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January 10, 2014
Posted on Author By dmcantor Categories 300 Sex Crime Victories, 33-35 Public Sexual Indecency Victories, 34 Public Sexual Indecency Reduced, Case Victories, City Court Victories, Phoenix City Court / Phoenix Municipal Court Victories

State v. Mr. D (DMC No. 10169)

REDUCED | PUBLIC SEXUAL INDECENCY REDUCED to disturbing the peace with zero days jail– State v. Mr. D. (DMC No. 10169) (Phoenix City Court 2001-9002978):  Phoenix Police Detectives were conducting an undercover operation at the Dreamy Draw Park where gay men often went to engage in sexual activity.  The undercover officer made contact with Mr. D. and began to “flirt” with him.  Mr. D. eventually reached over and touched the officers crotch over his jeans, and was immediately arrested for public sexual indecency.  Due to entrapment defenses, along with the fact that no “reasonable” person would be offended in the same circumstance (i.e. two apparently gay men flirting in secluded area), we convinced the Prosecutor to reduce the charge to a simple “disturbing the peace” with a small fine.

January 10, 2014
Posted on Author By dmcantor Categories 16J Driving on a Suspended License Victories, 200 DUI / Vehicular Crime Victories, Case Victories, City Court Victories, Phoenix City Court / Phoenix Municipal Court Victories

State v. Mr. H (DMC No. 4763)

DISMISSED | DRIVING WHILE LICENSE SUSPENDED – State v. Mr. H. (DMC No. 4763) (Phoenix City Court 3153723): Mr. H. was stopped for an unknown reason. He was informed that his license was suspended for an unpaid out of State ticket, for which he had no knowledge.  After we went to court, we showed that he had since gotten his car registered and had current Arizona insurance.  The State agreed to dismiss the “driving while license suspended” charge, which would have caused an additional driving suspension to go on Mr. H.’s record.

January 10, 2014
Posted on Author By dmcantor Categories 12 Hit and Run Reduced, 200 DUI / Vehicular Crime Victories, Case Victories, City Court Victories, Phoenix City Court / Phoenix Municipal Court Victories

State v. Mr. G. (DMC No. 9881)

REDUCED| HIT AND RUN REDUCED to a “failure to yield” ticket – State v. Mr. G. (DMC No. 9881) (Phoenix City Court 4293650): Police were called to the scene of an unattended vehicle accident in the morning.  Mr. G.’s vehicle was found wrecked into another vehicle.  Nobody was present.  Upon contacting Mr. G., he admitted that he drove the vehicle the night before.  Due to the fact that we filed a “Corpus Delicti” Motion, which would preclude Mr. G.’s statement from being admitted into evidence and the fact that a key witness failed to appear for a deposition, we were able to have the hit and run dismissed in exchange for a failure to yield ticket and a small fine.

January 9, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, 908 Phoenix DUI Wins, Case Victories, City Court Victories, Phoenix City Court / Phoenix Municipal Court Victories

State V. Mr. S. (DMC No. 9809)

DISMISSED | DUI (.090) (DMC No. 9809) (Phoenix City Court No. 4235013): Mr. S. was pulled over for allegedly making a left hand turn at the State Route 51 on ramp against a red arrow. At first Mr. S. denied drinking then he did admit he had a screwdriver and a glass of wine. His preliminary breath test came back at .090 breath alcohol concentration. After doing a field sobriety test, he was arrested for DUI. Due to the questionable stop, and the fact that Mr. S.’s blood came back below the .080 legal limit, we were able to have the criminal charges dismissed. We were also able to negotiate traffic school in order to eliminate the red arrow ticket that the officer had initially given to Mr. S.

January 8, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 3 DUI Dismissals, 908 Phoenix DUI Wins, Case Victories, City Court Victories, Phoenix City Court / Phoenix Municipal Court Victories

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

DISMISSED | DUI (.088 BAC) (Phoenix Municipal Court No. 2805703CR): Mr. N. was pulled over by Phoenix Police for allegedly squealing his tires. A DUI investigation ensued and he submitted a .088 breath test. Initially, the City of Phoenix Prosecutor’s Office would not dismiss the charges or cut any lesser plea agreements. On the day of trial, the prosecutor realized how weak his case was and saw that we were fully prepared, and he then dismissed all charges.

