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 police did not have a justified reasonable suspicion, then your Scottsdale DUI Attorney will have a compelling legal argument to pursue for dismissal of your Scottsdale, AZ DUI charges.
Scottsdale DUI
This is just one of many factors a Scottsdale DUI lawyer will examine and challenge in your Scottsdale DUI defense. But you will not get that benefit without a good Scottsdale DUI criminal defense or Scottsdale DUI lawyer. DUI Charges in Scottsdale AZ are serious, and carry some of the harshest penalties in the country. If you were charged or arrested for a Scottsdale DUI you will need an experienced Scottsdale DUI Attorney or an Arizona Attorney who defends charges frequently in the Arizona courts, to defend your Scottsdale DUI charges. 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:
Top DUI Defenses
ILLEGAL STOP OF PERSON OR VEHICLE - Were you legally stopped by the Scottsdale 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 Scottsdale DUI charges. The means 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 driving intoxicated.
CHANGING LANES WITHOUT A SIGNAL AS A BASIS FOR A STOP - Did the Scottsdale police stop you because you failed to use your turn signal?
It is basic knowledge that you should always use your turn signal. 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 Scottsdale police and prosecution will argue that you are required to signal if there is other traffic nearby. Most DUI arrests occur late at night and very often the police car is the only vehicle even within sight distance of the driver. The Arizona Law reads as follows:
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."
THE OFFICER DID NOT HAVE PROBABLE CAUSE TO MAKE THE ARREST-
Was there probable cause for the Scottsdale police officer for arrest?
The burden on the Scottsdale AZ 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, this is another compelling argument that may be presented by your Scottsdale DUI lawyer in an attempt to dismiss the Scottsdale DUI charges.
Scottsdale DUI Lawyers
Attempt to go through the criminal justice process or Scottsdale Court unrepresented by a good Scottsdale DUI lawyer or criminal defense attorney, is simply putting your life, hope and future into the hands of the person wanting to convict you, the prosecutor. That's their job. Many of the best Arizona DUI Attorneys agree that if you face Arizona DUI charges, you will need to retain an Arizona DUI lawyer to defend your case. This is not something you want to defend alone, without the qualified defense of an experienced DUI attorney. A good DUI lawyer in Arizona will fight to make sure your constitutional rights are protected, examine the evidence, build the most solid and effective defense possible, 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 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 Scottsdale AZ, Tempe, AZ, Gilbert AZ, Phoenix AZ, Chandler AZ, Mesa 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, Scottsdale, Mesa, Tempe, Chandler, 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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