HIT and RUN REDUCED to SPEEDING TICKET – State v. Mr. M. (DMC No. 11173) (Phoenix City Court 4603008)
June 4, 2014
May 29, 2014
Posted on Author By dmcantor Categories 16A OUI/Boating DUI Victories, 200 DUI / Vehicular Crime Victories, Case Victories, North Mesa Justice Court Victories
OUI (.074 BAC) REDUCED to NEGLIGENT OPERATION of WATERCRAFT with ZERO DAYS in JAIL – State v. Mr. C. (DMC No. 11132) (North Mesa Justice Court JC2012-137199): Mr. C. was on the lake with his boat and was towing an inner tube with his three children riding on it. He was going approximately 5 to 10 mph, and he moved left to allow another boat (that was over 100 feet away) to pass to the right. Deputies pulled him over in his boat and claimed that he “failed to yield”. An OUI investigation subsequently ensued and he produced a .074 BAC. We were able to negotiate with the Prosecutor and get them to dismiss the OUI in exchange for a simple “negligent operation of a watercraft” with a small fine and no jail time.
May 29, 2014
Posted on Author By dmcantor Categories 11 Hit and Run Dismissals, 200 DUI / Vehicular Crime Victories, Case Victories, Moon Valley Justice Court Victories
HIT and RUN DISMISSED due to DISCOVERY VIOLATION – State v. Mr. R. (DMC No. 5234) (Moon Valley Justice Court TR03-00719CR): Police received a call from a semi truck driver stating that a vehicle had cut him off and struck the front of his truck with the rear of their car. He stated that the driver then took off. Several hours later Mr. R. was contacted, and he admitted to the collision. Because no injuries were involved, we were able to file a Motion based on “Corpus Delicti” stating that there could not be positive identification of Mr. R. by the semi truck driver. Due to other Discovery violations, the State moved to dismiss all charges.
May 29, 2014
Posted on Author By dmcantor Categories 16H Reckless Driving Victories, 200 DUI / Vehicular Crime Victories, Case Victories, Paradise Valley City Court Victories
RECKLESS DRIVING DISMISSED – State v. Mr. J. (DMC No. 10621) (Paradise Valley City Court 37417): A Paradise Valley Police Officer stated that he saw Mr. J.’s vehicle turn into the parking lot of the Franciscan Renewal Center at 60th Street and Lincoln. He saw it drive rapidly and then turn back out of the property, and then the taillights “disappeared”. He found the vehicle crashed in the desert and Mr. J. was not inside of the vehicle. Due to the possible issues regarding positively identifying the driver, we were able to convince the Prosecutor to dismiss all charges in exchange for some community service hours.
May 29, 2014
VEHICULAR ENDANGERMENT REDUCED to MISDEMEANOR with PROBATION and ZERO DAYS in JAIL – State v. Mr. E. (DMC No. 8853) (Maricopa County Superior Court CR2009-104322): Mr. E. had gone out drinking with his girlfriend when they became engaged in an argument while driving home in his truck. According to witnesses, they were engaged in a physical struggle when he opened the passenger door and pushed her out of the truck while it was travelling at 10 to 15 mph. She eventually was taken to the hospital and had x-rays for some minor injuries. Mr. E. was charged with Vehicular Endangerment and was facing potential prison time. We were able to convince the Prosecutor to reduce the case to a simple misdemeanor with probation and zero days in jail. Mr. E. has no felony on his record.
May 29, 2014
REDUCED | UNLAWFUL FLIGHT REDUCED to ENDANGERMENT class 6 open/misdemeanor with PROBATION and ZERO DAYS in JAIL – State v. Mr. D. (DMC No. 6036) (Maricopa County Superior Court CR2005-139410): Police were called with a 911 tip in order to find a suspected drunk driver. When they saw Mr. D., they used a loud speaker and flashed a spotlight. They eventually laid out “stop sticks”, and Mr. D. drove around them. When he was ultimately arrested, he stated that he did not see the officers. Although he was originally charged with Unlawful Flight (“felony flight”), we had the case reduced to a simple “endangerment” with probation and zero days in jail. It was ultimately converted to a simple misdemeanor, and Mr. D. has no felony on his record.
May 7, 2014
PARTIAL AQUITTAL at BENCH TRIAL | Failure to yield/serious injury accident – State v. Ms. L. (DMC No. 8780) (Scottsdale City Court TR2008-034898): Ms. L. has been out earlier and had drank one beer. When she was arriving home, she turned left into her apartment complex. A motorcycle traveling at a high rate of speed slammed into the side of her car and the passenger was tossed and seriously injured. Ms. L. was charged with Failure to Yield/Causing a Serious Injury Accident and Speeding. At trial we were able to obtain a Not Guilty verdict on the most serious charge of Failing to Yield and Causing a Serious Injury Accident. She was only convicted of a civil Speeding ticket and given a small fine.
May 1, 2014
REDUCED | VEHICULAR AGGRAVATED ASSAULT (.402 BAC) REDUCED to probation and 6 months in jail – State v. Ms. S. (DMC No. 4627) (Maricopa County Superior Court CR2002-097523): Ms. S. rear-ended a vehicle that was stopped at a red light while she was travelling 45 MPH. The victim suffered a spine fracture as well as multiple lacerations to his body. Ms. S. subsequently provided blood at the hospital which revealed a .402 blood alcohol. She was originally charged with an AGGRAVATED ASSAULT DANGEROUS which subjected her to potentially 5 to 15 years of prison minimum. We were able to convince the prosecutor to reduce it to a non-dangerous offense with probation and a stipulated 6 months in jail. Ms. S. had gone through rehab and did not drink anymore. She was allowed to serve her 6 months in jail in Flagstaff at the Coconino County Jail (where the weather is much cooler).
April 28, 2014
UNLAWFUL FLIGHT (8 mile car chase at 100 mph) REDUCED to ENDANGERMENT with PROBATION and ZERO DAYS in JAIL – State v. Mr. J. (DMC No. 11049) (Maricopa County Superior Court CR2012-128671): Mr. J. and his friend had been drinking and were at a strip club celebrating his return to town. Many of the patrons began to complain that Mr. J. and his friend were “monopolizing” the dancers. They were eventually asked to leave, and they left and got in Mr. J.’s car. Prior to closing the door somebody pointed a weapon at them in order to demand money. Mr. J. then floored it and took off from out of the parking lot. Approximately 200 yards later, a large SUV got in behind Mr. J. and began chasing him. He did not realize it was a police car, until he pulled into his hotel approximately 8 miles later. He was traveling at over 100 mph at certain times. We were able to convince the Prosecutor that he was not knowingly fleeing police, and they agreed to reduce the charge to Simple Endangerment with a probation sentence and zero days in jail.
April 28, 2014
THEFT of MEANS of TRANSPORTATION with 2 PRIOR FELONIES CONVICTIONS REDUCED to a MISDEMEANOR with ZERO DAYS in JAIL at TIME of SENTENCING – State v. Mr. W. (DMC No. 5170) (Maricopa County Superior Court CR2003-033716): Mr. W. had 2 prior felony convictions, and was accused of stealing motorcycles and “parting” them out. His original Public Defender had secured an offer to 6 years in prison. When we became involved we immediately attacked the proof of his prior convictions. This allowed us to secure a class 6 “open” offer, and we were able to argue at the time of sentencing for the charge to be reduced to a misdemeanor upon successful completion of probation. Mr. W. eventually got drug counseling, completed probation and did not serve any jail time or prison time regarding this case.