October 20, 2013
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300A Complete Bench Trial Acquittal / All Criminal Charges, 15A Vehicular Homicide Victories, 200 DUI / Vehicular Crime Victories, 2A Vehicular Crimes Bench Trial Victories, 500 Assault / Violent Crime Victories, 79G Manslaughter Victories, Case Victories, Phoenix City Court / Phoenix Municipal Court Victories

State v. Ms. K (DMC No. 11498)

Not Guilty / Complete Acquittal at Bench Trial – Vehicular Homicide / Misdemeanor Manslaughter – State v. Ms. K (Oct. 20, 2013) (DMC No. 11498) (Phoenix City Court – 4636123):  Ms. K was traveling with a friend in her vehicle when she was headed south bound on 59thAvenue.  She began making a left hand turn when a motorcycle zoomed up on the left hand lane headed north bound, and had struck the back quarter panel of her vehicle. The motorcyclist died on the scene. Ms. K was then investigated and charged with Vehicular Homicide/Misdemeanor Manslaughter per Arizona Revised Statute ARS 28-672 (A4).  We became involved in the case, and we interviewed the numerous Officers and civilian witnesses who were involved.

The key witness was a driver of a construction truck who was headed north bound in the middle lane.  He had dark tinted windows and a large vehicle.  He stated that the victim was on his motorcycle following him at approximately 45 miles per hour.  He stated that just prior to the intersection where the collision occurred, the motorcycle snapped into the left lane, and “opened it up” to 70 miles per hour.  This was occurring right as Ms. K was making her left hand turn.

At Bench Trial, we introduced evidence that Ms. K’s view was blocked by the truck.  This was confirmed by the truck driver.  In addition, we were able to show that the victim in the case was driving recklessly on his motorcycle, and he was a major causation of the accident. The Judge agreed and Acquitted Ms. K on all criminal charges.

October 8, 2013
Posted on Author By dmcantor Categories 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.

August 10, 2013
Posted on Author By dmcantor Categories 300 Sex Crime Victories, 33-35 Public Sexual Indecency Victories, 34 Public Sexual Indecency Reduced, Case Victories, City Court Victories, Phoenix City Court / Phoenix Municipal Court Victories

State v. Mr. M (DMC No. 4712)

REDUCED | PUBLIC SEXUAL INDECENCY REDUCED to “disturbing the peace” with zero days in jail – State v. Mr. M.  (DMC No. 4712) (Phoenix City Court 3110269): Phoenix Police were conducting an undercover operation inside adult bookstores when they made contact with Mr. M.  They began flirting and went into a video booth together.  Mr. M. began rubbing his crotch on the outside of his clothes, and asked officer asked if he would “like to watch”.  The officer said yes, and then arrested him.  Due to possible entrapment defenses, and the fact that no “reasonable” person would be offended in these same circumstances, we had the case reduced to a simple “disturbing the peace” ticket with a small fine.

January 28, 2012
Posted on Author By dmcantor Categories 1500 Expungement Victories, 16l DUI Expungement Victories, 200 DUI / Vehicular Crime Victories, 908 Phoenix DUI Wins, Case Victories, City Court Victories, Phoenix City Court / Phoenix Municipal Court Victories

State v. Mr. H (DMC No. 10874)

CONVICTION SET ASIDE | DUI – State v. Mr. H. (DMC No. 10874) (Phoenix City Court 3703449): Mr. H. had been convicted of a DUI and had completed all of his sentencing requirements.  Roughly 4 years later, he was being considered for promotion at the bank he worked at.  In order to receive the promotion, he needed the conviction set aside.  We were able to petition the court and have the judgment of guilt set aside and all complaints against him dismissed.  He was able to get his promotion.

January 17, 2012
Posted on Author By dmcantor Categories 11 Hit and Run Dismissals, 200 DUI / Vehicular Crime Victories, Case Victories, City Court Victories, Phoenix City Court / Phoenix Municipal Court Victories

State v. Mr. G (DMC No. 9881)

DISMISSED | Hit and Run, State v. Mr. G. (DMC No. 9881) (Phoenix City Court No. 4293650): Police received a call that an individual had found a vehicle that he thought was involved in an accident the night before at 35th Ave and Julie Dr., Phoenix. The officer’s found the vehicle and photographed some damage. They then contacted Mr. G, and he admitted to the actual accident. We were able to file a Motion to Suppress all Statements based upon Corpus Delicti. Without the actual statements and an eye witness identification, the State was unable to make their case and they were forced to dismiss all charges.

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