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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.

February 4, 2014
Posted on Author By dmcantor Categories 30-32 Indecent Exposure Victories, 300 Sex Crime Victories, 31 Indecent Exposure Reduced, Case Victories, Justice Court Victories, Superior / Kearny Justice Court Victories

State v. Mr. O (DMC No. 5706)

REDUCED | INDECENT EXPOSURE REDUCED to DISORDERLY CONDUCT with ZERO DAYS JAIL – State v. Mr. O. (DMC No. 5706) (Superior/Kearny Justice Court CR2005-0129): Mr. O. had been riding his motorcycle with his brother and a group of friends.  At a local rest stop, he pulled his pants in order to “moon” his brother.  Other families were nearby with small children, the police were called.  We were able to have the case amended down to a simple disorderly conduct (non sexual in nature) with a mere $150+ fine and zero days in jail.  There is no sex offense conviction on Mr. O.’s record.

February 4, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Case Victories, Justice Court Victories, Parker Justice Court Victories

State v. Mr. D (DMC No. 6512)

DUI (.146 BAC) DISMISSED due to DISCOVERY DELAY – State v. Mr. D. (DMC No. 6512) (Parker Justice Court/La Paz County Sherriff’s Office Complaint No. 27801): Mr. D. lived in California and was a recent graduate of the Police Academy. He was vacationing in Parker, Arizona. He had been drinking at his hotel with a friend and they drove to the store to pick up some items. The officer pulled Mr. D. over for an unknown reason, and had him perform field tests in his flip flops. He was arrested, submitted to a breath test which revealed a .146, and then requested to call an attorney. He was never given a phone or a phone book. Due to the issues with Denial of Right to Counsel, and No Reasonable Suspicion to Stop, we requested extensive Discovery from the officer. Due to the Discovery not being turned over in a timely manner, the Court dismissed all charges.

February 4, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Apache Junction Justice Court Victories, Case Victories, Justice Court Victories

State v. Mr. S. (DMC No. 8944)

DUI (.144 BAC) DISMISSED – State v. Mr. S. (DMC No. 8944) (Apache Junction City Court TR2009-00598): Police were called to Mr. S.’s residence regarding allegations that he backed his truck out of his driveway and struck another vehicle.  When they arrived, they observed symptoms of alcohol intoxication and they arrested him for DUI.  Mr. S. requested to have his attorney present prior to his blood test (which was denied), and he also said that he drank a beer while he was waiting for the police to arrive.  Due to these issues, the DUI was dismissed by the Prosecutor.

February 3, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Case Victories, Justice Court Victories, San Marcos Justice Court Victories

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

DISMISSED | DUI (.133 BAC) (San Marcos Justice Court No. 03-00376CR): Mr. D. was involved in a single vehicle accident. When officers arrived 15 minutes later, he admitted to drinking at a bar. He performed Field Sobriety Tests, and was then arrested. He ultimately provided a breath BAC of .133. Due to the failure of a witness to consent to a defense interview, we filed a Motion to Preclude his testimony. That Motion was granted, and the charges were dismissed.

An experienced Chandler DUI Lawyer knows how to defend your case in Chandler City Court. To schedule a free consultation, please call our offices at (602) 307-0808 or send us an email.

February 2, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Case Victories, Justice Court Victories, West McDowell Justice Court Victories

State v. Mr. S. (DMC No. 7543)

DUI (.129 BAC) DISMISSED due to INDEPENDENT TEST ISSUE – State v. Mr. S. (DMC No. 7543) (West McDowell Justice Court TR2007-125118): Mr. S. was pulled over on the freeway for allegedly travelling 95 mph.  He was processed and arrested for an alleged DUI, and when the police officer asked to draw Mr. S.’s blood, he stated “I will have a Doctor draw my blood”.  A search warrant was obtained and the officer’s forcibly took Mr. S.’s blood.  Due to the potential issue regarding Mr. S.’s request for a Doctor, we were able to have the DUI dismissed by the Prosecutor based on a potential “Denial of Independent Test” issue.

February 2, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Case Victories, Justice Court Victories, White Tank Justice Court Victories

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

DISMISSED | DUI (.120 BAC) (White Tank Justice Court No. 0210382CR): Mr. C. was stopped by Buckeye Police and he had an open container in his car. He subsequently provided a .120 breath alcohol sample. Because the stop appeared to be a “fishing expedition” by police, we filed a Motion to Dismiss based upon no reasonable suspicion. An evidentiary hearing was held, and the judge dismissed all charges.

February 1, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Case Victories, Dreamy Draw Justice Court Victories, Justice Court Victories

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

DISMISSED | DUI (.111)(Dreamy Draw Justice Court No. 03-02903CR): Mr. D. was stopped for allegedly traveling 78 mph on the freeway. After he was stopped, only partial Field Sobriety Tests were done by the officer. Mr. D. provided a breath sample which resulted in a .111 BAC. Because the State was failing to timely provided discovery, we filed a Motion to Preclude Witness Testimony and Breath Test Results. The State ultimately conceded, and all charges were dismissed.

February 1, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Arcadia Biltmore Justice Court Victories, Case Victories, Justice Court Victories

State v. Ms. S. (DMC No. 5386)

DUI (.108 BAC) DISMISSED – State v. Ms. S. (DMC No. 5386) (Arcadia Justice Court TR05-00071CR): Ms. S. was pulled over for allegedly weaving near 32nd Street and Cactus. She had an odor of alcohol and admitted to drinking and taking prescription medication. After her arrest, she was taken to the station where she provided a .108 breath test. She asked to speak to an attorney, but was never given a private phone call. We were able to show the Prosecutor’s that they had violated her right to counsel, and the State dismissed all charges.

January 28, 2014
Posted on Author By dmcantor Categories 100H MIC/MIP Victories, 101 Misc. Crimes Jury/Bench Trial Victories, 1300 Bench Trial Victories, 1300A Complete Bench Trial Acquittal / All Criminal Charges, 800 Miscellaneous Crime Victories, Case Victories, Justice Court Victories, White Tank Justice Court Victories

State v. Ms. E (DMC No. 10177)

NOT GUILTY/COMPLETE ACQUITTAL at BENCH TRIAL | MINOR in CONSUMPTION – State v. Ms. E. (DMC No. 10177) (White Tank Justice Court JC2011-102129): Ms. E. was tailgating prior to the Fiesta Bowl game in the stadium parking lot when an officer walked up and asked her submit to a portable breath test which revealed a .023 BAC.  He also forced her to answer the question as to whether she had been drinking, and then he cited her.  At Bench Trial, the Officer could not state why he had probable cause to contact Ms. E. in the first place.  In addition, he had no specific recollection of Ms. E.  The Judge found Ms. E. not guilty of all charges.

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