November 2010 Archives

November 30, 2010

Criminal Defense | DUI Attorneys Arizona

"Due to the length of time it takes for the human body to expel Marijuana, testing could prove positive for traces of it you smoked a month or ago. If the Marijuana did not impair your ability to drive, is it fair to convict and prosecute you of a Drug DUI? Top Arizona DUI Defense Lawyers think not, and will present compelling arguments and file appropriate motions in your defense."

Drug DUI Charges Arizona
If you have been arrested or charged with a DUI with Marijuana in Arizona you will face serious consequences if convicted. You should contact an Arizona Marijuana DUI or Drug DUI lawyer in Arizona to discuss your charges and defense options.

If police have stopped you because they suspect you of drunk driving in Arizona, they will usually begin investigating with questions, request that you participate in field sobriety testing, and a breathalyzer test. If the breathalyzer test turns up negative, and they still suspect you of driving impaired due to being under the influence of drugs or other substances, they will usually proceed with drug testing. If you refuse and there is just cause for the testing, the police officer will obtain a warrant from the judge and will get the testing anyway. A refusal will also cost you a suspension of your license.

Drug DUI Testing for Marijuana in Arizona
The primary testing for DUI with Marijuana in Arizona is urine or blood testing of THC (Tetrahydrocannabinol) levels in your system. THC is the primary psychoactive ingredient in Marijuana. Arizona DUI prosecutors insist that urine and blood testing is accurate. But the fact is both can have their flaws, and are surrounded by controversy, and suspected to human and technical errors. Arizona criminal defense and DUI lawyers argue that a common problem with Marijuana DUI testing is the fact that Marijuana can commonly stay in a person's blood stream or urine for up to 30 days, shorter or longer. The speed for which Marijuana leaves the body varies by individual based on many factors. Tests results can also be affected by these factors as well as additional variables including but not limited to the following:

1) How much Marijuana as been smoked,
2) Rate of your metabolism,
3) How often you smoke or consume marijuana,
4) Whether or not you have taken any detoxifying products,
5) The last time you smoked,
6) The amount Marijuana smoked or consumed.
7) The pace at which it was smoked
8) Fluid and food intake prior to the testing
9) Other Drug Toxins that may be in your system

Arizona Drug DUI - Marijuana DUI Defense
Due to the length of time it takes for the human body to expel Marijuana, testing could prove positive for traces of it you smoked a month ago. And if those traces of Marijuana did not impair your ability to drive to the slightest degree, is it fair to convict and prosecute you of a DUI? Top Arizona Criminal Defense Attorneys think not. Good Arizona drug defense lawyers in Arizona will know how to present compelling arguments and file appropriate motions in your defense.

Penalties are severe for any type of DUI in Arizona. It is not worth the risk to attempt to defend your own case. You may only get one shot at freedom. You will need the legal representation of an experienced Arizona criminal defense attorney, DUI lawyer or Drug DUI attorney. A good drug defense attorney in Arizona will consider all the facts; examine the evidence; examine accuracy of test results that the prosecution plans to use against you, interview or depose witnesses including arresting police officers; determine if the testing methods were proper; blood draw procedures; check expiration on testing kits and their prior maintenance, storage of test samples; credentials of the person (s) to conducted the testing; determine if any of your constitutional rights were violated; and many consider the many defenses that can be used for Drug DUI or Marijuana DUI charges. Then your Arizona DUI lawyer will determine what the best defense strategy will given your set of circumstances, to try and get your charges dismissed, reduced, or the otherwise best outcome in your case.

Continue reading "Marijuana DUI Testing in Arizona | Drug DUI " »

November 29, 2010

Scottsdale DUI Attorney

"A good Arizona DUI Lawyer will investigate, examine all evidence, and build a strong defense tailored to the circumstances surrounding our Arizona DUI. They will then challenge the prosecutions' evidence and do everything possible to get your Arizona DUI charges dismissed, reduced, or otherwise best alternative outcome in your case."

Scottsdale DUI laws and Scottsdale AZ DUI Penalties are some of the most strict and severe in the United States. Even a first time Arizona misdemeanor DUI convictions carry harsh penalties. Arizona Felony DUI convictions and sentencing are so severe, that they adversely impact the rest of your life. And worse, when faced with such charges, some simply give up hope. But if you have been arrested in Scottsdale for DUI you should consult a Scottsdale Criminal Attorney or Arizona criminal defense attorney who defends DUI charges in the Scottsdale Court and criminal justice system frequently. Most of the best DUI attorneys who defend DUI charges in Scottsdale provide free consultations. The DUI lawyer usually provides you with information regarding your charges, and offer you defense options. In the least you will get some direction and piece of mind.

