Criminal Attorney Earns a Verdict of Not Guilty of DUI and a Hung Verdict on the Charges of DWI

Criminal Attorney David Michael Cantor's office earned his client a verdict of not guilty of DUI and a hung verdict on the charges of DWI in the case of State v. Levitz (Scottsdale Municipal Court Case No: TR2009-024980). A Scottsdale City Court jury found that Levitz was not guilty of DUI (impaired to the slightest degree) and they hung on the issue of whether he had a blood alcohol content of .08 or higher (i.e., DWI).

According to a BAC test, Levitz blood alcohol content was a .120 but criminal attorney  David Michael Cantor's associate was able to provide concern of the fact that the test analyst for the City of Scottsdale used an alcohol based hand sanitizer prior to testing the blood sample. In addition, Cantor was able to show that the criminalist did not properly put on gloves prior to the testing.

"The test analyst did not properly follow the necessary procedures before conducting the blood alcohol content test and the field sobriety test showed that Levitz was not impaired," said criminal attorney David Michael Cantor. "We were able to provide this evidence to the jury and they returned successful verdicts for our client."

Criminal attorney David Michael Cantor's associate was able to provide evidence that the field sobriety test showed that Levitz was not impaired. Levitz had only four cues on the Horizontal Gaze Nystagmus Test (i.e., the Eye Test) which the National Highway Traffic Safety Administration states is indicative of being a .05 BAC. Because the scientific community will testify that all people are impaired at a BAC of .08, but below that level many people are not impaired, the jury found Levitz not guilty of DUI.

Due to the fact that Levitz was found not guilty of being impaired to the slightest degree, it is unlikely that the State will retry the charge of DWI because the not guilty verdict necessarily indicates that Levitz's BAC was not a .08 or higher.

About the Law Offices of David Michael Cantor

The Law Offices of David Michael 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.


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Defense Lawyer Earns a Hung Jury Verdict on Multiple Charges

"At first look, the State appeared to have a very strong case against our client," said defense lawyer David Michael Cantor. "After extensive examination and research, we were able to identify numerous flaws in the State's case and earn our client a hung verdict as well as a significantly reduced plea offer."

The state claimed that Shinn's blood alcohol content was a .187, however, defense lawyer David Michael Cantor's associate was able to provide evidence to the contrary. The defense lawyer was able to show that the field sobriety tests indicated that Shinn was not impaired, and he was able to show that the officer's eye test was not admissible.

Defense lawyer David Michael Cantor's associate was also able to provide evidence that the City of Scottsdale Police Department was using an old Gas Chromatograph machine that has been replaced by a more reliable machine. Also, the State did not present any maintenance or calibration records which would show that that the machine was working accurately and correctly.

The prosecution has now offered defense lawyer David Michael Cantor and his client a substantially reduced plea offer in order to prevent having to retry the case.


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