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November 16, 2013
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4AA DUI Drugs Reduced, 909 Scottsdale DUI Wins, Case Victories, City Court Victories, Scottsdale City Court Victories

State v. Mr. V (DMC No.)

REDUCED | DUI (Scottsdale City Court No.: 200312810CR): Mr. V. was stopped for allegedly weaving in and out of his lane. He subsequently stopped and the officer stated he had slurred speech. He also stated he took allergy medication and had two (2) more pills than the recommended dosage. He was subsequently arrested for DUI in Scottsdale, and a warrant was obtained in order to draw his blood. Although his blood test came back above the legal limit, we were able to convince the prosecutor that any impairment observed was due to allergy medication. An offer to reckless driving was obtained with zero days in jail.

October 20, 2013
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300A Complete Bench Trial Acquittal / All Criminal Charges, 15A Vehicular Homicide Victories, 200 DUI / Vehicular Crime Victories, 2A Vehicular Crimes Bench Trial Victories, 500 Assault / Violent Crime Victories, 79G Manslaughter Victories, Case Victories, Phoenix City Court / Phoenix Municipal Court Victories

State v. Ms. K (DMC No. 11498)

Not Guilty / Complete Acquittal at Bench Trial – Vehicular Homicide / Misdemeanor Manslaughter – State v. Ms. K (Oct. 20, 2013) (DMC No. 11498) (Phoenix City Court – 4636123):  Ms. K was traveling with a friend in her vehicle when she was headed south bound on 59thAvenue.  She began making a left hand turn when a motorcycle zoomed up on the left hand lane headed north bound, and had struck the back quarter panel of her vehicle. The motorcyclist died on the scene. Ms. K was then investigated and charged with Vehicular Homicide/Misdemeanor Manslaughter per Arizona Revised Statute ARS 28-672 (A4).  We became involved in the case, and we interviewed the numerous Officers and civilian witnesses who were involved.

The key witness was a driver of a construction truck who was headed north bound in the middle lane.  He had dark tinted windows and a large vehicle.  He stated that the victim was on his motorcycle following him at approximately 45 miles per hour.  He stated that just prior to the intersection where the collision occurred, the motorcycle snapped into the left lane, and “opened it up” to 70 miles per hour.  This was occurring right as Ms. K was making her left hand turn.

At Bench Trial, we introduced evidence that Ms. K’s view was blocked by the truck.  This was confirmed by the truck driver.  In addition, we were able to show that the victim in the case was driving recklessly on his motorcycle, and he was a major causation of the accident. The Judge agreed and Acquitted Ms. K on all criminal charges.

October 8, 2013
Posted on Author By dmcantor Categories 1 DUI / Vehicular Crime Jury Trial Complete Acquittals, 1000 Complete Jury Trial Acquittals / All Criminal Charges, 200 DUI / Vehicular Crime Victories, 908 Phoenix DUI Wins, Case Victories, City Court Victories, Jury Trial Victories, Phoenix City Court / Phoenix Municipal Court Victories

State V. Mr. S. (DMC No. 11597)

NOT GUILTY | Complete Acquittal / DUI Arizona – State V. Mr. S. (DMC No. 11597) (Phoenix City Court No. 4639623):

Mr. S. was stopped for a traffic violation in the area of 27th Ave and Thomas in Phoenix, AZ.  Mr. S. submitted to a battery of field sobriety tests and was placed under arrest for suspicion of DUI.  He submitted to a blood draw within two hours of the stop.  The result of the BAC analysis was .093.  The blood result was persuading the jury that the State’s evidence impairment was insufficient to sustain the charge and the client was acquitted of all DUI charges.

August 25, 2013
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4AA DUI Drugs Reduced, Case Victories, Fountain Hills City Court Victories

State v. Mr. B (DMC No. 4766)

DUI DRUGS (marijuana) REDUCED to RECKLESS DRIVING with ZERO DAYS in JAIL – State v. Mr. B. (DMC No. 4766) (Fountain Hills City Court TR2004-01314): Mr. B. was pulled over on Fountain Hills Boulevard for allegedly speeding in a school zone.  Once Mr. B. was pulled over, the officer claimed he could smell marijuana.  Mr. B. admitted that he had smoked in the last 24 hours, and a Drug Recognition Evaluation (DRE) was performed on Mr. B.  The officer came to the conclusion that Mr. B. was impaired by marijuana and cited him for DUI Drugs. Because the stop was potentially Unreasonable, we were able to convince the Prosecutor to reduce the DUI Drug charge down to a simple Reckless Driving with zero days in jail.