Arizona DUI Penalties
Scottsdale DUI penalties can have negative life altering impacts including but not limited to loss of job or future job opportunities; loss of driver's license; costly fines and fees; mandatory incarceration in *jail or *prison (see below); court ordered ignition interlock devices in your vehicle at your expense; counseling, probation, criminal record and whatever the Scottsdale Court deems necessary and appropriate for your situation. If you are convicted the factors the Scottsdale Judge will consider for sentencing include but are not limited to the following:

• Type of DUI (misdemeanor DUI or felony DUI)
• First Time v. Repeat Offense
• Prior Criminal history
• Aggravating Factors surrounding the DUI
• Level of Blood Alcohol Content (BAC) found to be in your system
• Level or amount of drugs or substances found to be in your system
• Other criminal offenses committed at the same time as the DUI

*Arizona DUI Jail Sentencing Minimum Guidelines

Below are jail or prison guidelines for DUI convictions. Note this chart does not include other penalties or punishments that apply for Scottsdale DUI convictions. References are from A.R.S. 28 - 1381, 28-1382, and 28-1383:

• First DUI (non-extreme) .08+ BAC.................. 24 Hours in Jail
• Second DUI (non-extreme) .08+ BAC.................30 Days in Jail
• First DUI Extreme .15+ BAC ......................... .30 Days in Jail
• Second DUI Extreme .15+ BAC......................... 120 Days in Jail
• First DUI Super Extreme .20+ BAC.................... 45 Days in Jail
• 2nd Super Extreme .20+ BAC..........................180 Days in jail
• Felony DUI (with aggravated classification)......4 Months in Prison
.
Scottsdale DUI Defenses
A Scottsdale AZ DUI charge is not a conviction. You have the right to fight your Scottsdale DUI through the criminal justice system. A good Scottsdale DUI defense Lawyer will challenge the evidence, build a defense, attempt to get your charges dismissed, reduced. In any event, you will usually get a much better outcome with a Scottsdale DUI defense attorney, than if you go without qualified private DUI legal representation.

There are many defenses that can be used, and issues that can be challenged. Some of these defenses are listed and discussed in detail in the "Arizona Winning Defense Strategies" ©" and "101 DUI Defense Strategies"© Books, written by a experienced DUI Defense Attorney and Arizona DUI defenses Author, James Novak, whose law firm is 100% devoted to defending DUI and criminal charges in Maricopa County. Abridged versions of all three books can be downloaded free of charge at www.arizonacriminaldefenselawyer.com.

The defense strategy that your qualified Scottsdale DUI defense attorney chooses to use will be tailored and built by largely based on the circumstances, details, and evidence surrounding your Scottsdale DUI charges. Your DUI defense lawyer should then effectively present it with compelling arguments and motions through the proper legal channels.

DUI Defense Attorney Scottsdale, AZ
Your chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome will increase drastically by retaining a good Scottsdale Criminal Defense or Scottsdale DUI Defense Lawyer. Some feel that the Scottsdale Arizona court and criminal justice system are a maze of strict rules, guidelines, and protocol. You will need strong DUI legal representation, such as an experienced criminal defense attorney or DUI lawyer who regularly defends Arizona DUI charges in Scottsdale AZ.

A good Arizona DUI Lawyer will investigate, examine all evidence, and build a strong defense tailored to the circumstances surrounding our Arizona DUI. They will then challenge the prosecutions' evidence and do everything possible to get your Arizona DUI charges dismissed, reduced, or the otherwise best alternative outcome in your case.

Continue reading "Scottsdale DUI Arrest | DUI Laws | DUI Penalties" »

November 27, 2010

Phoenix Marijuana Attorney

"You have a constitutional right to retain a Phoenix AZ criminal Attorney. A good Phoenix Marijuana Attorney, AZ criminal defense, or drug defense attorney in Arizona will challenge the prosecution's case against you. The best Arizona drug defense attorneys will do everything possible to try to get your charges dismissed or reduced, protect your rights, future and freedom."

