Phoenix, AZ. April 27, 2010 –DUI Arizona Lawyers from the Law Office of David Michael Cantor were able to get an entire DUI case dismissed due to lack of probable cause for arrest.
In the case of State v. Hoting (Moon Valley Justice Court Case No: TR2007178414) a judge at the Moon Valley Justice Court heard evidence regarding Hoting’s case involving a .155 breath alcohol content.
Hoting was pulled over by an officer and was not administered any field sobriety tests or a preliminary breath test before being arrested. Hoting was arrested based solely for the reasons that there was an odor of alcohol and because he refused additional field sobriety tests.
“You cannot merely arrest somebody because they smell of alcohol, and because they won’t comply with your every request,” said Phoenix DUI Arizona Lawyer David Michael Cantor.
The Moon Valley Justice Court Judge found that basing the arrest of an individual merely upon the odor of alcohol and refusal to participate in field sobriety tests was not proper. As a result of the fact that there was no additional evidence, such as slurred speech, unsteadiness on one’s feet or other indicators of actual impairment the judge dismissed the case.
DM Cantor enjoys an excellent reputation as DUI Arizona lawyers, and throughout the Legal Community because of their aggressiveness, integrity, honesty, and professionalism.
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