Click to call 602-307-0808 24/7 Click Here for Free Consultation

Press Releases

DUI Attorney Arizona Gets DUI Case Dismissed Due to a Miranda Rights Violation

According to court records, DUI Attorney Arizona David Michael Cantor’s office was able to convince a Globe Regional Justice Court judge to dismiss a DUI case due to the officer’s improper reading of the clients Miranda rights.

In the case of State v. Gaona (Globe Regional Justice Court Case No. TR2008002096) Gaona was arrested for an alleged DUI violation. Gaona’s original stop was due to his license plate light being burned out. He participated in only one field sobriety test, on which he performed well, and the officer administered an eye test, which he was not certified to administer. Gaona was arrested and was not told that he had the Constitutional right to speak to an attorney, which is standard in all Miranda rights readings.

At the hearing the officer never identified Gaona in court as the person who he had stopped. When the State was finished presenting their evidence, an associate of DUI Attorney Arizona David Michael Cantor made a Motion to Dismiss the case based on lack of identification and improper administration of Miranda rights. The judge agreed and the entire case was dismissed.

“This is why it is important to make sure that the prosecutors and the police officers check every single box when dealing with a defendant’s rights,” said Arizona DUI Attorney David Cantor. “In this case they failed to do so and as a result we were able to get Mr. Gaona’s case dismissed.”

DM Cantor enjoy an excellent reputation as DUI Attorneys in Arizona, and throughout the Legal Community because of their aggressiveness, integrity, honesty, and professionalism. For more information about DM Cantor visit DUI Attorney Arizona.

About DM Cantor

DM Cantor feature criminal defense attorneys in Arizona who are ready to represent you. As Arizona’s premier defense lawyer, David Michael Cantor defends DUI/ DWI cases, vehicular crimes, homicide, drug and sex offenses, white collar and property crimes. David Michael Cantor is AV Rated – the highest rating possible – and was voted a Top 100 trial lawyer. David Michael Cantor has been interviewed and has appeared on Inside Edition, the CBS Morning Show, Good Morning America, CNN Prime News, Hannitty and Combs, and every local news channel including Univision. In addition, his cases have been covered by CNN, MSNBC, and even Howard Stern.


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.


DWI Lawyers Get Blood Test Suppressed Due to The Coercive Tactics of the Police Officer

Phoenix, AZ. April 27, 2010DWI Lawyers from the DM Cantor were able to get a blood test suppressed in a case involving a DUI with a prior due to the coercive tactics of the arresting officer.

In the case of State v. Creek (City of Phoenix Court Case No. 3884018) a City of Phoenix judge suppressed the readings of a .136 blood test in a DUI case due to the coercive nature of obtaining the blood. The case was ultimately Dismissed at Jury Trial.

In the Creek case the defendant was from Texas and was told that he would be booked into jail overnight unless he completely complied with the blood draw, all questions and field sobriety tests. While in the DUI van with two police officers, the defendant stated “I don’t’ want to be any trouble, but I should speak with a lawyer.” The officers gave Creek the “evil eye” and looked at each other. Creek then stated “Never mind, I’ll do what you want.” After the blood was drawn and he answered questions Creed was allowed to take a taxi back to his hotel.

The judge found that the officers clearly infringed on Creek’s 5th Amendment Constitutional right to speak to counsel before answering questions or agreeing to provide a blood sample. Due to the fact that this was a DUI with a prior conviction, Creek was facing a minimum of 120 days in jail, but because of the officers’ improper actions he received zero days in jail and no second conviction.

“The police cannot threaten you with incarceration in order to get you to answer questions and provide blood samples” said Phoenix DWI Lawyer David Michael Cantor. “ Creek’s Constitutional rights were not awarded to him and as a result his case was dismissed.”

DM Cantor enjoys an excellent reputation as DWI lawyers in Phoenix, and throughout the Legal Community because of their aggressiveness, integrity, honesty, and professionalism. For more information about the attorneys at DM Cantor, click on the About Us menu tab.


Criminal Attorney to Speak at the National Child Abuse Defense and Resource Center Conference

Phoenix, AZ. April 27, 2010Criminal attorney David Michael Cantor will be speaking at the bi-annual National Child Abuse Defense and Resource Center Conference in Las Vegas.

The National Child Abuse Defense and Resource Center will be hosting their bi-annual international conference August 26 through August 28, 2010. The international conference will focus on defending false allegations of child abuse and child homicide.

“I am very excited to be speaking at this years’ international seminar,” said Criminal attorney David Michael Cantor. “I am also grateful to be given the opportunity to pass along defense techniques designed to counteract the unethical actions of some unscrupulous prosecutors.”

The conference is designed for criminal defense lawyers, public defenders, legal aid and family court lawyers, private investigators, and other concerned professionals dealing with cases involving allegations of child abuse.

