Phoenix DUI Lawyer Blog

Top Chandler DUI Lawyers Beat DUI Charges!

In order to make a Chandler Arizona DUI arrest, the burden of the Chandler police to have "probable cause" to make a DUI arrest. If a motion to dismiss for lack of "probable cause" to arrest is made, the court then considers all facts gathered by the officer before the arrest. What occurred after the arrest: the breath or blood test then is not relevant. If there was "no probable" for Chandler DUI arrest, the case may be dismissed. This would be accomplished by your Chandler DUI Attorney, filing the proper motion with the Chandler court on your behalf. This is just an example of a few defense strategies a good Chandler DUI Defense Attorney would use to defend your Chandler DUI, in an attempt to get your charges reduced or obtain a total dismissal of your Chandler DUI charges. These excerpts taken from "101 DUI Defense Strategies" Winning Arizona Defense Book 2010 ©:

POOR GROOMING
Did the police claim your grooming was poor?
On what basis was this opinion formulated? How does the police officer know what your typical grooming patterns or outward appearance is? What exactly did they document in the police report which constituted their opinion of "poor grooming"? If your clothing is crumpled or hair is disarray, the officer that stopped you for suspicion of DUI, would prefer to think that you must be driving drunk. Usually, they do not ask for an explanation for what in their opinion is "poor grooming". Perhaps you just finished working, helped a friend move, chased a lost pet down the street, spent a long day or night studying, playing basket ball, or struggling with something else in your life. There are hundreds of explanations for crumpled clothing, or disarray hair, which have nothing to do with impairment due to alcohol or drugs.

STAGGERING OR SWAYING
Did the police report that you were staggering or swaying at some point during the stop?
The officer will record anything and everything possible to stack the cards against you, to get a DUI conviction. You may at times be along side of a street or highway, with fast moving traffic. There may be gravel on road. You may be wearing high heels.
You could be recovering from a leg or foot injury which would cause a different stance or exit from vehicle. Or you many have another medical condition that causes this type of movement in your gate or walk typically. Or you are just simply nervous because of the ordeal. If you are reported to have struggled to get out of your vehicle, issues can be challenged related to restrictions in the vehicle such as a larger person exiting a smaller vehicle. Other mechanics of the vehicle could be restricting such as trying to get out of a seatbelt that has mechanical problems unlatching.

RATE YOURSELF
Did the police ask you to rate yourself?
The police routinely ask you to rate yourself from "0" to "10" that is "0" sober "10" extremely intoxicated. If the question was asked after you were arrested or were free from leaving, then your response may be suppressed as a violation of your right to remain silent. Do not allow self-incrimination. You have the constitutional right to remain silent. Use it!

FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED
Did the officer administer field sobriety testing in accordance with Federal Government guidelines?
According to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid evidence of intoxication. The NHTSA sets certain standards for the administration of tests that include: Walk and Turn, One Leg Stand, and the Horizontal Gaze Nystagmus test. The above tests are not to be used if the DUI suspect is elderly, obese, not healthy, injured or suffers another medical condition which would affect them adversely if the tests were done, or if the results of the test would be inaccurate due to the condition.

"If there was "no probable" for Chandler DUI arrest, the case may be dismissed."

These are just a few fundamental defense strategies your Chandler DUI Attorney may use to defend your case. There are countless defenses a good Chandler DUI Lawyer can use, based on your set of circumstances. Your chances of getting your DUI Dismissed, reduced to lesser charges (for example bringing a criminal DUI charge down to a civil traffic citation such as running a stop sign), or an other good outcome on your case increases drastically if you hire a private Chandler DUI Defense Attorney.

If you have been charged with any Chandler DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, internet crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499.