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February 3, 2014
Posted on Author By dmcantor Categories 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.

February 2, 2014
Posted on Author By dmcantor Categories 100 Miscellaneous Crimes Victories, 800 Miscellaneous Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. R. (DMC No. 5700)

FELONY BIGAMY (with MULTIPLE PRIOR FELONIES) REDUCED to PROBATION with 3 MONTHS in Jail – State v. Mr. R (DMC No. 5700) (Maricopa County Superior Court CR2002-098145): Mr. R was a 50 year old blind and bipolar man who had numerous prior felony convictions raging from 2nd Degree Murder to Fraud Schemes to cashing of Bad Checks. He had been married numerous times, and during one of those he did not secure a divorce when he lived in New Mexico. He then got married in Arizona while he was still married in New Mexico. While going through a separation with his Arizona wife, she discovered that he was still married in New Mexico, and he was subsequently indicted with Bigamy per Arizona Revised Statute ARS 13-3606.

Although the Maricopa County Attorney’s Office was asking for 2 years in prison, we were able to convince the Judge that his prior conviction for 2nd Degree Murder (against a prior wife) was not a basis for giving him prison in the present offense. We were able to show the Judge that this new charge was purely an error on Mr. R’s part in that his prior divorce consent decree had not actually been filed in New Mexico. The Judge agreed that he should not be sent back to prison, and he was only given probation with 3 months of Jail time.

February 2, 2014
Posted on Author By dmcantor Categories 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. S. (DMC No. 4843)

FELONY AGGRAVATED DUI (.125 BAC) REDUCED to a 6 open/misdemeanor with 1 day in jail – State v. Mr. S. (DMC No. 4843) (Maricopa County Superior Court CR2004-014717): Mr. S. was stopped on the Metro West Parkway on his motorcycle, in which his 8 year old daughter was riding in the back without eye protection or a helmet.  He was ultimately arrested for DUI and provided a breath test which resulted in a .125 BAC.  Even though he was charged with felony DUI and facing a potential of 2 years in prison, we were able to secure an offer in which he ultimately earned a misdemeanor and only served 1 day in jail.

February 1, 2014
Posted on Author By dmcantor Categories 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. 6616)

REDUCED | FELONY AGGRAVATED DUI (.119 BAC) REDUCED to misdemeanor – State v. Mr. M. (DMC No. 6616) (Maricopa County Superior Court CR2005-032184): Mr. M. was stopped for allegedly failing to yield when pulling out of a private drive.  He was subsequently arrested a provided a breath alcohol sample of .119 BAC.  He was charged with felony Aggravated DUI and was facing a minimum of 4 months in prison, and a maximum of 3.75 years.  We were able to successfully attack the prior conviction, thereby forcing the prosecution to reduce his case to a misdemeanor.

February 1, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 8 Felony Aggravated DUI Dismissals, Case Victories, Maricopa County Superior Court Victories

State v. Mr. T. (DMC No. 5622)

DISMISSED | FELONY AGGRAVATED DUI (.118 BAC) – State v. Mr. T. (DMC No. 5622) (Maricopa County Superior Court CR2005-005588) DISMISSED at EVIDENTIARY HEARING due to RIGHT to COUNSEL ISSUE: Mr. T. was found in his vehicle sleeping roughly 3 to 4 feet away from the curb. The car was in park, and the lights were off. Due to a prior DUI and suspended license, Mr. T. was charged with felony aggravated DUI. Because of potential actual control issues, and denial right to counsel, several Motions were filed. At Evidentiary Hearing, the Judge found that Mr. T.’s right to counsel was violated, and the case was dismissed.

February 1, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 8 Felony Aggravated DUI Dismissals, Case Victories, Maricopa County Superior Court Victories

State v. Mr. B (DMC No.)

