DUI Attorney in Gilbert Court

August 10, 2010
By James E. Novak, P.L.L.C. on August 10, 2010 6:45 AM |

Gilbert Felony DUI Attorney Who Fights Felony DUI Charges

"Your Best Offense against a Felony DUI Conviction is to hire a good DUI Lawyer who knows what defenses that can be used to defend Gilbert DUI Felonies".

If you face Gilbert Felony DUI, you will need to contact an Attorney to be experienced in defending Gilbert DUI charges. Felony DUI charges are very serious, especially in Arizona. Gilbert Police and Prosecution are extremely aggressive and they want convictions. Felony DUI charges are also known as "Aggravated DUI charges". Felony DUI convictions will result in serious punishments with adverse affects on your life that will follow you for years into the future. Gilbert Felony DUI convictions have higher penalties, increased incarceration than those of Misdemeanor DUI. Sentencing for a Felony DUI or Aggravated DUI in Gilbert can include up to 4 months or more in prison, in addition to other punishments such as fines, fees, loss of driver's license, mandatory Ignition Interlock device, restitution, probation and other penalties the court deems necessary.

Your Best Offense against a Felony DUI Conviction is to hire a good DUI Attorney is well versed at the defenses that can be used to defend your Gilbert DUI Felony. Your Arizona DUI Attorney must have the knowledge, and experience of using all the defenses available under by Arizona law to build successful defense against the prosecution in Gilbert for your Felony DUI charges. With a good Gilbert DUI Attorney, you may be able to get your charges dismissed completely, reduced to lesser charges and sentencing, or suppression of evidence against you. It requires good legal representation by an experienced Maricopa County DUI Attorney who is familiar and practices regularly in Gilbert, Arizona DUI Courts.

There are many defenses that can be used, and evidentiary issues that can be challenged in a felony DUI depending on each defendant's set of circumstances. Many of these defenses are cited in detail in the Winning Defense Strategies Book Series ©"#1 Arizona DUI Defense" and "101 DUI Defense Strategies"© Book, written by successful and proven DUI Defense Attorney, Arizona DUI defenses Author, James Novak. Abridged versions of many his Arizona winning defense strategies can be downloaded free of charge to the public. Your Arizona DUI defenses and your constitutional rights should be no "secret". A successful defense requires the right attorney, hard work, dedication, knowledge and experience. You deserve no less in an Arizona DUI Attorney to defend you. The free abridged versions of the book can be downloaded by simply visiting www.arizonacriminaldefenselawyer.com. Understand there is a big difference between knowing what your defenses are, and knowing how actually use them to challenge evidence and charges. A good Gilbert DUI Lawyer knows exactly what to do through the legal channels and protocol of the Gilbert Courts. Many people make the mistake of trying to represent them selves without hiring an attorney. This is very dangerous. You may be innocently trying to tell your side of the story, when in fact you are incriminating yourself further. You have the right to remain silent, use it. Let a good DUI Attorney who defends DUI charges in Gilbert Courts on a regular basis, knows the court procedures, guidelines, when and our to negotiate and make a defensive move on your behalf to best defend you. You have heard the old saying: "Only a fool represents himself". Note: This applies to Attorneys too. The best of attorneys will hire the best attorney they can find to defend them, if they have criminal or DUI charges too. It can happen to anyone, no matter who you are or what you do for a living. You won't find a neurosurgeon doing their own cerebral brain surgery either. (While that's a little far fetched, you get the point.)

Below are examples of just defenses categories that can often be targeted by your DUI Attorney that can be used to pursue dismissal of your charges, reduction in sentencing or suppression of evidence:

• "Reasonable Suspicion" is required for a traffic stop, by police
• "Probable cause" is required to arrest someone for DUI. This is a higher standard than "Reasonable Suspicion" to stop
• Validity or reliability of the field sobriety tests can be challenged.
• A police officer's credentials, certifications or competence can be challenged.
• Evidence the prosecution wants to use against you may have been mishandled during obtaining the evidence, handling by a third party, storage, or transport.
• Margins of differences exist in breath results or blood testing if they are too far apart.
• Too much time went by before the preliminary breath test, and official breath test was conducted.
• The environmental or landscaping conditions were not up to the official standards and guidelines to conduct field sobriety tests (large snow drifts, high winds, non-level ground, interferences, problems with lighting required with some field sobriety tests.
• Unapproved or unreliable field testing methods were performed.
• Lack of maintenance or records on breathalyzer machine used to read your BAC
• Inadmissible evidence used
• Out dated or not properly stored drug kits were used such as kits that may have been stored in police car trunks subject to extreme Arizona summer heat.
• Improper search and seizure of you or your vehicle was conducted.
• Other Violations of your Constitutional Rights occurred.

You have too much to lose with a Gilbert Felony DUI or Aggravated DUI conviction. You must have a strong Gilbert criminal defense or Gilbert DUI Attorney in your corner that knows exactly what needs to be done to protect you and that will draw from their years of experience and litigation, training, education and knowledge of the law, and court protocol to defend you. . With an experienced, dedicated Felony DUI Lawyer, your chances of getting a good outcome on your case drastically increase.

If you have been charged with any Gilbert 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 Gilbert DUI, Gilbert Drug DUI, or any other criminal charge including theft, assaults, 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. Speak directly with experienced Gilbert criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

). The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Gilbert, Scottsdale, Mesa, Gilbert, and surrounding areas valley-wide in Maricopa County Arizona.

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.