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January 6, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Arrowhead Justice Court Victories, Case Victories

State v. Mr. H. (DMC No. 9154)

DUI (.062 BAC) with COMMERCIAL DRIVER’S LICENSE DISMISSED – State v. Mr. H. (DMC No. 9154) (Arrowhead Justice Court TR2009-139542): Mr. H was driving a commercial tractor trailer and was pulled over in the right hand emergency lane with his hazard lights on. This is located at the State Route 101 and milepost 10.5 in Phoenix, Arizona. When the officer pulled up and made contact, Mr. H was sitting in the driver’s seat and had indicated he had pulled over to get his bearings he could stop for the night. Because the officer smelled alcohol, he then arrested Mr. H for a DUI and a DUI with a Commercial Driver’s License (CDL) per ARS 28-1381A4. We were able to show the Prosecutor that under the theory of Actual Physical Control (APC) Mr. H. was simply using his vehicle as a temporary shelter. The Prosecutor agreed to dismiss both DUI charges.

January 6, 2014
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.)

(02593913CR). Ms. V. was stopped by police for allegedly cutting off a police officer. Police smelled alcohol on her breath and administered a Preliminary Breath Test (which revealed a .062 BAC), she was cited for Underage DUI. We alleged that there may have been no reasonable suspicion to stop her, and we secured an offer from the prosecutor to a speeding ticket with no license suspension and only a minor fine.

January 5, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Case Victories, Kingman / Cerbat Justice Court Victories

State v. Mr. J. (DMC No. 6960)

REDUCED | DUI (.056 BAC) REDUCED to OPEN CONTAINER and LITTERING TICKETS with ZERO DAYS in JAIL – State v. Mr. J. (DMC No. 6960) (Kingman/Cerbat Justice Court TR2006-08028/CR2007-0265): Mr. J. was seen in his vehicle travelling on the U.S. 90 at Mile Post 138 near Kingman, Arizona.  He was seen all over the road and tossing a Coke can from his vehicle.  When the officer made contact, he claimed he could smell an odor of alcohol and he began a DUI investigation.  Eventually Mr. J. was given a blood test which revealed a .056 BAC.  Because of Mr. J.’s age and his diabetes, combined with the low reading, we convinced the Prosecutor to dismiss the DUI charge in exchange for a simple Open Container and Littering ticket.

January 5, 2014
Posted on Author By dmcantor Categories 16I Underage Drinking & Driving Victories, 200 DUI / Vehicular Crime Victories, Case Victories, City Court Victories, Tempe City Court / Tempe Municipal Court Victories

State v. Mr. H. (DMC No. 6633)

REDUCED | UNDERAGE DRINKING (.056 BAC) and DRIVING REDUCED to minor in possession of alcohol with zero days jail – State v. Mr. H. (DMC No. 6633) (Tempe City Court 06-946991): Mr. H. was pulled over for allegedly running a red light. Upon contact, the officer detected alcohol and gave Mr. H. a handheld breath test, which revealed a .056 BAC.  Because Mr. H. was under 21, he was subsequently cited for underage drinking and driving (underage DUI).  Although he was facing the revocation of his license until age 21, we convinced the prosecutor to reduce it to a minor in possession of alcohol charge with zero days in jail.  No license suspension or DUI type conviction was left on Mr. H.’s record.

January 5, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Case Victories, Justice Court Victories, South Mountain Justice Court Victories

State v. Ms. R. (DMC No. 5916)

DUI (.051 BAC) REDUCED to SPEEDING TICKET – State v. Ms. R. (DMC No. 5916) (South Mountain Justice Court TR05-53302CR): Ms. R. was going 65 in a 40 mph construction zone when the officer moved out of the way and then pulled her over. Ms. R. asked to call an attorney and the officer said “if you call your attorney now, we will arrest you and the field sobriety tests are not admissible in court anyway”. She submitted to the test and was arrested. Due to the officer’s Denial of Ms. R.’s Right to Counsel, we got her DUI reduced to a Simple Speeding ticket with a small fine.

January 4, 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, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. L. (DMC No. 1412)

NOT CHARGED | FELONY AGGRAVATED DUI (.142 BAC) – State v. Mr. L. (DMC No. 1412) (Gilbert PD DR9805915): Mr. L. was driving slowly with his girlfriend through a neighborhood in order to look for their dogs which had gotten loose. An Officer stopped him and they detected an odor of alcohol. Upon a records check, it was discovered that Mr. L. had two prior DUI’s and his license was suspended. He was subsequently for felony aggravated DUI and provided a .142 BAC. We were able to show that the stop was not based on any reasonable suspicion of a crime being committed, and no charges were ever brought against Mr. L.

January 1, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Case Victories, City Court Victories, Prescott City Court Victories

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

(2003030245CR): Mr. W., who was under 21 years of age, was involved in a minor traffic accident. Prescott City Police smelled alcohol on his breath, and administered a Preliminary Breath Test to him. Because this device is not certified as admissible, we were able to suppress the breath test results and secured an offer to Mr. W. of a mere speeding ticket with a fine.

January 1, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, 909 Scottsdale DUI Wins, Case Victories, City Court Victories, Scottsdale City Court Victories

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

(200229564CR): Ms. E. was stopped for an alleged speeding violation by the City of Scottsdale Police Department. Alcohol was smelled on her breath, and a Preliminary Breath Test was administered. Because the device is not certified, we were able to suppress her breath alcohol content from being admitted into evidence. We then secured a plea to a speeding ticket with no license suspension and a minor fine.

January 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. Ms. C. (DMC No.)

REDUCED | DUI (Chandler Municipal Court No. 07-C-2907271, 2CR): Ms. C. was pulled over for allegedly speeding. Subsequently the officer smelled alcohol and put her through a battery of Field Sobriety Tests. He claimed she did terribly, and then he arrested her and obtained a blood sample. Her BAC came back below the legal limit, and we convinced the prosecutor to dismiss not only the DWI (being above .08), but also the DUI (impaired to the slightest degree).

January 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, 900 Pre-Charge Case Victories, 908 Phoenix DUI Wins, Case Victories

State v. Mr. M. (DMC No. 7077)

NOT CHARGED | FELONY AGGRAVATED DUI (.110 Breath) (DMC No. 7077) (Phoenix Police Department): Mr. M. was stopped for an alleged DUI and cited in the Phoenix City Court. It was discovered by the City prosecutor that Mr. M. had a prior DUI, and he also had children in the car who were under 12 years of age. They decided to dismiss charges and route it to the County Attorney’s Office for felony DUI prosecution. We were able to show the County Attorney that although Mr. M. had left the scene of a minor traffic accident, he did not know there was actually any damage. We also showed that when he was arrested for possible DUI, they did not have enough probable cause for the arrest, even though he later provided a breath test of a .110. Although Mr. M was originally facing prison, we prevented any charges from being filed against him.

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