Phoenix Arrest Marijuana Sales
You should contact a Phoenix Marijuana sales attorney or Phoenix drug defense lawyer, if you have been charged or arrested in Arizona for Marijuana (also known as pot, cannabis, or weed) possession, sales, cultivation, import, trafficking, smuggling, and possession with intent to sell, or any other Marijuana charges as soon as possible. These are considered very serious charges in Phoenix. In the least you should consult an Arizona criminal defense attorney to discuss your matter, and defense options. Some of the best Marijuana attorneys in Phoenix provide free consultations.

Marijuana, pot, cannabis, or weed is the most common of all drug charges in Arizona. However, this does not reduce the seriousness if the charges and punishments. Arizona has particularly harsh sentencing in jail or prison, and exorbitant fees and other penalties for Marijuana sales, possession with intent to sell, Marijuana cultivation, Marijuana import, Marijuana trafficking, or Marijuana smuggling,

Phoenix Marijuana Sales Laws:
There are a various specified Marijuana laws in Arizona. Arizona Marijuana sales laws are very strict, and penalties extremely harsh. They are defined, and specifically classified under the State of Arizona's Criminal Law cited below. So Marijuana Sales Charges in Phoenix AZ are governed by the rules of authority of Arizona State Law and criminal code:

Arizona Revised Statutes (A.R.S.) - Title 13 Criminal Code - Chapter 34 DRUG OFFENSES...13-3405 Possession, use, production, sale or transportation of marijuana; classification...
A. A person shall not knowingly: ...
2. Possess marijuana for sale.
3. Produce marijuana.
4. Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer marijuana...."

AZ Marijuana Sales Penalties
Conviction in Arizona for marijuana sales carries minimum prison sentencing within a range of 1 to 5 years in prison. In addition to incarceration in prison if convicted, you will face exorbitant fines, starting at $750 to $150,000.00.

Below is a list of some factors considered in sentencing if convicted of Phoenix Marijuana sales. This list is not all inclusive.
• A major factor considered is the quantity of marijuana involved in the sale or in your possession with intent to sell.
• If the prosecution proves that amount of marijuana was over the statutory threshold of two pounds;
• Your prior criminal history;
• Repeat offense v. first time offense,
• Weapons involved with the incident;
• Selling or attempting to sell the drugs to a minor;
• Harm, injury or deaths involved with the drug sale;
• Any other aggravating or extenuating circumstances.

Arizona Marijuana Sales Defenses | Marijuana Attorney
You must already know that a charge is not a conviction. There is still hope of defending your charges with a qualified Marijuana Sales Attorney. With a good Drug defense lawyer your chances of getting your charges dismissed, reduced, or good outcome in your case significantly increase. You have a constitutional right to retain a Phoenix AZ criminal Attorney. A good Phoenix Marijuana Attorney, AZ criminal defense, or drug defense attorney in Arizona will challenge the prosecution's case against you. The best Arizona drug defense attorneys will do everything possible to try to get your charges dismissed or reduced, protect your rights, future and freedom. The key to a successful defense is early retention of your Phoenix drug defense lawyer.

Top drug defense, criminal defense, and Marijuana lawyers know which defenses to use to most effectively defend your Marijuana sales charges. Defenses and the law should not "secrets" only to be shared if you retain that criminal defense attorney. Every situation is different and carries its on set of circumstances, but Marijuana sales charges can and do get dismissed even if it seems like the odds are against you. An experienced criminal attorney will do everything possible to get your charges dismissed, use every defense possible to challenge the evidence and get the charges dropped, reduced, or the best possible outcome in your case.

Continue reading "Phoenix Marijuana Sales Laws" »

November 26, 2010

Marijuana Defense | Phoenix DUI Lawyers

"Due to the length of time it takes for the human body to expel Marijuana, testing could prove positive for traces of it even if a month went by since you smoked or used it. If the Marijuana did not impair your ability to drive, is it fair to convict and prosecute you of a Drug DUI? Top Phoenix DUI Defense Lawyers think not, and will present compelling arguments and file appropriate motions in your defense."