DISMISSED | FELONY AGGRAVATED DUI (.115 BAC) Maricopa County Superior Court (200006811CR): Mr. B. was stopped on the freeway by a DPS Officer for allegedly speeding and was subsequently charged with Aggravated DUI. A blood sample was ultimately obtained, which resulted in a .115 BAC. Due to the insufficiency of the telephonic search warrant, we were able to get the blood test results suppressed. The Maricopa County Attorney’s Office then moved to dismiss all charges against Mr. B.

January 28, 2014
Posted on Author By dmcantor Categories 1500 Expungement Victories, 16D Vehicular Endangerment Victories, 16l DUI Expungement Victories, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 79B Endangerment Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. M (DMC No. 10769)

CONVICTION SET ASIDE and CIVIL RIGHTS RESTORED/FELONY VEHICULAR ENDANGERMENT – State v. Ms. M. (DMC No. 10769) (Maricopa County Superior Court CR2009-175984): Ms M. had been driving on the freeway, when another vehicle had engaged her in a “road rage”.  Eventually, Ms. M. had slammed on her brakes and the other vehicle was involved in a car accident.  Ms. M. was eventually charged with endangerment, and plead guilty.  Since that time, she completed probation and the matter was designated a misdemeanor.  We were able to petition the court to have the judgment of guilt set aside and her civil rights restored. The complaints against her were dismissed.

January 28, 2014
Posted on Author By dmcantor Categories 100D Attempt Victories, 1500 Expungement Victories, 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 69 Robbery Dismissals, 69-70A Robbery Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. J (DMC No. 10574)

CONVICTION SET ASIDE and CIVIL RIGHTS RESTORED | ATTEMPTED AGGRAVATED ROBBERY – State v. Mr. J. (DMC No. 10574) (Maricopa County Superior Court CR1994-007177): Mr. J. was 18 years old, he and a friend got into a physical altercation with another man and took his truck.  Mr. J. subsequently plead to an attempted “aggravated robbery” and was placed on probation.  18 years later (at the age of 36) he had been living an exemplary life and was having trouble with securing employment.  We were able to have his judgment of guilt set aside and his civil rights restored.

 

 

January 28, 2014
Posted on Author By dmcantor Categories 100F False Reporting Victories, 116 Drug Crime Pre-Charge Victories, 118 Miscellaneous Crime Pre-Charge Victories, 2000 Juvenile Court Victories, 600 Drug Crimes Victories, 800 Miscellaneous Crime Victories, 82C Possession/Paraphernalia Pre-Charge Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. J (DMC No. 6784)

 NOT CHARGED | POSSESSION of MARIJUANA/POSSESSION of DRUG PARAPHERNALIA and FALSE REPORTING NOT CHARGED – State v. Ms. J.  (DMC No. 6784) (Maricopa County Juvenile Court O6-000010776): Ms. J. was with her friend at a AM/PM, when an officer made contact with them.  Her and her friend appeared to have been drinking, and both stated they were 16 years of age.  In reality, they were 14 years old and had been drinking and smoking marijuana.  We were able to intercept the case at the juvenile court level, and have the case diverted from prosecution pursuant to diversion classes.  No charges were ever brought against Ms. J.

January 28, 2014
Posted on Author By dmcantor Categories 1400 Appeal/Post Conviction Relief/Habeas Corpus Victories, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. B (DMC No. 5214)

CONVICTION REVERSED | EXTREME DUI (.190 BAC) – State v. Ms. B. (DMC No. 5214) (Maricopa County Superior Court LC 2000-000602): Ms. B. was involved in a single car accident which caused $27,000 worth of damage to her vehicle.  The officer subsequently put her through field sobriety tests, and upon her arrest she asked for an attorney.  During the trial, the Prosecutor asked questions designed to notify the jury that Ms. B. had invoked her right to counsel.  Ms. B. was ultimately convicted.  The case was appealed from the City of Phoenix to the Superior Court level, where the Lower Court of Appeals Judge reversed her conviction.  She was subsequently granted a new trial.

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