Arizona child assault defense attorney Cantor will be speaking on the topic of ethical violations committed by prosecutors at the Grand Jury phase of their prosecutions. In addition to Cantor, a number of medical professionals as well as two lawyers will be speaking at this years’ seminar including renowned defense attorney Barry Scheck who is most well known as a member of O.J. Simpson’s Defense Dream Team.

DM Cantor continues to maintain an excellent reputation as criminal attorneys in Arizona, and throughout the Legal Community because of their aggressiveness, integrity, honesty, and professionalism.


DUI Arizona Lawyers Gets DUI Case Dismissed Due to Lack of Probable Cause For Arrest

Phoenix, AZ. April 27, 2010DUI 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.


DUI Lawyers in AZ Earn Not Guilty Verdict in Reckless Driving Case

Phoenix, AZ. April 27, 2010DUI Lawyers in AZ from DM Cantor obtained a verdict of not guilty in the case of State v. Stokes, (City of Scottsdale Court Case No. TR2008028574) a reckless driving case.

In Stokes case, the defendant was leaving a school parking lot in which a security guard was directing traffic. As the guard was directing traffic, he stepped in front of Stokes’ vehicle as was bumped by the defendant’s car which was traveling a mere 3 mph. As a result the security guard contacted the police, and due to the fact that Stokes had multiple prior driving violations on his record the officer decided to file a criminal charge.

At trial the judge properly found that there was no heightened risk of substantial physical injury or death as required by statute as a result the judge found that the police had overreacted and that Stokes was not guilty of reckless driving.

“The judge could see that the only reason Stokes was cited for reckless driving was due to his prior traffic violations, and not due to the facts of what occurred in the parking lot,” said DUI Lawyer in AZ David Michael Cantor.

DM Cantor enjoys an excellent reputation as DUI lawyers in AZ, and throughout the Legal Community because of their aggressiveness, integrity, honesty, and professionalism.


Theft Attorney David Michael Cantor’s Office Earns Sentence of Probation for Client Facing Over 200 Years in Prison

Scottsdale, AZ. April 21, 2010Theft Crimes Attorney David Michael Cantor’s Office was able to earn a sentence of simple probation for a client who was facing ten Felony charges of Fraudulent Schemes, Theft and Embezzlement and a maximum penalty of over 200 years in prison.

Theft Attorney Cantor’s associate was representing Ms. Cohen, a bookkeeper for a sanitation company that was accused of embezzling $84,000, in the case of the State of Arizona v. Cohen.

After Cohen contacted DM Cantor, it was discovered that Cohen had been indicted and a warrant had been issued for her arrest. Theft Attorney Cantor’s associate was able to get Cohen released on her own recognizance after a few hours at the courthouse.

“At DM Cantor, our ultimate goal is provide our client with the best criminal defense possible,” said Theft Attorney David Michael Cantor. “In the case of Ms. Cohen, we were able to keep a defendant, who was facing over 200 years in prison, from serving any jail time and earned her a reasonable restitution settlement.”

The case was ultimately resolved with Cohen sentenced to probation, no actual jail time and restitution to the sanitation company involving monthly payments of $300 per month.


Fraud Lawyer Gets 61 Felony Charges Reduced to One Felony Charge

Scottsdale, AZ. April 21, 2010 – Fraud Lawyer David Michael Cantor’s Office was able to get 61 felony charges, ranging from Fraud Schemes to Participation in a Criminal Syndicate, reduced to a plea of a simple charge of Class 6 Undesignated Felony of Possession of a Forgery Device.

Fraud Lawyer Cantor’s associate was representing Ms. Dye, who was employed at a tax return preparation business which her step father owned, in the case of the State of Arizona v. Dye. Dye had been directed by her stepfather to prepare numerous tax returns and to sign the documents with his name and a social security number that did not belong to either her or her stepfather. This resulted in over $1,000,000 of tax losses to the State and Federal Government. Dye was ultimately charged with 61 felony counts and was potentially exposed to over 200 years in prison.

“DM Cantor worked hard to provide evidence to the Assistant Attorney General that Ms. Dye was unwittingly dragged into this scheme,” said Fraud Lawyer David Michael Cantor. “As a result our office was able to get 61 felony charges reduced to just one and we were able to keep Ms. Dye from being sentenced to any jail time.”

Fraud Lawyer Cantor’s associate presented evidence to the Arizona Assistant Attorney General that Dye was unwittingly pulled into the scheme, and ultimately resolved the case with a plea of a Class 6 Undesignated Felony of Possession of a Forgery Device. Dye received six months of supervised probation, with the charge being designated as a Misdemeanor upon completion of probation, and was able to avoid serving any jail time.


Click to Watch Important Questions to Ask when Hiring a Lawyer

Request a Free Consultation

Fill out the form below to recieve a free and confidential intial consultation.


Arizona Defense Law Firm Associations and Awards
DM Cantor

Call 24/7 602-307-0808

40 N Central Ave, Ste 2300
Phoenix, AZ 85004
Click here for Directions

For Family Law questions please go to Cantor Law Group.
[contact-form-7 id="8868" title="Exit Intent"]