Phoenix DUI Drug Charges
If you have been arrested or charged in Phoenix with a DUI with Marijuana (Pot, Grass, Weed, Cannabis) in Arizona you will face serious consequences if convicted. You should contact an Arizona Marijuana DUI or Drug DUI lawyer in Arizona to discuss your charges and defense options. This means you can get a DUI without ever taking a dring of alcohol.
If Phoenix police stop you because they suspect you of DUI in Phoenix, AZ, they will usually begin investigating with questions, request that you participate in field sobriety testing, and a breathalyzer test. If the breathalyzer test turns up negative, and they still suspect you of driving impaired due to being under the influence of drugs or other substances, they will usually proceed with drug testing. If you refuse and police have legal and just cause for the testing, the police officer will obtain a warrant from the judge and will get the testing anyway. A refusal will also cost you a suspension of your license.

Drug DUI Testing for Marijuana in Phoenix, AZ
The primary testing for DUI with Marijuana in Arizona is urine or blood testing of THC (Tetrahydrocannabinol) levels in your system. THC is the primary psychoactive ingredient in Marijuana. Arizona DUI prosecutors insist that urine and blood testing is accurate. But the fact is both can have their flaws, and are surrounded by controversy, and suspected to human and technical errors. Arizona criminal defense and DUI lawyers argue that a common problem with Marijuana DUI testing is the fact that Marijuana can commonly stay in a person's blood stream or urine for up to 30 days, shorter or longer. The speed for which Marijuana leaves the body varies by individual based on many factors. Tests results can also be affected by these factors as well as additional variables including but not limited to the following:

1) Amount of Marijuana smoked or used,
2) Rate of your metabolism,
3) Frequency you smoke or consume marijuana,
4) Whether or not you have taken any detoxifying products,
5) The last time you smoked,
6) The amount Marijuana smoked or consumed,
7) The pace at which you smoked, the marijuana
8) Fluid and food intake prior to the testing,
9) Other Drug Toxins that may be in your system

Phoenix Drug DUI Lawyers - Marijuana Drug DUI Defenses
Due to the length of time it takes for the human body to expel Marijuana, testing could prove positive for traces of it you smoked a month ago. And if those traces of Marijuana did not impair your ability to drive to the slightest degree, is it fair to convict and prosecute you of a DUI? Top Phoenix DUI Lawyers think not. Good Phoenix criminal defense attorneys will know what to look for, and how to present compelling arguments and file appropriate motions in your defense.
Penalties are severe for any type of DUI in Phoenix, AZ. You will need an effective defense by a good Phoenix criminal defense attorney, DUI lawyer or Drug DUI attorney. A good drug defense attorney in Arizona will consider all the facts; examine the evidence; examine accuracy of test results that the prosecution plans to use against you, interview or depose witnesses including arresting police officers; determine if the testing methods were proper; blood draw procedures; check expiration on testing kits and their prior maintenance, storage of test samples;
credentials of the person (s) to conducted the testing; determine if any of your constitutional rights were violated; and many consider the many defenses that can be used for Drug DUI or Marijuana DUI charges. Then your Phoenix DUI lawyer will determine what the best defense strategy will given your set of circumstances, to try and get your charges dismissed, reduced, or the otherwise best outcome in your case.

Continue reading "Marijuana DUI Testing in Phoenix AZ | Drug DUI " »

November 25, 2010

Tempe Marijuana DUI Defense

"The Tempe prosecution will usually insist that the blood or urine testing is accurate and admissible as evidence to use against you. But top drug DUI defense attorneys or Marijuana DUI defense lawyers will examine the evidence to determine if a compelling argument can be made and motions filed to suppress this evidence due to inaccuracies."

Tempe DUI with Marijuana Charges
The Medical Marijuana Prop 203 passing, will not affect Tempe Arizona's Drug DUI laws. Even if you are a qualified card holder to use Medical Marijuana (pot, weed, grass, cannabis) you will not get immunity against the strict Tempe drug DUI laws. If you are stopped by the Tempe police and determined to be driving "impaired to the slightest degree" with Marijuana in your system, you may be arrested or charged with an Arizona Marijuana DUI or Drug DUI. If so, you should consult an Arizona drug defense, criminal defense, or DUI lawyer as soon as possible to discuss your Arizona Marijuana DUI or Drug DUI charges and defense options.

Tempe Marijuana DUI Laws
Tempe AZ Marijuana laws fall under the authority of the State Laws of Arizona. Arizona Law prohibits use of driving a vehicle while "impaired to the slightest degree", due to any drug, alcohol, vapor releasing, intoxicating, or toxic substance in the body. Arizona DUI laws are strict.

