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February 1, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Case Victories, Justice Court Victories, San Marcos Justice Court Victories

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

(San Marcos Justice Court No. TR06-51320CR): Mr. C. was seen coming off the westbound exit ramp on the 101 at Elliott. The officer claimed he drifted over the fog line and then accelerated to 75 mph in a 60 mph zone. He was subsequently stopped and arrested for DUI. He provided a breath sample of .110. We were able to show that there may have been no reasonable suspicion to stop, and that the problem with Mr. C.’s Field Sobriety Tests had to do with a previous head injury he had received. We were then able to convince the prosecutor to dismiss the DUI and reduce the case to a Reckless Driving charge with zero days in jail.

February 1, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Case Victories, Hassayampa Justice Court Victories, Justice Court Victories

State V. Mr. D. (DMC No. 9871)

REDUCED | DUI (.102 BAC) (DMC No. 9871) (Hassayampa Justice Court No. TR2010-157575): Mr. D. was stopped for allegedly failing to stop at a four way stop sign. He subsequently stopped and the officer did a field sobriety test and then a breath test which revealed a .102 breath alcohol content. The officer then booked Mr. D in jail overnight which interfered with his right to gather an independent blood test. We were able to convince the prosecutor to dismiss the DUI in exchange for a reckless driving and no further jail time.

February 1, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 6 Extreme DWI Reduced, Case Victories, Justice Court Victories, North Valley Justice Court Victories

State v. Mr. R. (DMC No. 5351)

REDUCED at JURY TRIAL | EXTREME DUI – State v. Mr. R. (DMC No. 5351) (North Valley Justice Court TR04-06102CR): REDUCED at JURY TRIAL to RECKLESS with ZERO DAYS JAIL  Police received a call regarding a man breaking a window at a house. Police were told that Mr. R. was now at a hotel suite. When the officer arrived at a hotel parking lot, he saw Mr. R. getting out of the vehicle and walking. He subsequently arrested him and he was taken to a station for DUI where he produced a .158 BAC breath test. Mr. R. asked for an “independent blood test”, and he was told he asked for that after he was booked. Once he was booked into jail, he never got the opportunity for an independent test. Just prior to jury trial, the State relented and agreed to dismiss the extreme DUI in exchange for a plea to “reckless driving” with zero days jail and a small fine.

February 5, 2000
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 8 Felony Aggravated DUI Dismissals, Case Victories, Globe Justice Court Victories, Justice Court Victories

State v. Mr. G (DMC No. 809)

DISMISSED | AGGRAVATED DUI – State v. Mr. G. (DMC No. 809) (Globe Justice Court 14156): Mr. G. was driving in his pickup truck with two females, when the truck stopped in the middle of the road and the two females jumped out. There was a wasp inside the truck, and an Officer was driving by when he saw this occur. After they had all got back into the vehicle and began driving, the Officer pulled them over. Due to Mr. G.’s prior DUI’s and a suspended license he was charged with aggravated DUI. Due to various Discovery violations, the State dismissed all charges.

January 7, 2000
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Case Victories, Justice Court Victories, Payson Justice Court Victories

State v. Mr. D (DMC No.)

(Payson Justice Court No. 2011 TR 3073, 3101): Mr. D. is a mechanic with a prior DUI conviction. Mr. D. had been drinking on his way to Payson and was stopped by the Highway Patrol. The officer noted signs and symptoms of impairment and a DUI investigation ensued. Mr. D. was charged with DUI and a speeding violation. The State alleged Mr. D.’s prior DUI conviction to enhance the possible jail sentence and fines that would be imposed if Mr. D. was convicted. A DUI conviction would also have resulted in Mr. D.’s driver’s license being revoked. While investigating the case, we discovered proof that police did not comply with the breath test maintenance regulations for the Intoxilizer. We also determined additional factual issues to argue for acquittal at trial. After we successfully fought a State’s motion to preclude defense expert testimony, a plea agreement was reached permitting Mr. D. to settle the case without any traffic code violations or adverse driver’s license action.

January 7, 2000
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, Case Victories, Ironwood Justice Court Victories, Justice Court Victories

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

(Ironwood Justice Court No. 2000046252CR): Mr. C. was stopped by police in Globe, Arizona and subsequently charged with an alleged DUI and Possession of Marijuana. Because of unreasonable delays with the police department’s test of Mr. C.’s urine, we were able to get all charges dismissed.

January 7, 2000
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 | DWI (Dreamy Draw Justice Court No. 03-03302CR): Mr. D. was stopped for going 79 in a 65 mph zone. Upon contact by police, they noted an odor of alcohol and the “fly” of his pants was down. He asked for an attorney, and called our office. After speaking with one of our attorneys, he asked about an independent blood test. The officer told him he did not need one, because there was a second vial drawn for his use. We filed a Motion for interference with his right to counsel, given the fact that the officer talked our client out of asking to be released for an independent blood draw at the hospital. An Evidentiary Hearing was held, and the judge granted the motion, resulting in a dismissal of all charges.

March 3, 1999
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 7A Super Extreme DUI Reduced, Case Victories, Justice Court Victories, White Tank Justice Court Victories

State v. Mr. S (DMC No. 5741)

SUPER EXTREME DUI (.236 BAC) REDUCED to REGULAR DUI with 1 DAY JAIL – State v. Mr. S. (DMC No. 5741) (White Tank Justice Court TR04-54197CR): Mr. S. was stopped due to a 911 call reporting a reckless driver. When police contacted him inside a McDonald’s parking lot, he was urinating next to his car. He was subsequently arrested, and provided a blood test which produced a .236 BAC. While at the station he asked to call his lawyer, but he was told there was no phone or phonebook, and that if he had a number then they would provide him a phone. Due to the potential “denial of right to counsel” issue the Prosecutor offered a regular DUI with 1 day in jail. Mr. S. was originally facing 45 days in jail.

March 3, 1999
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 7A Super Extreme DUI Reduced, Case Victories, Justice Court Victories, McDowell Mountain Justice Court Victories

State v. Mr. F. (DMC No. 4848)

SUPER EXTREME DUI (.235 BAC) REDUCED to 1 day jail – State v. Mr. F. (DMC No. 4848) (McDowell Mountain Justice Court TR04-01851CR): Mr. F. was stopped at the loop 101 & Hayden Road for an alleged traffic violation.  He was subsequently stopped and provided a blood sample of .235.  Due to the fact that the officer may have violated Mr. F.’s right to counsel request, and did not provide him an ability to obtain an independent blood test, we were able to have the case reduced from a SUPER EXTREME DUI (with a potential of 45 day in jail) all the way down to regular DUI with 1 day in jail.

March 3, 1999
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 7A Super Extreme DUI Reduced, Case Victories, Justice Court Victories, Payson Justice Court Victories

State v. Mr. R. (DMC No. 5384)

SUPER EXTREME DUI (.233 BAC) REDUCED to REGULAR DUI with 1 DAY JAIL – State v. Mr. R. (DMC No. 5384) (Payson Justice Court 2005TR1065): Mr. R. was travelling the wrong way on State Route 87 when he was pulled over by police. He was subsequently arrested for super extreme DUI and produced a .233 BAC. While at the station he asked to call a lawyer four different times and was not allowed to do so. Due to the potential “denial of right to counsel” issue, the State offered a regular DUI with only 1 day in jail. Mr. R. was originally facing 45 days in jail.

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