State v. Mr. H (DMC No. 8565)

3rd OFFENSE FELONY FLIGHT (while on probation) REDUCED to MISDEMEANOR RECKLESS DRIVING with 4 MONTHS in JAIL – State v. Mr. H (DMC No. 8565) (Gila County Superior Court CR2008-568): Mr. H had 2 prior Felony convictions and was on probation at the time of this offense. An officer attempted to make a traffic stop for a minor traffic infraction when Mr. H drove away at a high rate of speed. He eventually jumped out of his vehicle and ran away on foot before being arrested. Because Mr. H had 1 allegeable prior, and was on Felony Probation, he was facing up to 3.75 years in prison. We were able to show the Prosecutor that Mr. H had recently been enrolled in school and was attempting to improve his life. We also presented other Mitigating Evidence to the Judge. This allowed us to secure a plea to a Misdemeanor with 4 months in jail with “Work Release” that allowed Mr. H to attend school and work during the day. His jail was served at night.

June 8, 2015

June 8, 2015 By dmcantor 1100 Partial Jury Trial Acquittals, 16E Unlawful Flight from Police Victories, 2 DUI / Vehicular Crime Jury Trial Partial Acquittals, 200 DUI / Vehicular Crime Victories, Case Victories, Jury Trial Victories, Maricopa County Superior Court Victories

State v Mr. S (DMC No. 12936)

Not Guilty / Partial Acquittal at Jury Trial – Felony Unlawful Flight from Police Only – State v Mr. S (Jun. 8, 2015) (DMC No. 12936) (Maricopa County Superior Court CR2014-128888): Mr. S had been out drinking one night, and then had gone through a drive-thru of a local fast food restaurant. While he was at the drive-thru, he was violently assaulted by another individual who had walked up to his vehicle. He suffered extensive bruising and lacerations on his face. He immediately took off out of the drive-thru, and was pursued by his attacker.

An Officer saw him driving very fast and pulled out onto the street to begin pursuing Mr. S. His attacker then pulled off the roadway and made a right hand turn. The Officer continued following Mr. S and he eventually pulled him over. Mr. S did not see the Police vehicle behind him because he had large speakers, which blocked his rear view out his back window. He was ultimately charged with Misdemeanor DUI and Felony Unlawful Flight from the Police per Arizona Revised Statute ARS 28-622.01. At Jury Trial, we presented all of the relevant facts involved, along with photographs of Mr. S’s injuries. The jury found Mr. S Not Guilty of the more serious Felony charge. Although he was potentially facing up to 2 years in prison, he has no felony record thanks to his Acquittal.

May 29, 2014

May 29, 2014 By dmcantor 16E Unlawful Flight from Police Victories, 200 DUI / Vehicular Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. D (DMC No. 6036)

REDUCED | UNLAWFUL FLIGHT REDUCED to ENDANGERMENT class 6 open/misdemeanor with PROBATION and ZERO DAYS in JAIL – State v. Mr. D. (DMC No. 6036) (Maricopa County Superior Court CR2005-139410): Police were called with a 911 tip in order to find a suspected drunk driver. When they saw Mr. D., they used a loud speaker and flashed a spotlight. They eventually laid out “stop sticks”, and Mr. D. drove around them. When he was ultimately arrested, he stated that he did not see the officers. Although he was originally charged with Unlawful Flight (“felony flight”), we had the case reduced to a simple “endangerment” with probation and zero days in jail. It was ultimately converted to a simple misdemeanor, and Mr. D. has no felony on his record.

April 28, 2014

April 28, 2014 By dmcantor 16E Unlawful Flight from Police Victories, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. J (DMC No. 11049)

UNLAWFUL FLIGHT (8 mile car chase at 100 mph) REDUCED to ENDANGERMENT with PROBATION and ZERO DAYS in JAIL – State v. Mr. J. (DMC No. 11049) (Maricopa County Superior Court CR2012-128671): Mr. J. and his friend had been drinking and were at a strip club celebrating his return to town. Many of the patrons began to complain that Mr. J. and his friend were “monopolizing” the dancers. They were eventually asked to leave, and they left and got in Mr. J.’s car. Prior to closing the door somebody pointed a weapon at them in order to demand money. Mr. J. then floored it and took off from out of the parking lot. Approximately 200 yards later, a large SUV got in behind Mr. J. and began chasing him. He did not realize it was a police car, until he pulled into his hotel approximately 8 miles later. He was traveling at over 100 mph at certain times. We were able to convince the Prosecutor that he was not knowingly fleeing police, and they agreed to reduce the charge to Simple Endangerment with a probation sentence and zero days in jail.