Even if you are a certified card holder in Tempe AZ for use of medical Marijuana, or you have taken any other drug legally prescribed by a licensed physician, or an over-the-counter drug at your local drug store while driving and found to be "impaired to the slightest degree", A.R.S. 28-1381 3.B. will apply. Below are portions of the Arizona DUI drug laws:

Arizona Revised Statutes
"A.R.S. 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree....

3. While there is any drug defined in section 13-3401 or its metabolite in the person's body...

B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.

C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor...."

Tempe Drug DUI with Marijuana Testing | DUI Marijuana evidence
The most common way Arizona police test for DUI with Marijuana is through blood testing and urine testing. Both are controversial with regard to the test results and may be argued by your marijuana DUI defense lawyer as to whether or not they are admissible or should be suppressed as improper evidence depending on many circumstances. The Tempe prosecution will usually insist that the blood or urine testing is accurate and admissible as evidence to use against you. But top drug DUI defense attorneys may will examine the evidence to determine if a compelling argument can be made and motions filed to suppress this evidence due to inaccuracies.

Arizona Marijuana DUI Penalties
Arizona has some of the toughest laws in the country for Drug DUI and any DUI. Below are jail or prison guidelines for DUI convictions. Note this chart does not include other penalties, fines, fees or punishments that apply for Tempe DUI convictions. References are from A.R.S. 28 - 1381, 28-1382, and 28-1383:

• First DUI (non-extreme) .08+ BAC.................. 24 Hours in Jail
• Second DUI (non-extreme) .08+ BAC.................30 Days in Jail
• First DUI Extreme .15+ BAC ......................... .30 Days in Jail
• Second DUI Extreme .15+ BAC......................... 120 Days in Jail
• First DUI Super Extreme .20+ BAC.................... 45 Days in Jail
• 2nd Super Extreme .20+ BAC..........................180 Days in jail
• Felony DUI (with aggravated classification)......4 Months in Prison
.
Marijuana DUI Defense Attorney Tempe, AZ
The criminal justice system in Tempe Arizona is a maze of procedures, protocol, turbulent legislation, and is not empathetic to persons charged with DUI, or DUI with drugs of any kind. The job of the Tempe AZ prosecution is to convict you. They are not there to help you or to examine defense strategies to help you defend yourself. The judge can not do anything to help you unless proper motions and compelling arguments in your defense are presented through the proper legal channels. You will need a strong criminal defense attorney, Arizona DUI lawyer or criminal defense attorney in Arizona. There is too much for you at stake to go unrepresented by a proper Arizona DUI lawyer. They will be your ally you need to protect your rights, make sure you are treated fairly, defend you, and do everything possible, to try to get your charges dismissed, reduced or the otherwise best outcome in your case.

Continue reading "Tempe AZ Marijuana DUI Laws | Medical Marijuana DUI " »

November 24, 2010

CRIMINAL ATTORNEY CHANDLER

Your have protected rights under both Federal and Arizona State Constitutions. Be cautious and do not unknowingly or otherwise waive any of your rights, without the presence and guidance of an experienced Chandler criminal defense attorney or Chandler DUI Lawyer.

If you were arrested for a Chandler DUI or Chandler criminal charges, you should consult a Chandler criminal defense Attorney or DUI lawyer in Chandler. Along with litigation experience, knowledge of the constantly changing laws, and Chandler criminal justice system, your Criminal Attorney or DUI lawyer must be familiar with what defenses to use that will be most effective in attempting to get your charges dismissed, reduced or the otherwise best outcome in your case.

Arrested in Arizona: What Happens After an Arrest?

• Legality of the Arrest - In order for an Arizona arrest to be legal, the police must have "Probable Cause". This means that the officer has reasonable belief that a crime was committed by you. If so, you will be arrested and taken into Chandler police custody. An arrest does not automatically mean you are or will be convicted.

• Booking - Fingerprints and photograph or what some call "mug shot" will be taken. The police will ask you some Identification questions, research any past criminal convictions, and determine if you were on probation or parole at the time of your arrest.

• Arraignment - This is the initial Chandler court appearance. At this stage you will be formally charged, (but not convicted) and the processing of your charges through the criminal justice system, and time-lines begin. Here you may plead 1) guilty, 2) not guilty, or 3) no contest (no contest is when you do not admit guilt on the charges, but you are advising the Arizona Court that you do not dispute the charge either).

