March 17, 2015

March 17, 2015February 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, 909 Scottsdale DUI Wins, Case Victories, Jury Trial Victories, Scottsdale City Court Victories

State v. Ms. W (DMC No. 12692)

NOT GUILTY/ COMPLETE ACQUITTAL at JURY TRIAL: SUPER EXTREME DWI (.214 BAC) EXTREME DUI, DUI and DWI – State v. Ms. W (DMC No. 12692) Mar. 17, 2015 (Scottsdale City Court TR2014-015549): Ms. W was a passenger with a friend who was driving on 2^nd Street between Goldwater Boulevard and 68^th Street in Downtown Scottsdale. A Police Officer was seen up ahead, and the friend pulled the car over “because he was really drunk”, and didn’t want to get in trouble. Ms. W got out the car and walked to the driver’s side and got in while the driver slid over to the passenger seat. While she was sitting in the car, the engine was on and the air conditioner was on (it was the height of summer). She got on her cell phone to call to have a ride come pick them both up.

The Police contacted Ms. W and arrested her for DUI and underage drinking and driving. They claim that she was in “Actual Physical Control” (APC) of the vehicle. At Jury Trial, we presented evidence that Ms. W was merely using the car as “temporary shelter” until her ride would arrive. The Jury agreed that she was not actually operating the car, and she was found Not Guilty of these charges.

October 13, 2014

October 13, 2014 By dmcantor 1200 Dismissed at Trial, 50 Assault/Violent Crime Jury Trial Victories, 500 Assault / Violent Crime Victories, 51 Assault/Domestic Violence Dismissals, 54 Felony Aggravated Assault Dismissals, 66 Child/Vulnerable Adult Abuse Dismissals, 66-68 Child/Vulnerable Adult Abuse Victories, Case Victories, Jury Trial Victories, Pinal County Superior Court Victories

State v. Ms. J (DMC No. 12366)

Dismissed at Jury Trial – Felony Child Abuse and Felony Aggravated Assault on a Child – State v. Ms. J (Oct. 13, 2014) (DMC No. 12366) (Pinal County Superior Court CR2013-00944): Ms. M was married to another woman (our client, Ms. J) who had two children (a 10 year old & a 12 year old). During the course of the relationship Ms. M’s wife became separated from Ms. M and they were in the process of divorce. They still shared custody of the children during visitation. At one point, Ms. M’s ex-spouse stated that the two children came home and claimed one had been whipped with a belt across their rear buttocks, and the other had been head butted by Ms. J.

Ms. M’s ex-wife then took the children to the Police and reported the incident. She secured an Order of Protection, and was given Temporary Custody of both children. The children were interviewed by Police, and confirmed the stories. Ms. J was then charged with Felony Child Abuse per Arizona Revised Statute ARS 13-3623, and Felony Aggravated Assault on a Child.

We became involved in the case, and immediately secured the interviews and photographs of the children’s injuries. From the photographs, it did not appear the injuries were remotely close to the injuries described in the Police Reports. We were also able to demonstrate that these allegations were being potentially used to gain an advantage in the custody battle. Just prior to Jury Trial, the Prosecutor agreed to dismiss all charges if Ms. J were to do some Diversion classes. Rather than risk multiple years in prison should she lose a trial, Ms. J agreed to do the classes in exchange for complete Dismissal of all charges.

March 21, 2014

March 21, 2014 By dmcantor 1 DUI / Vehicular Crime Jury Trial Complete Acquittals, 1000 Complete Jury Trial Acquittals / All Criminal Charges, 200 DUI / Vehicular Crime Victories, 909 Scottsdale DUI Wins, Case Victories, Jury Trial Victories, Scottsdale City Court Victories

State v. Ms. L. (DMC No. 11882)

NOT GUILTY/COMPLETE ACQUITTAL at JURY TRIAL/DUI and DWI (.133 BAC) – March 21, 2014 – State v. Ms. L. (DMC No. 11882) (Scottsdale City Court TR2013-009192): Ms. L. was traveling on Scottsdale Road when officers noticed that she had an expired license plate. She was subsequently pulled over and a DUI investigation ensued. During the FST’s, it was indicated that she had no problem with the “one leg stand” and only had 4 of 6 cues on “horizontal gaze nystagmus” (HGN). Subsequently, blood was drawn and the officer inadvertently wrote “2:38 a.m.” instead of “12:38 a.m.” on the blood kit. He had to reopen the blood kit (breaking the seal), correct the time and then reseal the kit. During trial, the State’s Criminalist stated the there was no issues or anything unusual with the blood kit that he had tested. Our expert then got on the stand and pointed out that the kit had been opened after the original seal had been put in place. The jury deliberated over night and came back with a verdict of “not guilty” on all charges.

