March 6, 2014

March 6, 2014 By dmcantor 115 Assault/Violent Crime Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, 9 Felony Aggravated DUI’s Reduced, 900 Pre-Charge Case Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. C (DMC No. 10795)

REDUCED/NOT CHARGED | FELONY AGGRAVATED DUI (.267 BAC with child in car) REDUCED to a misdemeanor DUI with 1 day in jail/ASSAULT NOT CHARGED – State v. Mr. C. (DMC No. 10795) (Maricopa County Superior Court CR2012-10795): Mr. C. had been having problems with high school kids parking their cars and drinking and partying at the bottom of his drive way which overlooked the City from a mountain view. When returning from dinner with his wife and children in the car, he arrived at his driveway and got into a physical altercation with one of the teenagers. After a DUI investigation ensued, he provided a blood sample of .237 BAC. We were able to convince the prosecutor to not charge him with the assault on a juvenile. However, he was charged with AGGRAVATED DUI with child in car and faced up to 2 years in prison. We were able to get the charge reduced down to a misdemeanor REGULAR DUI with only 1 day in jail (versus the SUPER EXTREME DUI penalty of 45 days in jail). Mr. C. has no felony on his record.

March 6, 2014

March 6, 2014 By dmcantor 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 9 Felony Aggravated DUI’s Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Ms. C (DMC No. 6570)

FELONY AGGRAVATED DUI REDUCED to misdemeanor with 10 days in jail – State v. Ms. C. (DMC No. 6570) (Maricopa County Superior Court CR2006-118415): Ms. C. was stopped for a minor traffic violation and was told that her license was suspended. She had no knowledge that she was previously suspended for a prior DUI conviction, and she was also denied the right to obtain an independent blood test. Her breath test revealed a .261 breath alcohol content. Even though Ms. C. was facing a minimum of 4 months in prison with up to a maximum of 3.75 years in prison, we were able to secure a misdemeanor DUI offer with only 10 days in jail.

March 3, 2014

March 3, 2014 By dmcantor 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 9 Felony Aggravated DUI’s Reduced, Case Victories, Pinal County Superior Court Victories

State v. Mr. K (DMC No. 9911)

(DMC No. 9911) (Pinal County Superior Court No. CR2010-01190): Mr. K. was stopped while driving with two 7 year olds and two 10 year olds in his vehicle. An anonymous caller told police he had been weaving. Upon the stop, it was discovered that Mr. K. had a prior DUI conviction, at a .230 blood test. We were able to file motions that the stop was potentially suspect and this helped secure an offer for a misdemeanor DUI with a small amount of jail time.

March 2, 2014

March 2, 2014 By dmcantor 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 9 Felony Aggravated DUI’s Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. J (DMC No. 10581)

AGGRAVATED DUI (.220 BAC) with child in car REDUCED to a misdemeanor DUI with 45 days jail – State v. Mr. J. (DMC No. 10581) (Maricopa County Superior Court CR2011-158573): Mr. J. was riding on a golf course with a “Rhino” ATV. He had his 10 year son on the vehicle with him. He was contacted by police and admitted to drinking. Subsequently, a blood draw was obtained which revealed a .220 BAC. Although Mr. J. was facing a felony with up to 2 years in prison, we convinced the prosecutor to offer a misdemeanor SUPER EXTREME DUI with 45 days in jail, which allowed for Mr. J. to go to work during the day.

March 2, 2014

March 2, 2014December 27, 2022 By dmcantor 200 DUI / Vehicular Crime Victories, 9 Felony Aggravated DUI’s Reduced, Case Victories, Glendale City Court Victories, Maricopa County Superior Court Victories

State v. Mr. A. (DMC No. 4832)

FELONY AGGRAVATED DUI (.220 BAC) REDUCED to a misdemeanor DUI – State v. Mr. A. (DMC No. 4832) (Maricopa County Superior Court A989712/Glendale City Court TR2004-017131): Mr. A. was pulled over by police and told that his license was suspended. He thought his license was cleared when he submitted his “SR22” proof of insurance to the DMV. He was ultimately put through field tests and provided a hand held breath test which revealed a .220 BAC. After that he was booked into jail and we became involved. We were able to show the prosecutor that there was no true knowledge of his license suspension. They agreed to turn down AGGRAVATED DUI charges and rerouted the case for misdemeanor prosecution with the City of Glendale. Mr. A. was originally facing 4 months minimum in prison, up to 3.75 years maximum.

