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February 5, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 5 Extreme DWI Dismissals, Case Victories, San Tan Justice Court Victories

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

DISMISSED | DWI (.158 BAC) (San Tan Justice Court No. TR2006-16338): Police received a potential burglary call in a neighborhood in the area of Guadalupe. Mr. S. was seen pulling out of a neighborhood, and was subsequently stopped. Police discovered he was not the burglary suspect but had an odor of alcohol, and they arrested him. He provided a .158 blood sample. We were able to file a Motion to Dismiss based on no reasonable suspicion to stop, which was granted and resulted in the entire case being dismissed.

February 5, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 5 Extreme DWI Dismissals, Case Victories, White Tank Justice Court Victories

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

(White Tank Justice Court No. 03-06385CR): Mr. S. had a prior DUI and had been stopped for allegedly drinking from an open container. After performing Field Sobriety Tests, he was arrested. While at the station, Mr. S. asked to call a lawyer and the officer told him he could not talk to a lawyer until after he provided a blood sample. His BAC came at .156%. We filed a Motion for Denial of Right to Counsel, and after an Evidentiary Hearing the judge dismissed the DUI, saving Mr. S. months in jail.

February 5, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 5 Extreme DWI Dismissals, 909 Scottsdale DUI Wins, Case Victories, City Court Victories, Scottsdale City Court Victories

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

DISMISSED | DUI (.155) – (Scottsdale Municipal Court No. 2003-12905CR): Mr. T. was stopped for allegedly weaving and making an improper right hand turn. Upon contact, he smelled of alcohol and he stated to the officer, “When do I get to talk to my lawyer?” The officers did not allow him to speak to a lawyer before he submitted to a blood test, which resulted in a .155% BAC. We filed a Denial of Right to Counsel Motion, which was granted by the judge at an Evidentiary Hearing, resulting in a dismissal of all charges.

Do you have a DUI case in Scottsdale and want the opinion of a Scottsdale DUI lawyer? Give us a call today for a free DUI case review.

 

February 5, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 5 Extreme DWI Dismissals, Case Victories, Justice Court Victories, Kyrene Justice Court Victories

State v. Mr. G. (DMC No. 10314)

EXTREME DUI (.155 BAC) DISMISSED – State v. Mr. G. (DMC No. 10314) (Kyrene Justice Court TR2010-163648): Mr. G. was stopped travelling eastbound on I-10 near Elliott Road. The call had come in from another motorist stating that Mr. G. looked impaired. After he was pulled over, he was arrested for DUI and produced a breath test of .155 BAC. We subsequently filed a “Request for Discovery”, and when it became apparently that the State could not comply with all of our needs, they were force to dismiss all charges.

February 5, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 5 Extreme DWI Dismissals, Case Victories, West Mesa Justice Court Victories

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

DISMISSED | DUI – State v. Mr. P. (West Mesa Justice Court No. TR-2006066028): Mr. W. had an accident in the center median after traveling too fast on County Club Drive. This was observed by a police officer. He subsequently contacted Mr. W. and performed Field Sobriety Tests on him. He was arrested for DUI and was given a breath test which revealed a .153 BAC. When we got involved in the case, we filed Motions to Dismiss based on the State’s violation of the timely discovery rules. Ultimately the State was forced to file their own Motion to Dismiss because they were violating Mr. P.’s speedy trial rights.

February 5, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 5 Extreme DWI Dismissals, 903 Gilbert DUI Wins, Case Victories, City Court Victories, Gilbert City Court / Gilbert Municipal Court Victories

State V. Mr. B. (DMC No. 9846)

(DMC No. 9846) (Gilbert City Court No. 2010-CT-0012114): Mr. B. was accused of driving 41 MPH in a 25 MPH zone and weaving. Upon contact, the Gilbert Police officer he smelled of alcohol. When he was taken down to the station, he was put in a private room and was given a phone and a phone book to call a lawyer if he wanted to. A lawyer from our office called him back, and the officers did not allow Mr. B. to immediately speak with our lawyer. After blood results came back a .151, we filed a motion for suppress for denial of right to counsel. Eventually the state agreed and dismissed all criminal charges.

February 5, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 5 Extreme DWI Dismissals, Case Victories, Encanto Justice Court Victories, Justice Court Victories

State v. Mr. Z. (DMC No. 5802)

DISMISSED | EXTREME DUI (.150+ BAC) – State v. Mr. Z. (DMC No. 5802) (Encanto Justice Court TR05-00087CR):  Mr. Z. was pulled over for allegedly squealing his tires at 1 in the morning and speeding. The officer pulled him over and Mr. Z. was ultimately arrested for DUI and taken to the station. He provided a .150+ BAC and was charged with extreme DUI. We filed Motions compelling all Discovery, and the State was delayed in producing the “calibration checks” on the blood testing device. We filed a Motion to Dismiss and the State was unable to provide records before the Evidentiary Hearing. They moved to dismiss all charges.

February 5, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 5 Extreme DWI Dismissals, Agua Fria Justice Court Victories, Case Victories, Justice Court Victories

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

DISMISSED | DUI – State v. Mr. W. (Agua Fria Justice Court No. 2006-130904): Mr. W. was pulled over in Avondale during a DUI Task Force. Ultimately he was arrested for DUI and a BAC of .150+ was obtained from a breath test. We attended the court dates and found that the State had not produced full discovery as required by law. We ultimately informed the State that they were violation and they were forced to move for a Motion to Dismiss. The State never could find all appropriate discovery, and the one year statute of limitations ran with all charges being dismissed forever.

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