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January 10, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4A DUI Drugs Dismissals, 600 Drug Crimes Victories, 81 Drug Crime Dismissals, 909 Scottsdale DUI Wins, Case Victories, City Court Victories, Scottsdale City Court Victories

State v. Ms T. (DMC No. 10736)

DISMISSED | DUI DRUGS (Adderall) – State v. Ms T. (DMC No. 10736) (Scottsdale City Court TR2011-019886): Ms. T. was pulled over for a minor traffic violation in downtown Scottsdale.  When the officers gave her a breath test, it only revealed a .028 BAC.  She admitted to taking Adderall due to her ADHD.  Officers then gathered a urine sample and cited Ms. T. for DUI drugs.  Due to the various issues with collecting the urine, and the fact that the Scottsdale Crime Lab did not produce the urine results in a timely fashion, we were able to get all criminal charges dismissed.

January 10, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4A DUI Drugs Dismissals, 600 Drug Crimes Victories, 81 Drug Crime Dismissals, 911 Tempe DUI Wins, Case Victories, City Court Victories, Tempe City Court / Tempe Municipal Court Victories

State v. Ms. H. (DMC No. 4808)

DISMISSED | DUI DRUGS (Ambien, Effexor) – State v. Ms. H. (DMC No. 4808) (Tempe City Court 04-720515-2): Ms. H. was accused of stopping approximately 5 feet into a crosswalk.  The officer gave her an eye test which he stated she “failed”.  She refused all other field tests and asked to talk to her father who was a lawyer.  Because the officer did not allow her to talk to her father, and the fact that she was on prescription medications for Ambien and Effexor, we were able to convince the prosecutor to dismiss all charges.

January 9, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4A DUI Drugs Dismissals, 906 Mesa DUI Wins, Case Victories, City Court Victories, Mesa City Court / Mesa Municipal Court Victories

State v. Ms. P.

DUI DISMISSED – State v. Ms. P. (Mesa Municipal Court No. 2002025698): Ms. P. was pulled over for driving in the bike path and almost hitting a sidewalk. Upon being contacted by the officers, she admitted she’d had one drink and also had some prescription drugs in her system. She later wrote a letter to the judge apologizing for driving “impaired.” After we took over the case, we were able to show the prosecutor that the prescription drugs in her system were legal, and that they would be hard-pressed to beat us in a trial to convince a jury she was impaired by those drugs. The prosecutor then moved to dismiss all charges.

January 9, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4A DUI Drugs Dismissals, 600 Drug Crimes Victories, 81 Drug Crime Dismissals, Case Victories, Justice Court Victories, Seligman Justice Court Victories

State v. Mr. N. (DMC No. 10803)

DISMISSED | DUI DRUGS (Cocaine & Marijuana) DISMISSED – State v. Mr. N. (DMC No. 10803) (Seligman Justice Court TR201201163): Mr. N. was stopped on Interstate 40 at mile post 124 by a DPS Officer for allegedly tailgating.  Subsequently, a DUI investigation was ensued in which blood was drawn from Mr. N.  The State alleged that it showed the presence of cocaine and marijuana metabolites.  Because it had taken the lab so long to produce the results, and the prosecutor waited to charge Mr. N. for over 1 year, we were able to get the case dismissed for a violation of the statute of limitations.

January 9, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4A DUI Drugs Dismissals, 600 Drug Crimes Victories, 81 Drug Crime Dismissals, 909 Scottsdale DUI Wins, Case Victories, City Court Victories, Scottsdale City Court Victories

State v. Mr. M. (DMC No. 10455)

DISMISSED | DUI DRUGS (Marijuana) – State v. Mr. M. (DMC No. 10455) (Scottsdale City Court TR-2011028359): Mr. M. was at an intersection in 3rd Avenue & Craftsman Court in Scottsdale, where he stopped his vehicle to let off passengers.  He was stopped for blocking the intersection.  Subsequently, a DUI investigation ensued and the officer stated he saw a “green film” on Mr. M.’s tongue and accused him of smoking marijuana.  Ultimately, a Drug Recognition Evaluation (DRE) was conducted and urine was collected.  After a 3 month fight with the Scottsdale City Prosecutors Office, urine results came back negative for any marijuana.  The DUI’s were dismissed summarily.  We then lobbied for the Scottsdale City Prosecutors Office to look into the officer’s behavior.

