Phoenix DUI Lawyer Blog

Defenses Used by Top Rated Mesa DUI Lawyers
"Fight Your DUI and Win!"

If you have recently been charged with a Mesa Arizona DUI charges you have already been through a traumatic experience, and realize how serious the charges are and wonder if there is anything that can be done. The answer is YES. You can fight your DUI and win! But your first step is to hire a Mesa DUI Attorney who can fight the battle on your behalf. The Mesa Courts and Legal systems are complex. There are no short cuts to an effective defense. An attorney who defends clients on a regular basis in the Mesa Courts are well versed on the laws; familiar with the prosecution; your constitutional rights; and most importantly what defenses can be used to get the best outcome in your case. Experienced Mesa DUI attorneys get cases dismissed and charges reduced on a regular basis. Of course, they can't and should not guarantee an outcome for your Mesa DUI. In fact, if an Attorney "guarantees" you an outcome on your case, especially before you hire them...run, don't walk the other way!

Fundamentally, in Mesa Arizona an officer must have a "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 Mesa DUI charges. With that in mind, here is a brief sample of DUI defenses your Mesa DUI attorney may use to get your case dismissed, charges reduced or evidence suppressed. Excerpts below quoted from "101 DUI Defense Strategies" © Winning Arizona DUI Defense Strategies Book:

CHANGING LANES WITHOUT A SIGNAL AS A BASIS FOR A STOP
Were you stopped because you did not use your turn signal?
You should always use your turn signal at all times. However, an argument could be made that the stop was illegal because no other traffic existed, involved a remote area, or no other traffic was affected by your turn without using a turn signal. The police and prosecution will argue that you are required to signal if there is other traffic nearby. Most Mesa DUI arrests occur late at night and very often the police car is the only vehicle even within sight distance of the driver. A.R. S 28-754. Turning movements and required signals: "A person shall not so turn any vehicle without giving an appropriate signal in the manner provided by this article in the event any other traffic may be affected by the movement."

INCOMPLETE STOP
Were you stopped because you did not brake to a complete stop where required?
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
Were you stopped because your vehicle weaved within your driving 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.

An experience Mesa DUI Attorney knows how to use the circumstances of your case, and your constitutional rights and the laws of Arizona in your favor. If you feel you deserve a second chance, consult a Mesa DUI lawyer regarding your Mesa DUI. You can Fight your DUI charges and win!

If you have been charged with any Mesa 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.