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February 1, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 8 Felony Aggravated DUI Dismissals, Case Victories, Maricopa County Superior Court Victories

State v. Mr. B (DMC No.)

DISMISSED | FELONY AGGRAVATED DUI (.115 BAC) Maricopa County Superior Court (200006811CR): Mr. B. was stopped on the freeway by a DPS Officer for allegedly speeding and was subsequently charged with Aggravated DUI. A blood sample was ultimately obtained, which resulted in a .115 BAC. Due to the insufficiency of the telephonic search warrant, we were able to get the blood test results suppressed. The Maricopa County Attorney’s Office then moved to dismiss all charges against Mr. B.

February 1, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Case Victories, Florence City Court Victories

State v. Mr. M. (DMC No. 9775)

DUI (.113 BAC) DISMISSED due to ACTUAL PHYSICAL CONTROL ISSUE – State v. Mr. M. (DMC No. 9775) (Florence City Court TR2010-0580):  The Florence Police Department received a call that an individual had backed his car into a neighbor’s car at approximately 7400 W. Rushmore Way in Florence, Arizona.  When they arrived neighbors pointed to Mr. M.’s house, and police made contact with him.  Although Mr. M. admitted he had driven the vehicle, no one could positively identify him as the one who, in fact, had the accident.  Even though he later provided a breath test which resulted in a .113 BAC, we were able to have the entire case dismissed with an agreement that he reimburse his neighbors damages, and a small civil ticket for “unsafe backing”.  Originally, Mr. M. would have lost his job if he would have been convicted of the DUI.

February 1, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Case Victories, Dreamy Draw Justice Court Victories, Justice Court Victories

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

DISMISSED | DUI (.111)(Dreamy Draw Justice Court No. 03-02903CR): Mr. D. was stopped for allegedly traveling 78 mph on the freeway. After he was stopped, only partial Field Sobriety Tests were done by the officer. Mr. D. provided a breath sample which resulted in a .111 BAC. Because the State was failing to timely provided discovery, we filed a Motion to Preclude Witness Testimony and Breath Test Results. The State ultimately conceded, and all charges were dismissed.

February 1, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, 908 Phoenix DUI Wins, Case Victories, City Court Victories, Phoenix City Court / Phoenix Municipal Court Victories

State v. Mr. W (DMC No.)

DISMISSED | State v. Mr. W. – (Phoenix Municipal Court No. 8978055CR): Mr. W. was riding his Harley Davidson motorcycle when he was engaged in an argument with his girlfriend. His motorcycle hit the gravel and “went down.” He subsequently was cited for DUI and provided a .110 blood sample which revealed a .110 BAC. At the trial in the City of Phoenix Court, the jury came back as a “hung jury.” The State decided they had “no reasonable likelihood of conviction at re-trial” and dismissed all charges.

February 1, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Arcadia Biltmore Justice Court Victories, Case Victories, Justice Court Victories

State v. Ms. S. (DMC No. 5386)

DUI (.108 BAC) DISMISSED – State v. Ms. S. (DMC No. 5386) (Arcadia Justice Court TR05-00071CR): Ms. S. was pulled over for allegedly weaving near 32nd Street and Cactus. She had an odor of alcohol and admitted to drinking and taking prescription medication. After her arrest, she was taken to the station where she provided a .108 breath test. She asked to speak to an attorney, but was never given a private phone call. We were able to show the Prosecutor’s that they had violated her right to counsel, and the State dismissed all charges.

February 1, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, 908 Phoenix DUI Wins, Case Victories, City Court Victories, Phoenix City Court / Phoenix Municipal Court Victories

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

DISMISSED | DWI (.108 BAC) (Phoenix Municipal Court No. 2784578CR): Mr. P. was stopped by Phoenix Police for an alleged DWI violation. Although his breath alcohol content was a .108, we were able to demonstrate that the officer who stopped him denied Mr. P.’s right to counsel when he requested to speak to a lawyer. The State moved for several continuances in order to respond to the Motion, then after reviewing all of the facts the State moved to dismiss for factual deficiency.

February 1, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, 902 Chandler DUI Wins, Case Victories, Chandler City Court / Chandler Municipal Court Victories, City Court Victories

State v. Mr. B. (DMC No. 6117)

DUI (.107 BAC) REDUCED to SPEEDING/WEAVING TICKET due to IMPROPER LABELED BLOOD VIAL – State v. Mr. B. (DMC No. 6117) (Chandler City Court 05-C-2666461): Mr. B. was involved in a traffic accident, when officers pulled up and found him standing near his car. He initially denied driving and refused all sobriety tests. He was arrested and provided a .107 blood test. Due to the improperly labeled blood vial, we made an argument that the reading would not be admissible evidence. The Prosecutor agreed, and amended the DUI charge down to a simple “speeding” and “weaving” ticket.

February 1, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Case Victories, City Court Victories, El Mirage City Court Victories

State v. Mr. M. (DMC No. 6551)

DISMISSED | DUI (.107 BAC) – State v. Mr. M. (DMC No. 6551) (El Mirage City Court TR2006-307): Mr. M. was with his friends riding his motorcycle when all three were pulled over for alleged speeding. Mr. M. was given field tests, then was arrested and taken to the station, where he was provided a .107 breath test. He requested to call an attorney, and when we spoke with him we asked him to request a private phone call. The officer would not leave the room, and due to the potential Denial of Right to Counsel the Prosecutor agreed to dismiss the DUI.

February 1, 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, 600 Drug Crimes Victories, Case Victories

State v. Mr. A. (DMC No. 6480)

NOT CHARGED | FELONY AGGRAVATED DUI (.205 BAC) NOT CHARGED/plead to a misdemeanor DUI with 10 days jail – State v. Mr. A. (DMC No. 6480) (Tempe City Court 06-923898): Mr. A. was pulled over for allegedly swerving on the roadway.  He was subsequently arrested for DUI and produced a .205 BAC.  He had two prior DUI’s from another State, and his license was suspended in that State.  Although he was mistakenly cited into the City of Tempe misdemeanor court, we were able to convince the prosecutor to not route the file to felony court for AGGRAVATED DUI prosecution.  Due to the out of State priors and the difficulty of obtaining proof of those priors, the prosecutor offered a 1st offense misdemeanor deal with only 10 days in jail.  In the “avowals” of the plea agreement we added language that “the defendant avows he has no prior convictions that the State can prove”.

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