• Resolution - 1) Charges dismissed; 2) negotiated plea agreement for reduced charge or sentencing; 3) Trial

• Sentencing - 1) If you are guilty or have agreed to a negotiated plea agreement you will receive sentencing or penalties by the Judge. The Arizona judge has complete discretion to order any sentence that falls within the sentencing range of the crime found guilty.

Arizona Criminal Rights
You have protected rights both under Federal and Arizona State constitutions and law. It is important that you do not "waive" any of your protected rights without the presence of counsel or the advice of your Chandler criminal attorney or Chandler DUI lawyer. If you decide to waive any of your rights, you may harm your case that may prohibit you from using defenses or suppressing evidence against that otherwise could have used to attempt to get your Chandler criminal or DUI charges dismissed or evidence suppressed in your defense. You are not required to assist the police in making its case stronger against you. Some of the common rights you have are listed below and not all inclusive:

1) The right to remain silent;
2) The right to defense by an attorney;
3) The right not to answer questions without your criminal defense attorney present;
4) Your Miranda Rights must be read to you if you are arrested;
5) The right to enter a "Not Guilty" Plea;
6) The right to obtain and produce exculpatory (evidence favorable to your defense) evidence at trial;
7) The right to trial by jury;
8) The right to defend your criminal or dui charges before trial;
9) The right to avoid self-incrimination;
10) The right to cross-examine or confront a witness during trial who is testifying against you. It is highly recommended that you leave this to your qualified AZ criminal defense attorney with experienced litigation skills.

Criminal Defense Attorney AZ
One of your most important rights of all is your right to retain a Chandler criminal defense or Chandler DUI defense lawyer. Your future will depend upon this decision. The best Chandler criminal attorneys and Chandler DUI lawyers will advise you not to waive this right, particularly depending on the severity the charges. Some of the best attorneys in criminal and DUI lawyers in Chandler provide free consultations. It would be prudent for you in the least to consult a Chandler criminal or DUI defense lawyer to discuss your charges and defense options.

It is common knowledge that Arizona criminal and DUI laws and penalties are some of the harshest in the Country. It is unwise to go through the Chandler Arizona criminal justice system and through the Arizona Court processes without good legal representation by a Chandler criminal defense or DUI lawyer in Arizona who defends cases frequently in Chandler. If you go unrepresented it makes the prosecution's job easier and is a fast track to a conviction. The Chandler criminal justice system is a vast maze of procedures, time-lines and protocol. Without a qualified attorney you risk the chance of saying or doing something that will unknowingly harm your case.

There is no substitute for an experienced Arizona criminal attorney skilled in litigation. A good Chandler criminal Attorney or DUI lawyer who defends cases often in Chandler AZ will be able to gather and examine all the evidence, determine the best defenses to use based on your set of circumstances, and build a strong defense case against the prosecution on your behalf. Retaining a good criminal attorney for your Chandler AZ criminal charges or Chandler DUI will drastically increase your changes of getting your charges dismissed, reduced or the otherwise best possible outcome in your case.

Continue reading "Chandler Arrest | Criminal Defense | Criminal Rights " »

November 23, 2010

Gilbert AZ Marijuana DUI Defense

"The Medical Marijuana Prop 203 passing, will not affect Gilbert Arizona's Drug DUI laws... But top drug DUI defense attorneys will examine the evidence to determine if a compelling argument can be made and motions filed to suppress drug DUI and Marijuana DUI test results evidence due to inaccuracies".

Gilbert DUI with Marijuana Charges
The passing of Medical Marijuana Prop 203 law, will not affect Gilbert Arizona's Drug DUI laws. Even if you are a qualified card holder to use Medical Marijuana (pot, weed, grass, cannabis) you will not get immunity against the strict Gilbert DUI laws. Without a doubt, Gilbert Arizona is tough on DUI and Drug DUI charges. If you are stopped by the Gilbert police and determined to be driving "impaired to the slightest degree" with Marijuana in your system, you may be arrested or charged with an Arizona Marijuana DUI or Drug DUI. If so, you should consult an Arizona drug defense, criminal defense, or DUI lawyer as soon as possible to discuss your Arizona Marijuana DUI or Drug DUI charges and defense options.

Gilbert Marijuana DUI Laws
Gilbert Marijuana DUI laws fall under the authority of Arizona State Laws. Arizona Law prohibits use of driving a vehicle while "impaired to the slightest degree", due to any drug, alcohol, vapor releasing, intoxicating, or toxic substance in the body. Arizona DUI laws are strict.

