June 10, 2014

June 10, 2014 By dmcantor 100O Public Intoxication/Consumption of Alcohol Victories, 800 Miscellaneous Crime Victories, Case Victories, Scottsdale City Court Victories

State v. Ms. B. (DMC No. 10419)

DISMISSED | PUBLIC INTOXICATION DISMISSED DUE to UNCONSTITUTIONALITY of STATUTE – State v. Ms. B. (DMC No. 10419) (Scottsdale City Court SC-2011-005083): Ms. J was seen with her husband stumbling down the street in downtown Scottsdale. She was contacted by police, and they cited her for public intoxication. The Scottsdale City Ordinance she was cited under was 19-8. We argued that this ordinance was unconstitutional, and the State agreed – dismissing all charges. The Court of Appeals has since ruled in May of 2014 that Scottsdale’s City Ordinance is, in fact, unconstitutional.

May 7, 2014

May 7, 2014 By dmcantor 1300 Bench Trial Victories, 1300C Partial Bench Trial Acquittal, 16 Miscellaneous Vehicular Crimes Victories, 200 DUI / Vehicular Crime Victories, 2A Vehicular Crimes Bench Trial Victories, Case Victories, Scottsdale City Court Victories

State v. Ms. L (DMC No. 8780)

PARTIAL AQUITTAL at BENCH TRIAL | Failure to yield/serious injury accident – State v. Ms. L. (DMC No. 8780) (Scottsdale City Court TR2008-034898): Ms. L. has been out earlier and had drank one beer. When she was arriving home, she turned left into her apartment complex. A motorcycle traveling at a high rate of speed slammed into the side of her car and the passenger was tossed and seriously injured. Ms. L. was charged with Failure to Yield/Causing a Serious Injury Accident and Speeding. At trial we were able to obtain a Not Guilty verdict on the most serious charge of Failing to Yield and Causing a Serious Injury Accident. She was only convicted of a civil Speeding ticket and given a small fine.

March 21, 2014

March 21, 2014 By dmcantor 1 DUI / Vehicular Crime Jury Trial Complete Acquittals, 1000 Complete Jury Trial Acquittals / All Criminal Charges, 200 DUI / Vehicular Crime Victories, 909 Scottsdale DUI Wins, Case Victories, Jury Trial Victories, Scottsdale City Court Victories

State v. Ms. L. (DMC No. 11882)

NOT GUILTY/COMPLETE ACQUITTAL at JURY TRIAL/DUI and DWI (.133 BAC) – March 21, 2014 – State v. Ms. L. (DMC No. 11882) (Scottsdale City Court TR2013-009192): Ms. L. was traveling on Scottsdale Road when officers noticed that she had an expired license plate. She was subsequently pulled over and a DUI investigation ensued. During the FST’s, it was indicated that she had no problem with the “one leg stand” and only had 4 of 6 cues on “horizontal gaze nystagmus” (HGN). Subsequently, blood was drawn and the officer inadvertently wrote “2:38 a.m.” instead of “12:38 a.m.” on the blood kit. He had to reopen the blood kit (breaking the seal), correct the time and then reseal the kit. During trial, the State’s Criminalist stated the there was no issues or anything unusual with the blood kit that he had tested. Our expert then got on the stand and pointed out that the kit had been opened after the original seal had been put in place. The jury deliberated over night and came back with a verdict of “not guilty” on all charges.

For more information on how our firm handles Scottsdale DUI cases, click the following link to schedule a free consultation.

March 3, 2014

March 3, 2014 By dmcantor 200 DUI / Vehicular Crime Victories, 7 Super Extreme DWI Dismissals, 909 Scottsdale DUI Wins, Case Victories, City Court Victories, Scottsdale City Court Victories

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

DISMISSED | SUPER EXTREME DUI (.234 BAC) (Scottsdale Municipal Court No. 20030137CR): The Scottsdale City Police received a 911 call claiming that Mr. C. had been driving erratically. He was subsequently stopped and provided a blood test, which revealed a .234 BAC which qualified him for an Extreme DUI. Mr. C. had asked for an attorney, and the officers did not let him call. We filed a Motion for Denial of Right to Counsel, which was granted by the Judge, and all charges were dismissed.

Click here to learn more about Super Extreme Dui in Arizona. If you would like to speak with a lawyer about your case, call (602) 307-0808 or send us an email through our confidential form.