For more information on how our firm handles Scottsdale DUI cases, click the following link to schedule a free consultation.

February 24, 2014

February 24, 2014 By dmcantor 1000 Complete Jury Trial Acquittals / All Criminal Charges, 2100 Superior Court Victories, Case Victories, Jury Trial Victories, Maricopa County Superior Court Victories

State v. Mr. G. (DMC No. 11854)

NOT GUILTY/COMPLETE ACQUITTAL at JURY TRIAL FELONY UNLAWFUL FLIGHT with 2 PRIOR FELONY CONVICTIONS – February 24, 2014 – State v. Mr. G. (DMC No. 11854) (Maricopa Superior Court CR2013-429181001): A Peoria Police Officer was travelling on the north bound 101 Loop Freeway when he saw a motorcycle approaching him at about 85 mph from the rear. The officer slowed down to 60 mph and then down to 50 mph. Once the motorcyclist passed the officer, the officer activated his lights and the motorcyclist indicated he would be pulling over. The motorcyclist had a passenger with a red shirt on the back of a bike. As the bike was slowing, the motorcyclist accelerated to 120 mph and took off.

About a half hour later, the officer was finishing his dinner break at a local QT at 83rd Avenue and Union Hills, when he saw what he thought was the same motorcycle with a passenger in a red shirt pass by. At jury trial, we were able to argue that the officer misidentified Mr. G.’s motorcycle. The passenger on the back of Mr. G.’s motorcycle was wearing a red Diamondbacks jersey, and there had been a Diamondbacks game that night in which many people were wearing Diamondbacks jerseys. In addition, we presented evidence that there were at least 10, 000 motorcycles of the same make and model in Arizona that could have matched Mr. G.’s motorcycle. The jury came back with the verdict of “not guilty”. Mr. G. was originally facing a 3rd felony conviction, which would have exposed him to over 5 years in prison.

If you would like to speak with us regarding your case, give us a call (602) 307-0808 or send us a confidential email.

November 27, 2013

November 27, 2013 By dmcantor 1000 Complete Jury Trial Acquittals / All Criminal Charges, 2100 Superior Court Victories, 50 Assault/Violent Crime Jury Trial Victories, 500 Assault / Violent Crime Victories, Case Victories, Jury Trial Victories, Maricopa County Superior Court Victories

State v. Ms. L. (DMC No. 11667)

Not Guilty / Complete Acquittal / Felony Aggravated Assault (2 Counts) – State v. Ms. L. (DMC No. 11667) (Maricopa County Superior Court No. CR2013-102278-001):

Ms. L. had called 911 due to a domestic violence dispute in her home in Mesa, Arizona where her roommate had assaulted her. Two Mesa Police Officers arrived and eventually claimed that Ms. L. assaulted them. One officer claimed that Ms. L. pushed him, and the other claimed that Ms. L. spit on him. Knowingly touching a police officer with the intent to insult, injure, or provoke him/her is a Felony Aggravated Assault. The entire incident was captured on video from a mounted camera on one of the officer’s shoulders. After jury trial in which the attorney from our firm showed through testimony of various witnesses that the police officers lied both in their police reports and on the witness stand Ms. L. was found not guilty on both charges by the jury of her peers.

October 8, 2013

October 8, 2013 By dmcantor 1 DUI / Vehicular Crime Jury Trial Complete Acquittals, 1000 Complete Jury Trial Acquittals / All Criminal Charges, 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. S. (DMC No. 11597)

NOT GUILTY | Complete Acquittal / DUI Arizona – State V. Mr. S. (DMC No. 11597) (Phoenix City Court No. 4639623):

Mr. S. was stopped for a traffic violation in the area of 27th Ave and Thomas in Phoenix, AZ. Mr. S. submitted to a battery of field sobriety tests and was placed under arrest for suspicion of DUI. He submitted to a blood draw within two hours of the stop. The result of the BAC analysis was .093. The blood result was persuading the jury that the State’s evidence impairment was insufficient to sustain the charge and the client was acquitted of all DUI charges.

