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February 1, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Case Victories, Desert Ridge Justice Court Victories

State v. Mr. V. (DMC No. 10895)

DUI (.112 BAC) REDUCED to RECKLESS DRIVING with ZERO DAYS in JAIL – State v. Mr. V. (DMC No. 10895) (Desert Ridge Justice Court TR2012-109639): Mr. V. was pulled over at Perimeter and Princess Road’s in Scottsdale for allegedly straddling the lane marker.  Once an odor of alcohol was detected by the officers, Mr. V. was put through various field sobriety tests and arrested.  While at the station, Mr. V. declined to do any breath testing.  The officer then told him that he “needed to do the breath test”, and Mr. V. felt pressured.  He ultimately provided a .112 BAC.  We were able to file Motions based on “Coerced Test” and possible Unreasonable Stop issue. The Prosecutor then agreed to dismiss the DUI in exchange for a plea to Reckless Driving with zero days in jail.

February 1, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Case Victories, North Valley Justice Court Victories

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

(North Valley Justice Court No. TR2006148270CR): Ms. C. was stopped for traveling at a slow rate of speed while on the I-17. She was subsequently arrested and breath test results of .110 and .107 were obtained. Because one of the officer said that she was “found sleeping behind the wheel of his vehicle”, the other officer said he was actually driving, we were able to get the case plead down to Reckless Driving and get the DUI dismissed.

February 1, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Case Victories, Justice Court Victories, San Marcos Justice Court Victories

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

(San Marcos Justice Court No. TR06-51320CR): Mr. C. was seen coming off the westbound exit ramp on the 101 at Elliott. The officer claimed he drifted over the fog line and then accelerated to 75 mph in a 60 mph zone. He was subsequently stopped and arrested for DUI. He provided a breath sample of .110. We were able to show that there may have been no reasonable suspicion to stop, and that the problem with Mr. C.’s Field Sobriety Tests had to do with a previous head injury he had received. We were then able to convince the prosecutor to dismiss the DUI and reduce the case to a Reckless Driving charge with zero days in jail.

February 1, 2010
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. Mr. W (DMC No.)

REDUCED | DUI (.109 BAC) (200209947CR): Mr. W. was stopped by Scottsdale Police who claimed he was speeding. During the DUI investigation, he provided a blood sample which produced a .109 BAC. On the day of trial, we convinced the prosecutor that the jury pool looked favorable to our client. At the time, the State buckled and offered a plea to Reckless Driving with zero days in jail.

February 1, 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. L. (DMC No. 9883)

REDUCED | DUI (.109 BAC) (DMC No. 9883) (Tempe City Court No. 10-046577-2): Mr. L. was stopped for weaving within his own lane, and then weaving about 1 foot outside of his lane. After the DUI investigation, he provided a blood test of .109. We then filed a motion to dismiss for lack of reasonable suspicion to stop, and the prosecutor agreed that if Mr. L. completed alcohol treatment classes, he would dismiss the DUI in exchange for a Reckless Driving charge. No jail was involved.

February 1, 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. C. (DMC No.)

REDUCED | DUI (.109 BAC) (0205287CR): Mr. C. was stopped for making a wide left turn. During the DUI investigation he provided a .109 breath sample to the Sheriff’s Deputy. After we filed a Motion to Dismiss for Lack of Reasonable Suspicion to Stop, the State offered a plea to Reckless Driving with zero days in jail.

February 1, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Case Victories, City Court Victories, Flagstaff City Court Victories

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

REDUCED | DUI (.107 BAC) (2002004289CR): Mr. A. was stopped by Flagstaff Police for allegedly making a wide turn. He provided a breath test which revealed a .107 BAC. He did extremely well on Field Sobriety Tests. During the jury selection at trial, it became apparent that the jury was being more sympathetic to Defense Counsel than to the Prosecution. At that point our lawyer was able to negotiate a plea to Reckless Driving with zero days in jail.

February 1, 2010
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. F. (DMC No. 7269)

REDUCED | DUI – State v. Ms. F. (DMC No. 7269) (Scottsdale City Court No. TR2007-013043): Officers were at 128th St. and Shea monitoring an accident when they saw Ms. F drive by without her lights on. They ultimately stopped her and arrested her for a DUI after she produced a Preliminary Breath Test of .103. We were able to demonstrate that she did well on the Field Sobriety Tests and that her driving was not egregious (she had simply left her lights off). Due to the fact that the State would have most likely lost at trial, they offered a Reckless Driving Plea with 0 days of jail.

February 1, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Case Victories, Hassayampa Justice Court Victories, Justice Court Victories

State V. Mr. D. (DMC No. 9871)

REDUCED | DUI (.102 BAC) (DMC No. 9871) (Hassayampa Justice Court No. TR2010-157575): Mr. D. was stopped for allegedly failing to stop at a four way stop sign. He subsequently stopped and the officer did a field sobriety test and then a breath test which revealed a .102 breath alcohol content. The officer then booked Mr. D in jail overnight which interfered with his right to gather an independent blood test. We were able to convince the prosecutor to dismiss the DUI in exchange for a reckless driving and no further jail time.

February 1, 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. T. (DMC No.)

REDUCED | DUI (.101 BAC) (Tempe City Court No.: 02-611369-1CR): Mr. T. was stopped for allegedly travelling 64 in a 40. After he was stopped, he performed poorly on field tests. He subsequently provided a .101 breath BAC. On the eve of trial, the state offered a plea to a reckless driving.

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