January 9, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Case Victories, McDowell Mountain Justice Court Victories

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

DISMISSED | DUI (.098 BAC) (McDowell Mountain Justice Court No. 529008CR): Ms. K. was backing out of a parking space with her two roommates, when an officer walked up and stopped her. The officer said, “Ma’am, I’m doing random checks.” Subsequently she was arrested for DUI and provided a .098 breath alcohol sample. We informed the prosecutor we would be filing a Motion to Dismiss for No Reasonable Suspicion to Stop, and he agreed with our assessment and dismissed all charges.

Our office handles DUI Defense in Scottsdale, Arizona, please call us to schedule a free consultation about your case. Our offices are available 24 hours a day at (602) 307-0808.

 

January 9, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, 909 Scottsdale DUI Wins, Case Victories, City Court Victories, Scottsdale City Court Victories

State V. Mr. D. (DMC No. 9899)

(DMC No. 9899) (Scottsdale City Court No. TR-2011-00561): Mr. D. was pulled over in downtown Scottsdale because his headlights were not on all the way. The valet parker had turned his headlights to parking lots rather than “auto”. When Mr. D. was stopped, he provided a .097 preliminary breath test. Due to his good performance on his field sobriety test, we were able to negotiate a plea to driving without headlights and a $231 fine.

Want to speak with a lawyer about your case in Scottsdale? Click here to schedule a meeting.

January 9, 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. S. (DMC No. 10285)

FELONY AGGRAVATED DUI (.095 BAC) REDUCED to a misdemeanor DUI with 10 days in jail – State v. Mr. S. (DMC No. 10285) (Maricopa County Superior Court CR2011-108805): Mr. S. was driving in an unfamiliar roadway in Gilbert where two lanes merged into one.  When he realized he that was running out of roadway, he slowed to approximately 2 MPH in a 45 MPH zone.  An officer pulled him over and subsequently arrested him for DUI.  He provided a .095 blood test.  We were able to prove to the prosecutor that Mr. S. did not know his license was suspended from a previous DUI, and therefore they lacked a necessary element of AGGRAVATED DUI.  We secured an offer to a misdemeanor DUI with 10 days of jail.  Originally, Mr. S. was facing 4 months minimum in prison, up to 3.75 years maximum.

January 9, 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. 4701)

REDUCED | AGGRAVATED DUI (.093 BAC) REDUCED to a misdemeanor DUI with 1 day in jail – State v. Mr. M. (DMC No. 4701) (Maricopa County Superior Court CR2004-038051): Mr. M. was involved in a single-car accident at the US-60 north bound ramp to the 101 freeway.  When the officer arrived, there were two people standing outside the vehicle attempting to fix it. He was eventually arrested and provided a breath test which revealed a .093 BAC.  Due to the fact that he had a prior DUI and his license was suspended, he was charged with felony AGGRAVATED DUI and was facing 4 months minimum, up to 3.75 years in prison.  We were able to convince the prosecutor that they could not prove who the driver was under “Corpus Delicti”, and they agreed to offer a 1st offense misdemeanor DUI with 1 day in jail.

January 9, 2014
Posted on Author By dmcantor Categories 1400 Appeal/Post Conviction Relief/Habeas Corpus Victories, 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Case Victories, Maricopa County Superior Court Victories

State v. Mr. I (DMC No. 9434)

DISMISSAL CONFIRMED AT APPEAL (DUI-.092 BAC) due to NO REASONABLE SUSPICION to STOP ISSUE – State v. Mr. I (DMC No. 9434) (Maricopa County Superior Court LC2008-139281): Mr. I was pulled over for allegedly failing to stop at a stop sign and an improper left turn. We conducted an evidentiary hearing in the East Mesa Justice Court based on No Reasonable Suspicion to Stop. The judge found that the stop was a “pretext” stop, and he Suppressed all Evidence after this stop. The State was forced to Dismiss and they indicated they would be seeking an Appeal.

The State filed their Appeal in the Lower Court of Appeals at the Maricopa County Superior Court. We challenged the Appeal as being “untimely”, because the State failed to file it within 14 days of the Dismissal. The court agreed with us, and the Dismissal was affirmed.

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