March 1, 2014

March 1, 2014 By dmcantor 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 9 Felony Aggravated DUI’s Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. W. (DMC No. 6722)

FELONY AGGRAVATED DUI (.210 BAC) REDUCED to misdemeanor with 10 days in jail – State v. Mr. W. (DMC No. 6722) (Maricopa County Superior Court CR2006-102242): Mr. W. was at the El Charro bar when police were called due to an alleged disturbing the peace complaint. Upon contact, Mr. W. stated he was going to walk home. The officer hid in order to wait for Mr. W. to walk to his vehicle and drive. He then pulled him over immediately. He subsequently was arrested and provided a blood test which resulted in a .210 BAC. Because of entrapment issues, along with a defense based on Mr. W. not knowing his license was suspended, we were able to secure a misdemeanor DUI with only 10 days in jail. Originally Mr. W. was facing a minimum of 4 months of prison up to a maximum 3.75 years.

February 8, 2014

February 8, 2014 By dmcantor 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 9 Felony Aggravated DUI’s Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Ms. C. (DMC No. 6003)

FELONY AGGRAVATED DUI (.188 BAC with child in car) REDUCED to misdemeanor DUI with 1 day in jail – State v. Ms. C. (DMC No. 6003) (Maricopa County Superior Court CR2005-135484 ): Ms. C. had been involved in a traffic accident in which she hit a tree and had her 9 year old daughter in the car as a passenger. She was subsequently arrested for DUI and provided a breath test which resulted in .188 BAC. Due to the fact that the prosecutor had trouble placing our client behind the wheel under “Corpus Delicti”, we were able to secure an offer which resulted in a misdemeanor DUI and 1 day in jail at sentencing. Ms. C. originally was facing a felony with up to 2 years in prison.

February 6, 2014

February 6, 2014 By dmcantor 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 9 Felony Aggravated DUI’s Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. M (DMC No. 4404)

REDUCED | AGGRAVATED DUI (.162 BAC) – class 4 FELONY REDUCED to Misdemeanor DUI with 1 DAY in JAIL – State v. Mr. M. (DMC No. 4404) (Maricopa County Superior Court CR2004-007415): Mr. M. was accused of having a prior DUI in Arizona, and 1 in California, along with having a suspended license. We were able to prove that the Arizona DUI was dismissed, and that the out of State conviction was questionable. In addition, we showed the Mr. M.’s license was valid on the date of violation. The State ultimately reduced the Aggravated DUI charge down to a mere misdemeanor with only 1 day of jail. Originally Mr. M. was facing a minimum of 4 months in prison and a felony on his record.

February 4, 2014

February 4, 2014 By dmcantor 200 DUI / Vehicular Crime Victories, 9 Felony Aggravated DUI’s Reduced, Case Victories, Page Justice Court Victories

State v. Mr. O. (DMC No. 8863)

AGGRAVATED DUI (.149 BAC) with CHILD in CAR REDUCED to MISDEMEANOR with 1 DAY in JAIL – State v. Mr. O. (DMC No. 8863) (Page Justice Court CR2009-12): Mr. O. was observed pulling into a National Forest Service Park without allegedly paying the camping fee. Officers arrived at Lakeshore Drive and Scorpion Place in Page, Arizona, and contacted Mr. O. He had two children in his car, and based on an odor of alcohol he was arrested for DUI. Once at the station he was given a breath test which showed that he had .149 BAC. Because officers told him that he had to take a breath test or he would also be charged with Federal felony charges, we argued that they “coerced” him into providing evidence. In addition, we questioned the nature of this stop based on an anonymous call. The Prosecutor agreed to dismiss the felony DUI in exchange for a Misdemeanor with 1 day in jail. Originally, Mr. O. was facing up to 2 years in prison.

February 3, 2014

February 3, 2014 By dmcantor 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 9 Felony Aggravated DUI’s Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. C. (DMC No. 10510)

FELONY AGGRAVATED DUI (.139 BAC with child in car) REDUCED to a misdemeanor DUI with 10 days jail – State v. Mr. C. (DMC No. 10510) (Maricopa County Superior Court CR2011-158057): Mr. C. was seen by another motorist travelling with two children in his car and weaving on and off the roadway onto the dirt shoulder. The concerned motorist called police and they subsequently pulled over Mr. C. and arrested him. He provided a .139 BAC, and was charged with FELONY AGGRAVATED DUI. We were able to convince the prosecutor that Mr. C. would lose his professional license if he had any type of felony on his record. We were offered a class 6 “open” plea, which was designated an immediate misdemeanor at the time of sentencing. Mr. C.’s professional license was not affected, and he has no felony conviction on his record.

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