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Category Archives: San Tan Justice Court Victories

NOT GUILTY/ COMPLETE ACQUITTAL at BENCH TRIAL| ATTEMPTED ACQUISITION of PRESCRIPTION DRUGS – State v. Ms. W (DMC No. 9176) (San Tan Justice Court JC2009-105189): Ms. W had taken medications for seizures. Medications included Tramadol, Alprazolam, Ambien, in addition to her anti-seizure medication. She had taken Ambien and had then gone to the pharmacy in order to refill her prescription. The pharmacist described her as acting like a “zombie”. When the Police were called out, they found that she was attempting to fill her prescriptions too early. They then cited her with Attempted Acquisition of Prescription Drugs Per Arizona Revised Statute ARS 13-3406(A)(6).

We set the case to Bench Trial, and presented evidence of numerous witnesses that it appeared that Ms. W was in fact sleep walking while under the influence of Ambien. One of the witnesses was a Registered Nurse who also was employed at one of the local hospitals. After all evidence was presented to the Judge, he found her Not Guilty of All Charges.

NOT RESPONSIBLE/ COMPLETE ACQUITTAL at BENCH TRIAL: SPEEDING – State v. Ms. C (DMC No. 9559) (San Tan Justice Court CT2010-254278): Ms. C was a school bus driver for the Higley School District. As she was transporting kids home, there was a vehicle illegally parked in front of a Fire Hydrant that was also sticking out in the roadway. Ms. C made a turn and apparently the back of her bus scrapped the other car. The incident was reported by one of the children on the bus, as Ms. C was unaware there had been an accident. At Bench Trial, we were able to show the Judge that the other vehicle was illegally parked near the school and had, in essence, placed itself in harm’s way. The Judge agreed and the charge of Failure to Control Speed to Avoid an Accident was Dismissed.

CONVICTION SET ASIDE | EXTREME DUI – State v. Mr. T. (DMC No. 10138) (San Tan Justice Court 0720-TR9909391): Mr. T. was a homeless man who found $3, 300 on the Light Rail in Tempe, Arizona. This money was located in a backpack, and nobody had seen him find the backpack. Instead of keeping the money, he turned it into the authorities where it was returned to a young college student. This story made national news and was featured in People Magazine, and Mr. T. was touted as “Hero Among Us”. When we found out about his story, we heard he was riding the Light Rail because his license was suspended from prior DUI’s, and this was preventing him from getting work. We helped secure the expungement of all his convictions, and we helped him reinstate his driver’s license. He is now employed and lives in his own apartment. All work performed on Mr. T.’s behalf was done free of charge by DM Cantor.

DISMISSED | SUPER EXTREME DUI (.271 BAC) DISMISSED – State v. Mr. K. (DMC No. 5746) (San Tan Justice Court TR05-56399CR): Mr. K. was stopped on the U.S. 60 by DPS, and he was subsequently arrested for DUI. His breath test revealed a .271 BAC, and he was charged with extreme DUI. The officer who stopped Mr. K. subsequently went to work with the U. S. Customs Office in Chicago, Illinois. He had been served with a deposition order and did not appear for his interview. A “Motion to Preclude” was filed, and the State was forced to dismiss all charges.

DISMISSED | EXTREME DUI (.173 BAC) – State v. Mr. M. (DMC No. 5146) (San Tan Justice Court TR04-50807CR): Mr. M. was stopped while travelling on the U.S. 60. The officer claimed that he drifted over the line one time. He was subsequently arrested for DUI and provided a breath test which produced a .173 BAC. At an Evidentiary Hearing regarding “no reasonable suspicion to stop”, the court granted the Motion, and all charges were dismissed.

DISMISSED | DWI (.158 BAC) (San Tan Justice Court No. TR2006-16338): Police received a potential burglary call in a neighborhood in the area of Guadalupe. Mr. S. was seen pulling out of a neighborhood, and was subsequently stopped. Police discovered he was not the burglary suspect but had an odor of alcohol, and they arrested him. He provided a .158 blood sample. We were able to file a Motion to Dismiss based on no reasonable suspicion to stop, which was granted and resulted in the entire case being dismissed.

DISMISSED | DUI (.139) – State v. Mr. S. (San Tan Justice Court No. TR-0651694CR): Mr. S. was seen pulled over on the U.S. 60 with his hazard lights on. When officers made contact they observed that his female passenger had vomited twice. They subsequently arrested Mr. S. for DUI and he provided a breath test of a .139 BAC. Due to the fact that the officer never saw Mr. S. actually driving, we filed a Motion to Dismiss for “lack of actual physical control.” Just prior to the Evidentiary Hearing, the State moved to dismiss all charges.

NOT GUILTY/COMPLETE ACQUITTAL at BENCH TRIAL | AUTO DEALER WITHOUT a LICENSE – State v. Mr. L. (DMC No. 10194) (San Tan Justice Court TR2010-159658): Mr. L. was accused of properly owning a wholesale car dealership, and then improperly transferring ownership of those vehicles to a company that was not a licensed auto dealer. That company would then sell vehicles on EBay, thereby bypassing the need to pay any sales tax. His wholesale license only allowed him to sell to other wholesaler’s without paying sales tax. We were able to prove to the Judge that the transfer of title from his wholesaler to his unlicensed dealer business was not a “sale” under the statute. The Judge found Mr. L. not guilty of all charges.

REDUCED | ENDANGERMENT/RECKLESS DRIVING REDUCED to “failure to obey a police officer” – State v. Ms. T. (DMC No. 4686) (San Tan Justice Court CR03-01052MI): Ms. T. was driving to pick up her children from a school function as it was getting dark, when she came upon an accident scene in which officers had set up cones and were stopping traffic.  She drove between the cones in order to go straight, and the officer stopped her.  As he was talking to her at the side of her car, she said she had to pick her kids up because “they could be in danger” and she took off.  The officer was almost knocked to the ground, and she finally stopped.  He asked her numerous times to exit the vehicle and she kept refusing numerous commands.   She was eventually pepper sprayed and dragged out of the vehicle.  Due to the fact that she had various mental issues, we were able to convince the prosecutor to dismiss the “endangerment” and “reckless driving” charges (which would have cost Ms. T. her driver’s license) in exchange for a “failure to obey a police officer” ticket with a fine only.

REDUCED | CRIMINAL SPEEDING – (DMC No. 9826) (San Tan Justice Court No. TR2010-154324): Mr. G. was a contractor who had a high level clearance with the Department of Defense, Navy and FBI. Police alleged he was travelling 92 MPH in a 65. Mr. G. could not have a criminal conviction on his record if he wished to keep his clearance in tack, so we were able to challenge the radar gun utilized in his stopped and negotiate a plea to a civil speeding with a $235 fine.

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