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DUI Lawyers Get Case Dismissed Due to Officer’s Lack of Memory

Phoenix, AZ. April 27, 2010DUI Lawyers from DM Cantor were able to get an Extreme DUI case dismissed due to the fact that the charging officer was unable to remember details that were pertinent to the case.

In the case of State v. Buford (San Marcos Justice Court No: TR 2008118094) the Justice of the Peace at the San Marcos Justice Court suppressed all evidence after the officer’s traffic stop due to his faulty memory, which resulted in a dismissal of all charges against Buford.

Buford was stopped for an alleged traffic infraction and was ultimately cited for an Extreme DUI after he provided a .154 breath test. Buford claimed that he had made no such driving errors, and he was stopped as a result of a “pretext stop”. In other words, the police were merely pulling people over at two in the morning who were leaving bars in order to check them for DUI on a “hunch.”

“The officer was honest and testified he could not recall any of the specifics of Mr. Buford’s driving,” said Arizona DUI lawyer David Michael Cantor. “Due to this fact, we were able to get all evidence suppressed and the case ultimately dismissed”.

During the hearing, the officer stated that he had no specific recollection of any of Buford’s driving behaviors. DUI Lawyers from DM Cantor argued that Buford’s specific recollection versus the officer’s lack of recollection required Buford’s testimony to be automatically taken as fact under the case precedent of State v. McFall. The judge agreed and suppressed all evidence garnered after the original stop as a result the State chose not to appeal and dismissed all remaining charges against Buford.

DM Cantor diligently works towards an excellent reputation as DUI lawyers in Arizona, and throughout the Legal Community because of their aggressiveness, integrity, honesty, and professionalism. For more information about DM Cantor visit https://dmcantor.com.

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