February 19, 2014

February 19, 2014 By dmcantor 100J Obstruction/Hindering Operation Victories, 100L Public Nuisance Victories, 16E Unlawful Flight from Police Victories, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 800 Miscellaneous Crime Victories, Case Victories, Pinal County Superior Court Victories

State v. Mr. C. (DMC No. 4772)

DISMISSED | HINDERING PROSECUTION/FACILITATION of UNLAWFUL FLIGHT and PUBLIC NUISANCE ALL DISMISSED – State v. Mr. C. (DMC No. 4772) (Pinal County Superior Court Booking No. 49889): Mr. C. had been drinking with a friend on the Indian Reservation, when they got into the friend’s vehicle. The friend ended up backing into a police car and getting into a high speed chase. Both were arrested and Mr. C. was charged with “Hindering Prosecution”, being an “Accomplice/Facilitating Unlawful Flight” and “Public Nuisance”. We were able to speak with the charging Prosecutor, and he agreed to decline charges on Mr. C. because he was merely a passenger. The driver was not so lucky.

January 10, 2014

January 10, 2014 By dmcantor 16E Unlawful Flight from Police Victories, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. K (DMC No.)

REDUCED | FELONY FLIGHT REDUCED to endangerment with zero days in jail – State v. Mr. K. (DMC No.) (Maricopa County Superior Court): Mr. K. was travelling on the freeway when officer’s got in behind him and attempted to pull him over. He then exited the freeway and kept travelling into an intersection before he was stopped by other officer’s. Mr. K. thought that the vehicle that was following him was an ambulance (it was actually a “Tahoe” police vehicle). Mr. K. was originally facing up to 2.5 years in prison on this class 5 felony, when we were able to get it reduced to an ENDANGERMENT “open” charge with probation and zero days jail. At the conclusion of probation, the case was designated a misdemeanor, and Mr. K. has no felony on his record.

January 10, 2014

January 10, 2014 By dmcantor 16E Unlawful Flight from Police Victories, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. L. (DMC No. 4493)

REDUCED | UNLAWFUL FLIGHT REDUCED to endangerment/misdemeanor DUI with 1 day jail – State v. Mr. L. (DMC No. 4493) (Maricopa County Superior Court CR2004-039118): Mr. L. was pulled over for having a headlight out. When the officer asked Mr. L. to step out of the vehicle, he sped off quickly. He was subsequently stopped and found to have marijuana on his possession. He was processed for DUI, and his urine came back with THC (a marijuana metabolite). He was subsequently cited for FELONY FLIGHT, POSSESSION of MARIJUANA, and DUI. We were able to convince the prosecutor to reduce the felony flight to an endangerment “open”, and dismiss the POSSESSION of MARIJUANA charge. He was sentenced to 1 actual day of jail for the DUI, and probation on the felony flight. When completed probation, that charge became a misdemeanor, and he has no felony on his record.

June 11, 2008

June 11, 2008 By dmcantor 1000 Complete Jury Trial Acquittals / All Criminal Charges, 16E Unlawful Flight from Police Victories, 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, Case Victories, Jury Trial Victories, Maricopa County Superior Court Victories

State v. Mr. R (DMC No. 8065)

Mr. R had a high performance sports motorcycle which had an exhaust system that was louder than a normal sports bike. He was also wearing headphones with ear plugs in and listening to music as he was traveling through Chandler on the 202 San Tan freeway near Cooper Road. An off-duty Phoenix Police Officer observed Mr. R. revving his engine and traveling at a high rate of speed. He estimated he was going 50 miles per hour. As the Officer followed him off of the freeway onto side streets, he activated his lights and sirens and claimed that Mr. R did not slow down.

As they came up to a construction area and both slowed to 5 miles per hour, the Officer pulled up alongside Mr. R and punched him in his shoulder and told him to pull over. Mr. R nodded and proceeded to try and clear the construction zone when the Officer kicked his motorcycle over and rammed it to Mr. R. He then jumped on top of Mr. R. and immediately placed him under arrest for Felony Unlawful Flight from a Police Officer per Arizona Revised Statute ARS 28-622.01

At Trial we were able to show that due to Mr. R’s loud exhaust, helmet and having ear buds in and playing loud music, he could not hear the Officer behind him. He was completely unaware of the Officer until the Officer pulled up and punched him in his shoulder. The Police Officer may have assumed he was fleeing, but there was no actual awareness that he was being pulled over before he was punched and tackled. The Jury agreed, and Mr. R. was found Not Guilty of all charges.

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