled over, he was arrested for DUI and produced a breath test of .155 BAC. We subsequently filed a “Request for Discovery”, and when it became apparently that the State could not comply with all of our needs, they were force to dismiss all charges.

February 5, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 6 Extreme DWI Reduced, 911 Tempe DUI Wins, Case Victories, City Court Victories, Tempe City Court / Tempe Municipal Court Victories

State v. Mr. W (DMC No.)

(Tempe Municipal Court No. 06-961209-2CR): Mr. W. made a left hand turn at 8th Street and Rural Rd. against the signs which stated, “No left turn.” He was subsequently stopped and admitted to drinking at Four Peaks Brewery. After he was arrested, he provided a .155 breath test to the police. We were able to contact the Tempe City Engineer’s Office and show that these particular left-hand turn signs were not in the proper area and were not completely visible to traffic. We convinced the prosecutor to dismiss the DUI’s in exchange for an Endangerment plea.

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

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

DISMISSED | DUI – State v. Mr. P. (West Mesa Justice Court No. TR-2006066028): Mr. W. had an accident in the center median after traveling too fast on County Club Drive. This was observed by a police officer. He subsequently contacted Mr. W. and performed Field Sobriety Tests on him. He was arrested for DUI and was given a breath test which revealed a .153 BAC. When we got involved in the case, we filed Motions to Dismiss based on the State’s violation of the timely discovery rules. Ultimately the State was forced to file their own Motion to Dismiss because they were violating Mr. P.’s speedy trial rights.

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