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February 3, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Buckeye City Court Victories, Case Victories, City Court Victories

State v. Mr. G (DMC No. 5871)

REDUCED | DUI (.138 BAC) State v. Mr. G. (DMC No. 5871) (Buckeye City Court TR2005-1689): REDUCED to RECKLESS with ZERO DAYS JAIL –  Mr. G. was seen driving a 3:48 in the morning when his tires cross the yellow line into the median. The officers pulled him over, subsequently arrested him for DUI and he produced a .138 BAC breath reading. Because of the various issues with the breath testing device, we were able to convince the Prosecutor to reduce the DUI down to a simple “reckless driving” with zero days jail and a small fine.

February 3, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Case Victories

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

(0215314CR): Mr. J. was stopped while driving with his wife after a Christmas party. He was suffering from bronchitis at the time, and was able to provide three attempted breath tests, with the highest reading being .135. He was subsequently arrested and asked if he could contact his attorney. Because the officer denied his request, we were able to file a Motion Based on Denial of Right to Counsel and have the Maricopa County Attorney’s Office reduce the case to Reckless Driving with no jail.

February 3, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, 903 Gilbert DUI Wins, Case Victories, City Court Victories, Gilbert City Court / Gilbert Municipal Court Victories

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

REDUCED | DUI (.132 BAC) (Gilbert City Court No.: 03-18267DU): Mr. G. was stopped for allegedly failing to use a turn signal and bumping into a curb while in a parking lot. He performed poorly on field sobriety tests, and subsequently provided a .132 breath BAC. We filed a Motion to Dismiss based upon no reasonable suspicion to stop even thought the state responded to the motion in writing, they subsequently offered a reckless driving with no days in jail.

February 3, 2010
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. W. (DMC No.)

REDUCED | DUI (.130 BAC) (Chandler Municipal Court No. 06-X-1736252A): Mr. W. was stopped pulling out of Sonny’s Gentleman’s Club during an East Valley DUI Task Force. He was subsequently arrested for DUI and provided a blood test of a .130 BAC. We were able to show that the police lacked reasonable suspicion to stop Mr. W. while pulling from a private drive to a public roadway. Due to the threat of that Motion to Dismiss, the prosecutor offered a plea to Reckless Driving with zero days in jail.

February 2, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, 911 Tempe DUI Wins, Case Victories, City Court Victories, Tempe City Court / Tempe Municipal Court Victories

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

REDUCED | DUI (.127 BAC) (Tempe City Court No.:03-667032-3CR): Mr. U. was in a parking lot when he was rear ended by another vehicle. Upon police arriving, they noticed an odor of alcohol, and Mr. U also stated he had been taking Tylenol for chronic back pain. Subsequently he was arrested, and a .127 breath BAC was provided. On the day of trial, the prosecutor made an offer to reduce the DUI to a reckless driving.

February 2, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Case Victories

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

(200227411CR): Mr. S. was stopped by Scottsdale Police for a minor traffic violation. A DUI investigation took place in which Mr. S. asked to call his lawyer. The police allowed him to use his cell phone in the car, but the call did not go through. When he asked to use another phone, the police denied his request. Even though his blood results were .126 BAC, based on our Motion to Dismiss for Denial of Right to Counsel, the Scottsdale City Prosecutor’s Office offered a Reckless Driving with zero days in jail.

February 2, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Case Victories, Ironwood Justice Court Victories

State v. Mr. G. (DMC No. 4483)

DUI (.126 BAC) REDUCED to RECKLESS DRIVING with ZERO DAYS in JAIL – State v. Mr. G. (DMC No. 4483) (Ironwood Justice Court TR03-00047CR): Mr. G. was driving east on Interstate 8 at Mile Post 92 in Gila Bend, Arizona when he was pulled over by a DPS Officer for allegedly speeding.  The officer estimated Mr. G. was travelling 100 mph.  The officer also smelled an odor of alcohol and Mr. G. admitted to drinking.  Once at the station, Mr. G. provided a breath sample which revealed a .126 BAC.  We were able to obtain the machines maintenance records and had found out that particular device had been having problems.  Due to potential issues, the Prosecutor agreed to dismiss the DUI charge in exchange for Reckless Driving with zero days in jail.

February 2, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, 911 Tempe DUI Wins, Case Victories, City Court Victories, Tempe City Court / Tempe Municipal Court Victories

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

REDUCED | DUI (.121 BAC) (Tempe City Court No.: 03-624342-1CR): Mr. I. was stopped because he was seen driving his car and weaving into the bicycle lane. After field sobriety tests he was arrested, he provided a breath BAC of .121. We filed a motion based upon no reasonable suspicion to stop, and prior to any evidentiary hearing Mr. I. was offered a reckless driving with zero days in jail.

February 2, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Casa Grande City Court Victories, Case Victories

State v. Ms. J. (DMC No. 5291)

REDUCED | DUI (.121 BAC) – State v. Ms. J. (DMC No. 5291) (Casa Grande City Court TR2004-003454): REDUCED to RECKLESS DRIVING with ZERO DAYS in JAIL Ms. J. was seen travelling north bound on Pinal Avenue and turning onto Cottonwood Road in Casa Grande, Arizona when she allegedly straddled the lane divider.  She was pulled over by officers and processed for a DUI.  While she was at the station she asked for a lawyer, and was also told that if she did not take the blood tests she would be “taken downtown” and would lose her license.  Based on the issues of an Unreasonable Stop, Denial of Right to Counsel and Coerced Tests, we were able to convince the Prosecutor to dismiss the DUI in exchange for a Reckless Driving with zero days in jail.

 

 

February 2, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, 903 Gilbert DUI Wins, Case Victories, City Court Victories, Gilbert City Court / Gilbert Municipal Court Victories

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

REDUCED | DUI (.120 BAC) (Gilbert City Court No.: 200301084CR): Ms. T. was stopped for allegedly proceeding to make a right, and then slamming on her brakes prior to the turn. She was subsequently stopped for DUI and provided a breath sample which revealed a .120 BAC. Due to the fact that there was no independent sample given to her, and there was a bad calibration check on the breath testing device, we were able to obtain a plea to reckless driving with zero days in jail.

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