AZ DUI Attorney can help you beat your Arizona DUI!
Arizona has some the toughest DUI laws in the United States. If you have been charged with a DUI in Arizona, you should consult an AZ DUI Defense Attorney as soon as possible. Choose a private AZ DUI Lawyer, whose AZ Law Firm is devoted to providing AZ legal representation exclusively for AZ Criminal and DUI Defense cases. An experienced Arizona DUI attorney will be extremely familiar with the ever changing AZ DUI laws, AZ Courts and protocol, AZ Judges, AZ Prosecution, and most importantly AZ DUI Defenses can be used to defend your Arizona DUI Charges. A DUI charge in Arizona can be fought and dismissed, with the right AZ defense attorney representing you. Your chances of getting a case dismissed, charges reduced, evidence suppressed or any favorable resolution, and are drastically increase when you hire a good AZ DUI Lawyer.
Below are brief examples of defenses taken from "101 DUI Defense Strategies" © Winning Arizona DUI Defense Strategies Book. This will give you a flavor of just a few defense strategies a good AZ DUI defense Attorney might use to defend you as :
ILLEGAL STOP: "NO REASONABLE SUSPICION OF TRAFFIC OFFENSE"
The United States Supreme Court has held that an officer must have reasonable suspicion of a criminal or traffic offense to stop a vehicle. If the officer did not have a reasonable suspicion, then the remedy can call for a dismissal of the DUI charges. An officer cannot legally stop a driver unless they can substantiate a specific and just cause to believe there has been a traffic infraction or other violation of law. Weaving within one's own traffic lane for a short distance or making a wide turn should not justify a hunch that the driver is driving intoxicated. These types of actions are seen commonly
in unimpaired drivers.
NO PROBABLE CAUSE TO MAKE THE ARREST
The burden on the Arizona police is greater to arrest you than it is to make the initial stop. The standard for an officer to stop a vehicle, the officer must have merely a "reasonable suspicion" of DUI. But to make an arrest, the level rises to a higher standard, which is that "probable cause" to 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. Based on the facts, the case may be dismissed.
INCOMPLETE STOP BY DRIVER
In this scenario, the officer claimed that you did not come to a complete stop for a traffic signal. This alone should not be attributed to a sign of intoxication. Thousands of times a day drivers do not make a full and complete stop, intentionally or unintentionally. Also, if you have a passenger and there is a traffic video camera in the area that could oppose whom was claimed to have been seen in the picture or video.
WEAVING WITHIN THE LANE
A motion may be filed to challenge the stop if it was based on a single observation of weaving within a lane as opposed to a significant or erratic amount of weaving within your lane to justify a stop. Does the swaying of a vehicle, especially larger vehicles such SUVs, travel trailers, trucks, buses, and the like, on the road, moving a matter of inches in the lane are a reason to stop? Were there any strong wind factors? Were you avoiding an accident because another car was infringing on your lane? Weaving once without crossing any divider lane lines is not a violation of the law. Therefore, a vehicle cannot be stopped for that reason. If there are no other infractions or reasons to stop the vehicle then the stop should be held illegal
SPEEDING ALLEGATIONS -NO PROOF - OR NOT RELATED TO DUI
Some research shows no link between drunk driving and speeding. Drivers exceeding the speed limit are not more or less likely to be impaired than any other driver. Thus, speeding alone does not substantiate probable cause to suspect you of DUI. Also, the defense must produce proof of your actual speed. (Did the officer estimate your speed by observation, by pacing, or speed detection equipment?) If no evidence exists, the
issue of speeding should also be challenged.
DUI SOBRIETY CHECKPOINT STOP - POLICE DEVIATED FROM RANDOM STOP REQUIREMENT
According to (NHTSA) guidelines, the police officers should adhere strictly to the formula that was dictated in advance by the police force management or other locale managing authority, as to which vehicles will be stopped at the checkpoint. (For example: every 3rd, or 4th vehicle or some other random mathematical formula.)
DELAYS IN TRANSPORT
Did you experience a long delay in being transported to a chemical testing site?
According to (NHTSA) guidelines, the logistics of chemical testing must allow expeditious transport of suspects to a chemical testing site.
STAGGERING OR SWAYING NOT THE RESULT OF DUI
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 seat-belt that has mechanical problems unlatching.
OPENED CONTAINER WAS NOT YOURS
If the car was borrowed or you have or previously had passengers in the vehicle,
the police will attempt to attribute the open container of alcohol to the driver. However, it may not be yours. You may not have even known it was there in the first place, particularly if the car did not belong to you and you were simply a permissive user of the vehicle.
BREATHING PATTERNS
Were you instructed to breathe continuously into the device for more than 10 seconds?
Breathing test machines are calibrated to test no more than a 10 second long sample. If you were required to breathe into the machine for longer than 10 seconds, your results might have indicated a higher blood alcohol level than was actual. Hyperventilating, shallow breathing, or refusal to breathe might also interfere with an accurate test result.
If you have been charged with any Arizona 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, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499.
This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.
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