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DUI Phoenix Attorney Earns Not Guilty Verdict and Hung Jury in .104 Blood Alcohol Content DUI Case

DUI Phoenix Attorney from DM Cantor was able to earn his defendant a not guilty verdict and a hung jury in a .104 blood alcohol content Driving Under the Influence case.

According to court documents, in the case of State v. Rockford (Scottsdale City Court Case No. TR2009034700) the defendant was pulled over for a minor traffic violation and accused of driving under the influence of a blood alcohol content of .104, which is above Arizona’s legal limit of .08.

An Associate Phoenix DUI Attorney from DM Cantor was able to demonstrate that the rookie officer had committed the cardinal sin in report writing; he utilized the “cut and paste” technique. Which means that the officer took prior police reports and simply attempted to insert Mr. Rockford’s name in place of a previous defendant.

The problem was the officer referred to Rockford as a female several times throughout the report. In addition, he called him by two different first names that were completely dissimilar. This rookie officer initially denied utilizing the “cut and paste” technique, and then later had to admit that he had done so. In addition, he made numerous mistakes on administering the field sobriety tests, and had large memory gaps regarding whether they actually had taken place on the night of Rockford’s arrest.

“When an officer uses the cut and paste technique, and is not completely honest with juries, this can result in a Not Guilty and Hung verdicts,” said DUI Phoenix Attorney David Michael Cantor.

As a result of the April 23, 2010 Not Guilty verdict on the driving under the influence charge, the City of Scottsdale’s Prosecutor’s office decided not to retry the BAC above .08 charge. Instead, they offered a plea to a minor traffic infraction.

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