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.

January 8, 2014

January 8, 2014 By dmcantor 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Case Victories, Justice Court Victories, Kyrene Justice Court Victories

State v. Mr. D. (DMC No. 5391)

DUI (.089 BAC) REDUCED to WEAVE/SPEEDING TICKET – State v. Mr. D. (DMC No. 5391) (Kyrene Justice Court TR05-52034CR): Mr. D. was travelling on Priest Road in Tempe when he was observed driving with one headlight out. The officer pulled him over and eventually put him through field sobriety tests. Mr. D. was arrested and provided a .089 BAC at the DUI van. We were able to argue that the stop may have been questionable, and the Prosecutor agreed to reduce the charge down from DUI to a simple “weave” and “speed” ticket.

November 17, 2011

November 17, 2011 By dmcantor 500 Assault / Violent Crime Victories, 57 Disorderly Conduct/Threats Dismissed, 57-59 Disorderly Conduct / Threats Victories, Case Victories, Kyrene Justice Court Victories

State v. Mr. V (DMC No. 7106)

(Kyrene Justice Court No. JC2006131746): Mr. V. was at Axis / Radius nightclub in Scottsdale when a fight broke out. As all parties were being escorted from the club, police claim that Mr. V. was seen shouting profanities and attempting to push his way towards others involved in the fight. He eventually used profanity towards the officers, and he was shot six to eight times with a pepper ball gun by police. He was then taken to the ground and handcuffed. We were able to show the prosecutor that Mr. V. was actually trying to protect his brother, who had been beaten up by other patrons, and he was acting reasonably in the situation. We also questioned the officers’ version of the facts. The prosecutor then dismissed all charges.

February 6, 2010

February 6, 2010 By dmcantor 200 DUI / Vehicular Crime Victories, 6 Extreme DWI Reduced, Case Victories, Justice Court Victories, Kyrene Justice Court Victories

State v. Mr. S. (DMC No. 5461)

EXTREME DUI (.165 BAC) REDUCED to RECKLESS with ZERO DAYS JAIL – State v. Mr. S. (DMC No. 5461) (Kyrene Justice Court TR05-50506CR): Police were received a call regarding a person passed out in his vehicle on the westbound I-10 near the side of the road. When police arrived, the reporting party was gone, and Mr. S. was found in his vehicle with his hazard lights on, trunk open and a spare tire leaning up against the front driver side. The key was ignition, but the engine was not on. Mr. S. was arrested for extreme DUI, and provided a .165 BAC breath test. Due to various issues regarding “Corpus” and “Actual Physical Control”, we were able to have the case reduced to mere “reckless driving” with zero days in jail.

January 1, 2010

January 1, 2010 By dmcantor 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Case Victories, Kyrene Justice Court Victories

State v. Mr. W (DMC No.)

(Kyrene Justice Court No. TR04-03170CR): Mr. W. was stopped by police during an East Valley DUI Task Force over the Thanksgiving holiday. Police claimed he was going 10 mph below the speed limit. After he was arrested, he was being transported to the police station when the officer decided to stop another vehicle for a DUI arrest. Once he got to the station, he provided a blood test which was above the legal limit. Because of problems with the blood draw (two phlebotomists were used), we were able to get the DUI dismissed and secure a plea to Reckless Driving with zero days in jail.

March 1, 1999

March 1, 1999 By dmcantor 200 DUI / Vehicular Crime Victories, 7A Super Extreme DUI Reduced, Case Victories, Justice Court Victories, Kyrene Justice Court Victories

State v. Mr. R (DMC No. 10470)

SUPER EXTREME DUI (.202 BAC) REDUCED to 1 day in jail – State v. Mr. R. (DMC No. 10470) (Kyrene Justice Court TR2011-126149): Mr. R. was pulled over by DPS Officers at the Gilbert Road on ramp to the 202 FWY. This was after the officer saw that the vehicle had apparently run into a wall. He eventually provided a breath test with a .202 BAC. Due to the fact that the officer did not see the driving, we were able to negotiate a plea from a SUPER EXTREME DUI (with a potential of 45 days of jail minimum) to a regular DUI with 1 day in jail, based on a “no actual physical control” (APC) argument.

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