To make a DUI arrest in Gilbert, the Police Officer must have "probable cause" to arrest you. A Gilbert DUI arrest requires the higher standard of probable cause than the DUI stop itself. The DUI stop only requires "reasonable suspicion" that a traffic infraction, or violation of law. If your Gilbert DUI defense files a motion to dismiss for lack of "probable cause" to arrest, and the Gilbert Court agrees, then what occurred after the arrest including breath or blood test then is not admissible or relevant. Depending on the circumstances your case, your Gilbert DUI lawyer has a compelling argument which may lead to a total dismissal of your Gilbert AZ DUI charges.
Gilbert DUI Laws
DUI Charges in Gilbert AZ are serious, and carry some of the harshest penalties in the country. If you were charged or arrested for a Gilbert DUI you will need an experienced Gilbert DUI Attorney or an Arizona Attorney who defends charges frequently in Gilbert Court and criminal justice system to defend you. Gilbert DUI Laws, Classifications and Penalties are governed by Arizona State Laws which can be found at under ARS §28-1381 - www.azleg.state.az.us.
Top DUI Defenses - To Name a Few
Below are just a few of many common defenses that an experienced criminal defense or DUI Attorney in Arizona may use to defend your case. Excerpts are cited in part from the Arizona Winning DUI Defense Strategies © Book Series, "101 Arizona DUI Defenses" © written by experienced Arizona DUI Attorney James Novak:
ILLEGAL STOP OF PERSON OR VEHICLE - Were you legally stopped by the Gilbert police? The United States Supreme Court has held that 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 may call for a dismissal of your Gilbert DUI charges. The officer must be able to 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 drunk driving or impaired by drugs or other toxic substances.
THE GILBERT POLICE DID NOT HAVE PROBABLE CAUSE TO MAKE THE ARREST - Was there probable cause to arrest you? The Gilbert Police Officer's burden of proof is even 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" that a traffic infraction or other violation of the law was committed. 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.
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, unhealthy, 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 any other medical condition for which they may be suffering.
DUI Defense Attorneys Gilbert, AZ
To go through the criminal justice process or Gilbert Court unrepresented for your DUI charges by a good Gilbert DUI lawyer or criminal defense attorney, is simply a recipe for a swift DUI conviction. Without the defense of a qualified Gilbert DUI lawyer you are putting your life, freedom and future into the arms of the person who wants to convict you. That is, the Gilbert Court Prosecutor. Their job is not to help you get a good outcome, find flaws in their case against you, or try to get your Gilbert DUI charges dropped. They work closely with the police to convict you.
Many of the best Gilbert AZ DUI Attorneys agree that if you face DUI charges in Gilbert AZ, you should retain an Arizona DUI lawyer to defend your case, preferably one who defends DUI charges often in Gilbert Court. Without an experienced and qualified DUI attorney, you may be setting yourself up for a swift and harsh DUI conviction. A good DUI defense attorney who defends charges in Gilbert, Arizona will fight to make sure your constitutional rights are protected, examine the evidence, build the most solid and effective defense, attempt to get your DUI charges dismissed, reduced or otherwise the best outcome in your case.
For more Arizona criminal defense help, DUI defense help, free DUI defense books, and free DUI and criminal defense videos and many other DUI Defenses that can be used to get your case dismissed, charges reduced, or evidence suppressed visit WWW.arizonacriminaldefenselawyer.com. There you can download three free "Arizona Winning DUI Defense Strategies" © books written by winning defense Attorney James Novak, which includes "101 AZ DUI Defenses" ©.
If you have been charged or arrested for any kind of felony charges in Arizona, or misdemeanor including any Arizona DUI, Aggravated DUI, Extreme DUI, Second DUI, Third or more DUI charges, DUI Under age 21, Drug DUI, Minor Consumption DUI, DUI with child under 15 in vehicle, Felony DUI, Any Drug Charges, Drug possession charges, Drug sales, Drug Distribution, Drug Trafficking, Drug smuggling, Drug Importation, Drug Transportation, Drug Cultivation, Drug Manufacturing, Misdemeanor Drug charges, Felony Drug charges, Dangerous Drugs, Narcotics, Marijuana, or any other criminal charge including theft, assaults, aggravated assault, domestic assault, sexual assault, police assault, misconduct, domestic violence, probation violations, robbery, theft, burglary, vehicular assault, weapon charges, disorderly conduct with a weapon, harassment, violation of a protective order, manslaughter, kidnapping, aggravated domestic violence, unlawful discharge of a gun, endangerment with a weapon, other firearm and gun charges, computer crimes, sex crimes, cyber crimes, child pornography possession or distribution, 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 Arizona criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor). The Law Office of James Novak proudly serves Gilbert AZ, Tempe, AZ, Mesa AZ, Phoenix AZ, Scottsdale AZ, Chandler AZ, and surrounding cites valley-wide in Maricopa County.
The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Gilbert, Mesa, Chandler, Tempe, Scottsdale, Phoenix AZ, and other cities 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.
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