March 3, 2013
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, City Court Victories

State v. Mr. V (DMC No. 6248)

NOT CHARGED | AGGRAVATED DUI (class 4 felony) – State v. Mr. V. (DMC No. 6248) (Maricopa County Superior Court CR2005-127345/City of Tempe 06-902226): Mr. V. was accused of being in an accident and then leaving the scene. He was found walking, and he stated he was going to his girlfriends in order to get taken to the doctor for his head injury. It was determined that he had a suspended license and had been drinking, and he was cited for the class 4 felony Aggravated DUI. The Maricopa County Attorney’s Office declined prosecution due to issues regarding proof of his driving and low BAC. He was, however charged into Tempe City Court for the Hit and Run charge. He originally was facing 4 months in prison as a minimum for the Aggravated DUI, and instead received a simple misdemeanor with 3 days in jail for the Hit and Run.

February 5, 2013
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. 5225)

NOT CHARGED | FELONY AGGRAVATED DUI with CHILD in CAR NOT CHARGED – State v. Mr. L. (DMC No. 5225) (North Valley Justice Court/DPS DR2002-083261): Mr. L. was pulled over due to a 911 call while driving. He had a child under 15 in the car, and the Officer conducted the investigation was a rookie who stated “this is my 2nd DUI ever”. Mr. L. consented to a blood test, however the Officer still got a search warrant to draw blood. The search warrant only contained one page and was defective. Due to all the previous defects in the case, we were able to ensure that all the charges were never filed against Mr. L.

February 5, 2013
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. G (DMC No. 809)

NOT CHARGED | FELONY AGGRAVATED DUI– State v. Mr. G. (DMC No. 809) (Miami Justice Court/Gila County Sheriff’s Office DR970900287): Mr. G. was stopped for a minor traffic violation, and the Officer detected alcohol on his breath. Mr. G. had prior DUI’s, and he invoked his right to counsel. He specifically asked to call our firm the Officer would not let him do so. In addition, the Officer stated that Mr. G.’s license was currently suspended, and it had not been because we had requested a Hearing on a previous DUI allegation. We were able to show the Prosecutor that he was not actually suspended on the date of violation, and that his right of counsel was violated, and no felony DUI charges were brought against Mr. G.

January 10, 2013
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. Ms. W (DMC No. 10175)

NOT CHARGED | AGGRAVATED DUI DRUGS (Morphine Sulfate/Ambien with child under 15 in car)– State v. Ms. W. (DMC No. 10175) (DPS investigated): A DPS Officer was on a lunch break at a Whataburger at 26th Avenue & Bethany Home when he observed Ms. W. pull out of the drive thru and strike a curb.  He ultimately stopped her because she “looked stuporous”.  He then asked her some questions where she admitted taking Ambien the night before and some Morphine Sulfate due to a back injury.  She was a Registered Nurse and knew the proper dosage and had been compliant.  She was ultimately was asked to provide a urine sample and was arrested for AGGRAVATED DUI with a child under 15 in the vehicle.  Due to issues with the officer stop, along with the lack of evidence of improper prescription drug usage, no charges were brought against Ms. W.

January 10, 2013
Posted on Author By dmcantor Categories 110 DUI, DUI Drugs, Extreme DWI & Super Extreme DWI Pre-Charge Victories, 116 Drug Crime Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 4AAA DUI/Extreme & Super Extreme Pre-Charge Victories, 600 Drug Crimes Victories, 82C Possession/Paraphernalia Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Ms. B (DMC No. 10180)

NOT CHARGED | DUI DRUGS (Marijuana)/POSSESSION OF MARIJUANA and DRUG PARAPHERNALIA NOT CHARGED – State v. Ms. B. (DMC No. 10180) (Mesa Police Department investigated): Ms. B. was pulled over on Arizona Avenue & the US 60 for travelling at a high rate of speed.  The officer stated he could smell marijuana.  She was given various field sobriety tests, and then arrested.  A small pill bottle containing marijuana was found in her vehicle.  Due to various issues regarding the stop, along with a potentially invalid search, no charges were filed.

 

 

January 10, 2013
Posted on Author By dmcantor Categories 110 DUI, DUI Drugs, Extreme DWI & Super Extreme DWI Pre-Charge Victories, 12 Hit and Run Reduced, 200 DUI / Vehicular Crime Victories, 4AAA DUI/Extreme & Super Extreme Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories, Flagstaff Justice Court Victories, Justice Court Victories

State v. Mr. B. (DMC No. 6580)

DUI NOT CHARGED/HIT AND RUN REDUCED to a “speeding” ticket – State v. Mr. B. (DMC No. 6580) (Flagstaff Justice Court 2006-0366): Mr. B.’s car was observed in a ditch after it had struck a fire hydrant.  He was outside of the vehicle when a passing motorist stopped to help him.  He then walked home.  The motorist called police, and identified Mr. B. in a photo lineup.  Although the witness had stated that Mr. B. appeared to be very intoxicated, the police were unable to contact Mr. B. and secure a blood test.  We argued a “Corpus Delicti” issue with the prosecutor, and they agreed to reduce the hit and run charge down to a mere speeding ticket with a small fine.

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