August 2, 2006

August 2, 2006 By dmcantor 16 Miscellaneous Vehicular Crimes Victories, 200 DUI / Vehicular Crime Victories, Case Victories

State v. Mr. C (DMC No. 8066)

Mr. C was previously convicted of a DUI and order to install an Interlock Device on his vehicle for 1 full year. Prior to the end of the year, Arizona MVD requested an additional year be added on to Mr. C’s requirement. They claimed that the Interlock Device recorded a “request” and a “refusal” after a passed test. We were able to show them that the device would make requests after the car was shut off, and was recording false refusals. The Arizona Administrating Hearing Board agreed, and they did not extend Mr. C’s Interlock Device requirement for another year.

April 28, 2006

April 28, 2006 By dmcantor 16C Theft of Means of Transportation / Auto Theft Victories, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. C. (DMC No. 4989)

THEFT of MEANS of TRANSPORTATION REDUCED to MISDEMEANOR with ZERO DAYS in JAIL – State v. Mr. C. (DMC No. 4989) (Maricopa County Superior Court CR2004-129964): Mr. C. was an ASU college student who was with friends when he took a Sheraton passenger bus for a “joy ride”. The bus ended up at his fraternity house and he was charged with auto theft. We were able to show the Prosecutor that his was merely a prank and he was not intending to permanently keep the vehicle. We were offered a class 6 “open”, which allowed us to secure a misdemeanor at the time of sentencing with probation and zero days in jail. Mr. C. has no felony conviction on his record, and it did not affect his status as a student at ASU.

March 24, 2006

March 24, 2006 By dmcantor 112 Other Vehicular Crimes Pre-Charge Victories, 115 Assault/Violent Crime Pre-Charge Victories, 15A Vehicular Homicide Victories, 19 Vehicular Homicides/Manslaughter Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 500 Assault / Violent Crime Victories, 63-65 Homicide Victories, 65 Homicide Pre-Charge Victories, 79F Second Degree Murder Victories, 79G Manslaughter Victories, 79K Negligent Homicide Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. P (DMC No. 6000)

NOT CHARGED | VEHICULAR MANSLAUGHTER – In 2004, Mr. P passed out while behind the wheel of his car, subsequently jumping a curb, striking and killing a 15-year-old boy walking home from high-school. In this high-profile case we were able to show that Mr. P blood sugar-level was at dangerously low levels at the time of the accident. In addition, we demonstrated that he had lost 105 pounds in the previous 120 days on the Atkins diet and that he was not under the influence of an Ambien sleeping pill which he had taken the night before.

Court – Mesa Police Department

July 3, 2005

July 3, 2005 By dmcantor 16M Criminal Speeding Victories, 200 DUI / Vehicular Crime Victories, Case Victories, Scottsdale City Court Victories

State v. Mr. C. (DMC No. 7354)

Mr. C was accused of traveling 69 miles per hour in a 45 mile per hour zone along Scottsdale Road. He was subsequently cited for Criminal Speeding under Arizona Revised Statute ARS 28-701.02 (A)(2). We later interviewed the Police Officer in order to determine if the “tuning forks” were properly utilized during the calibration of his radar device. He had one for 55 miles per hour, and one for 35 miles per hour. Due to the discrepancies in his calibration of the radar device, we were able to have the criminal ticket reduced to a civil ticket. The Judge then allowed Mr. C to take traffic school, which resulted in a Dismissal of that ticket. Mr. was left with no conviction or points on his record.

April 22, 2005

April 22, 2005 By dmcantor 1 DUI / Vehicular Crime Jury Trial Complete Acquittals, 1000 Complete Jury Trial Acquittals / All Criminal Charges, 200 DUI / Vehicular Crime Victories, Case Victories, City Court Victories, Jury Trial Victories, Youngtown City / Magistrate Court Victories

State v. Mr. D. (DMC No. 5182)

Mr. D. was found in a Circle K parking lot in Youngtown, Arizona just after midnight. The car was in park, the engine was on in order to run the heater, and the seat was fully reclined with Mr. D. seated fast asleep. When the Youngtown Police Officer’s woke him up, he stated he was sleeping because he did not want to drive.

Once he was removed from the car, a background check was conducted which revealed he had a prior DUI conviction. He was then charged with a 2^nd Offense Extreme DUI under Arizona Revised Statute ARS 28-1382 and arrested. He produced a BAC content of .190 down at the station.

At Trial, we were able to show that Mr. D. was not in “Actual Physical Control” of his vehicle, and did not pose a danger to anyone on the roadway because his car was in park, he was asleep, and he was merely using it as a temporary shelter in order to “sleep it off”. The Jury agreed, and returned verdicts of Not Guilty on all charges against Mr. D. He was originally facing a minimum of 4 months in Jail.

February 16, 2005

February 16, 2005 By dmcantor 1 DUI / Vehicular Crime Jury Trial Complete Acquittals, 1000 Complete Jury Trial Acquittals / All Criminal Charges, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, Case Victories, Jury Trial Victories, Maricopa County Superior Court Victories

State v. Mr. W. (DMC No. 5066)

Police were called out to State Trust Land regarding a stranded pickup truck that appeared to try to drive through a cable fence. When Police arrived, they found Mr. W’s truck hung up on a cable with a large amount of transmission fluid leaking under the bottom. Mr. W was reclined in the driver’s seat and was asleep. The Officers claimed that Mr. W’s engine was still on.