July 16, 2012

July 16, 2012 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. D. (DMC No. 10767)

Not Guilty / Complete Acquittal Aggravated DUI (.308 BAC) Arizona – State v. Mr. D. (DMC No. 10767) (Maricopa County Superior Court No. CR2011-153504): Mr. D was passed out in the driver’s seat of his car, with the engine running and the driver’s door open in the parking lot of a convenience store. A passerby woke him up and said that he needed to take the keys out of the ignition or he would call police. Mr. D got out of the car, then got back in the car, and started the car twice over the next 20 minutes. When police arrived they noticed watery, bloodshot eyes and a strong odor of alcohol. Mr. D was unable to hand his identification card to the officer and stated that his license was suspended. He refused to do the field sobriety tests and was taken to the DUI van to have his blood drawn. Mr. D’s BAC was a 0.304, nearly 4 times the legal limit.

Mr. D was facing no less than 10 years in prison on this charge. He was also on probation for two other cases. If convicted at trial, his probation would have been revoked and he would have been sentenced to an additional 1 to 7.5 years in prison. At trial we argued that Mr. D sitting in the vehicle did not rise to the level of actual physical control because he posed no danger to himself or others. The jury acquitted Mr. D on all charges.

May 4, 2012

May 4, 2012 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, San Tan Justice Court Victories

State v. Mr. B (DMC No. 10544)

Not Guilty / Complete Acquittal / DUI & DWI (.107 BAC) – State v. Mr. B. (San Tan Justice Court No. TR-2011-146484): Mr. B. had been drinking at the Salt River and was stopped by the highway patrol. The officer noted signs and symptoms of impairment and a DUI investigation ensued. Mr. B. submitted to a breath test that resulted in alcohol content readings of .107 and .104. Mr. B. was charged with two counts of DUI. The State did not offer Mr. B. a significant plea offer. At trial, after attacking the credibility the breath sample, the jury found Mr. B. not guilty of all the DUI charges.

December 19, 2011

December 19, 2011 By dmcantor 1300 Bench Trial Victories, 1300B Dismissed at Bench Trial, 700 Property Crime Victories, 90 Criminal Damage Dismissals, 97 Property Crime Jury / Bench Trial Victories, Case Victories, City Court Victories, Jury Trial Victories, Mesa City Court / Mesa Municipal Court Victories

State v. Mr. Y (DMC No. 7171)

DISMISSED AT BENCH TRIAL | Criminal Damage, State v. Mr. Y. (DMC No. 7171) (Mesa Municipal Court No. 2006-065603): Mr. Y. had been in an argument with his wife when he kicked open the bedroom door. Police were called and he stated the damage had occurred 2 days prior. At the time of trial, the State was lacking critical evidence and were unable to proceed. All charges were dismissed.

September 22, 2011

September 22, 2011 By dmcantor 1000 Complete Jury Trial Acquittals / All Criminal Charges, 50 Assault/Violent Crime Jury Trial Victories, 500 Assault / Violent Crime Victories, 73 Resisting Arrest Dismissals, 73-74A Resisting Arrest Victories, Case Victories, Jury Trial Victories, Maricopa County Superior Court Victories

State v. Mr. M. (DMC No. 10164)

Mr. M was involved in a traffic accident on the State Route 51 near Cactus Road. Officers were called out and Mr. M was arrested for DUI and he provided a blood test of a .303 BAC. While in the back of the Patrol car, he became belligerent and used profanities. The Officers’ claimed that he tried to grab a taser and Mr. M. was then charged with Felony Aggravated Assault on a Police Officer under Arizona Revised Statute ARS 13-1204(A)(8)(A). Because Mr. M had 2 prior felony convictions, he was facing potential of 5 years+ in Prison.

At Jury Trial, we were able to show that Mr. M was extremely intoxicated by alcohol. This proved that he did not have the requisite “intent” necessary to grab a taser, turn it on and fire it at the Officer. He was simply pulling away while Officers were attempting to restrain him. The Jury agreed and found Mr. M Not Guilty of all charges.

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