February 24, 2014

February 24, 2014 By dmcantor 500 Assault / Violent Crime Victories, 51 Assault/Domestic Violence Dismissals, 57 Disorderly Conduct/Threats Dismissed, 57-59 Disorderly Conduct / Threats Victories, Case Victories, City Court Victories, Scottsdale City Court Victories

State v. Mr. H (DMC No.7286)

DISMISSED – Assault/Disorderly Conduct, State v. Mr. H. (DMC No.7286) (Scottsdale Municipal Court No. CR-2006030863): Mr. H. lived in a house with several college roommates. He had been out drinking with his roommates when they arrived back at their house and encountered another roommate who had been drinking. Mr. H. began wrestling and fighting with that roommate, and police were called. Because Mr. H. was roommates with the gentleman he fought with, he was charged with a Domestic Violence Assault. We were able to show that this simply an argument between roommates, and the alleged victim no longer sought to proceed with charges. The case was then dismissed on the day of trial.

February 19, 2014

February 19, 2014 By dmcantor 100F False Reporting Victories, 112 Other Vehicular Crimes Pre-Charge Victories, 12A Hit & Run Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories, City Court Victories, Scottsdale City Court Victories

State v. Mr. N (DMC No. 10405)

HIT and RUN NOT CHARGED/FALSE REPORTING REDUCED to SPEEDING TICKET – State v. Mr. N. (DMC No. 10405) (Scottsdale City Court TR2011-015309): Mr. N. was at a red light when he began backing up and bumped into another car. The lady in the other car yelled something at him, and then he left the scene. When police contacted Mr. N., he had broken English (because he was from India) and he stated he was not the operator of the car. When the eventual facts came out, we were able to convince the Detectives not to charge him with ‘Hit and Run”. However, he was charged with “False Reporting”. We were able to convince the Prosecutor to reduce that down to a simple “speeding” ticket (failure to control speed to avoid a collision), with a small fine. Mr. N. has no criminal conviction on his record.

February 19, 2014

February 19, 2014 By dmcantor 600 Drug Crimes Victories, 82A Possession/Paraphernalia Dismissals, Case Victories, City Court Victories, Scottsdale City Court Victories

State v. Mr. N (DMC No. 10293)

DISMISSED | POSSESSION of DRUG PARAPHERNALIA – State v. Mr. N. (DMC No. 10293) (Scottsdale City Court TR2011-014079): Mr. N. as stopped for a DUI, in which he provided a .100 blood alcohol sample. In addition, drug paraphernalia was found in his vehicle. We were able to successfully have the possession of drug paraphernalia charge dismissed in its entirety. In regards to the DUI, Mr. N. was allowed to enter in a telephonic plea and complete all requirements in Boston, Massachusetts.

February 13, 2014

February 13, 2014 By dmcantor 600 Drug Crimes Victories, 81 Drug Crime Dismissals, 82A Possession/Paraphernalia Dismissals, Case Victories, City Court Victories, Scottsdale City Court Victories

State v. Mr. M (DMC No. 10663)

DISMISSED | POSSESSION of DRUG PARAPHERNALIA DISMISSED – State v. Mr. M. (DMC No. 10663) (Scottsdale City Court CR2011-033113): Police received an anonymous call regarding a suspicious vehicle which was parked. When officers arrived, they went up to the vehicle and knocked on the window. He told them to open the door, and when they did, he saw a plastic baggy of marijuana on the drivers lap. Mr. M. was the passenger. We filed a Motion to Suppress all Evidence based upon a warrantless search, and a Miranda violation. Prior to the Evidentiary Hearing the State moved to dismiss all charges.

February 12, 2014

February 12, 2014 By dmcantor 500 Assault / Violent Crime Victories, 75 Orders of Protection / Injunction Against Harassment Victories, Case Victories, City Court Victories, Scottsdale City Court Victories

State v. Mr. B (DMC No. 4802)

VIOLATION of INJUNCTION AGAINST HARASSMENT DISMISSED- State v. Mr. B. (DMC No. 4802) (Scottsdale City Court CR2004-20751): Mr. B. had been having problems with his mother, who she had served him with an Order of Protection. He then left her a voice mail stating that he was “damn mad”. Police arrested and cited him for a violation of an Order of Protection, and just prior to Hearing we argued that the service of the Order of Protection was improper on Mr. B. The Prosecutor agreed to dismiss all charges if Mr. B. completed some classes per a “diversion” agreement.

February 11, 2014

February 11, 2014 By dmcantor 500 Assault / Violent Crime Victories, 52 Assault/Domestic Violence Reduced, Case Victories, City Court Victories, Scottsdale City Court Victories

State v. Mr. N (DMC No. 10141)

ASSAULT REDUCED to DISORDERLY CONDUCT with ZERO DAYS JAIL – State v. Mr. N. (DMC No. 10141) (Scottsdale City Court CR2011-018300): Mr. N. was having a heated argument with his wife in a parking lot, when somebody walked up and punched him. Mr. N. was knocked out and the police were called. Because witnesses had said that Mr. N. had grabbed his wife, he was charged with assault. We were able to show that he was actually the victim of somebody else’s assault, and all he was doing was engaged in a loud argument. The State agreed to reduce the assault charge down to a mere “disorderly conduct” with zero day’s jail.

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