After Mr. W was awakened, it appeared that he was extremely intoxicated. The Officer ran a background check and found that he had 2 prior DUI’s from several years earlier. Various empty Budweiser beer cans were found around his truck. When he was asked about drinking, he stated that he drank after the truck got stuck. He also said he had called his wife to come and get him. As Mr. W was being arrested for Felony Aggravated DUI pursuant to Arizona Revised Statute ARS 28-1383, his wife attempted to call him on his cell phone.

At Trial we were able to argue that the State could not prove that the drinking had occurred prior to the accidents. In addition, we argued that they could not prove Mr. W was in “Actual Physical Control” of his truck when he was found by the Officer’s. He was merely using it as a temporary shelter as he waited for his wife to arrive. Even if his engine were running (as the cops claimed), this would be irrelevant as he was currently under “Safe Harbor” according to the law. The Jury agreed and returned the verdict of Not Guilty on all charges. Mr. W was facing a minimum of 4 months in Prison if he were to have been convicted.

December 4, 2004

December 4, 2004 By dmcantor 1200 Dismissed at Trial, 1A DUI / Vehicular Crime Jury Trial - Dismissed, 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. F (DMC No. 4908)

DISMISSED at JURY TRIAL | DUI (.070 BAC) – State v. Mr. F. (DMC No. 4908) (Phoenix City Court 3040345) [December 4, 2004]: Mr. F. was observed driving 85 to 90 mph, when he was weaving in and out of traffic and slammed on his brakes. A fully marked DUI van almost rear ended Mr. F. as they were “pacing” him. He was subsequently arrested for DUI and provided a .070 BAC. At trial, as jury selection was nearing an end, the Prosecutor realized that it did not look favorable and dismissed all charges.

August 2, 2004

August 2, 2004 By dmcantor 16 Miscellaneous Vehicular Crimes Victories, 200 DUI / Vehicular Crime Victories, Case Victories

State v. Ms. C (DMC No. 8045)

Ms. C. was traveling on the freeway when she was attempting to exit on an off ramp where 2 lanes merged into 1. When she suddenly realized that the 2 lanes were merging she sped up and passed on the right hand shoulder of the roadway. A DPS Officer on a motorcycle saw this, and cited her for Criminal Overtaking on the Right per Arizona Revised Statute ARS 28-724(A). Because Ms. C. had a Commercial Driver’s License, it was very important that she did not have any criminal driving convictions on her record. We were able to explain the situation to the Prosecutor, and he agreed to reduced the ticket to a simple civil violation of Unsafe Lane Usage under Arizona Revised Statute ARS 28-729.1.

July 13, 2004

July 13, 2004February 8, 2023 By dmcantor 1 DUI / Vehicular Crime Jury Trial Complete Acquittals, 1000 Complete Jury Trial Acquittals / All Criminal Charges, 200 DUI / Vehicular Crime Victories, Case Victories, Jury Trial Victories

State v. Mr. P (DMC No. 4541)

COMPLETE ACQUITTAL at JURY TRIAL/NOT GUILTY: EXTREME DUI (.179 BAC), DUI & DWI – State v. Mr. P (DMC No. 4541) (Phoenix City Court No. 3029827): Phoenix Police Officers claim that they saw Mr. P at 24^th Street and Thomas Road in Phoenix, Arizona when he exited a private drive and forced another car to swerve and slam on its brakes. The Officers rendition differed from those of another officer that was at the scene. After Mr. P was pulled over, he was given a Breath Test which revealed a .179 BAC. He was then arrested and cited for DUI. Just prior to Jury Trial, we had filed Motions arguing that the Breath Testing device did not have satisfactory calibration records. The State was forced to dismiss the Extreme DWI and DWI charges, and preceded to the Jury on the DUI charge only. At Trial, we were able to show enough discrepancies in the evidence, which resulted in a verdict of “Not Guilty” being returned on all remaining charges.

July 9, 2004

July 9, 2004 By dmcantor 16 Miscellaneous Vehicular Crimes Victories, 200 DUI / Vehicular Crime Victories, Case Victories, Tempe City Court / Tempe Municipal Court Victories

State v. Mr. S (DMC No. 7941)

Mr. S was seen driving 55 in a 45 mile per hour zone near Kyrene Road and Guadalupe Road in Tempe, Arizona. He was pulled over and it was discovered that the license plate on his car belonged to a Toyota pickup truck which Mr. S owned. Mr. S admitted that he had bought the vehicle the day before from a guy who lived in Pennsylvania. He said it did not pass emissions, so he put his other license plate (from a second car he owned) on the vehicle. We were able to show the Prosecutor that there is a rule which allows 3 day grace period for driving a vehicle between the purchase date and registration date in order to allow it to be taken to emissions. The Prosecutor agreed, and dismissed the charge of Fictitious License Plate under Arizona Revised Statute ARS 28-2531(B)(1).

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