Even if you are a certified Medical Marijuana card holder in Gilbert AZ for use of medical Marijuana, or you have taken any other drug legally prescribed by a licensed physician, or an over-the-counter drug at your local drug store while driving and found to be "impaired to the slightest degree", A.R.S. 28-1381 3.B. will apply. Below are portions of the Arizona DUI drug laws:

Arizona Revised Statutes
"A.R.S. 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree....

3. While there is any drug defined in section 13-3401 or its metabolite in the person's body...

B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.

C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor...."

Drug Marijuana DUI Testing Gilbert AZ | DUI Marijuana evidence
The two most common ways Gilbert AZ police test for DUI with Marijuana is through blood testing and urine testing. Both are controversial with regard to the test results and may be argued by your marijuana DUI defense lawyer as to whether or not they are admissible or should be suppressed as improper evidence depending on many circumstances. The Gilbert prosecution typically insist that the blood or urine testing is accurate and should be admissible as evidence to use against you. But top drug DUI defense attorneys will examine the evidence to determine if a compelling argument can be made and motions filed to suppress drug DUI and Marijuana DUI test results evidence due to inaccuracies.

Arizona Marijuana DUI Penalties
Arizona has some of the toughest laws in the country for Drug DUI and any DUI. Below are jail or prison guidelines for DUI convictions. Note this chart does not include other penalties, fines, fees or punishments that apply for Gilbert DUI convictions. References are from A.R.S. 28 - 1381, 28-1382, and 28-1383:

• First DUI (non-extreme) .08+ BAC.................. 24 Hours in Jail
• Second DUI (non-extreme) .08+ BAC.................30 Days in Jail
• First DUI Extreme .15+ BAC ......................... .30 Days in Jail
• Second DUI Extreme .15+ BAC......................... 120 Days in Jail
• First DUI Super Extreme .20+ BAC.................... 45 Days in Jail
• 2nd Super Extreme .20+ BAC..........................180 Days in jail
• Felony DUI (with aggravated classification)......4 Months in Prison
.
Marijuana DUI Defense Attorney Gilbert, AZ
The criminal justice system in Gilbert Arizona is a maze of procedures, protocol, turbulent legislation, and case law. The Gilbert Court is not empathetic to persons charged with DUI, or DUI with drugs of any kind. The job of the Gilbert AZ prosecution is to convict you. They are not there to help you or to examine defense strategies to help you defend yourself. Don't count on the judge for favor or help in your defense. The court judge can not do anything to help you unless proper motions and compelling arguments in your defense are presented through the proper legal channels. You will need a strong criminal defense attorney, Arizona DUI lawyer or criminal defense attorney in Arizona. There is too much for you at stake to go unrepresented by a proper Arizona DUI lawyer. They will be your ally you need to protect your rights, make sure you are treated fairly, defend you, and do everything possible, to try to get your charges dismissed, reduced or the otherwise best outcome in your case.

Continue reading "Marijuana DUI Laws Gilbert, AZ | Medical Marijuana DUI " »

November 22, 2010

Tempe AZ Marijuana DUI Defense

"The Passing of Medical Marijuana Prop 203, has no affect Tempe Arizona's strict Drug DUI laws... But top Marijuana DUI defense attorneys will examine the evidence to determine if a compelling argument can be made and motions filed to suppress drug DUI and Marijuana DUI test results evidence due to inaccuracies".

Tempe DUI with Marijuana Charges
The passing of Medical Marijuana Prop 203 law, will not affect Tempe Arizona's Drug DUI laws. Even if you are a qualified card holder to use Medical Marijuana (pot, weed, grass, cannabis) you will not get immunity against the strict Tempe DUI laws. Without a doubt, Tempe Arizona is on all DUI and Drug DUI charges. If you are stopped by the Tempe police and determined to be driving "impaired to the slightest degree" with Marijuana in your system, you may be arrested or charged with an Arizona Marijuana DUI or Drug DUI. If so, you should consult an Arizona drug defense, criminal defense, or DUI lawyer as soon as possible to discuss your Arizona Marijuana DUI or Drug DUI charges and defense options.

Tempe Marijuana DUI Laws
Tempe Marijuana DUI laws fall under the authority of Arizona State Laws. Arizona Law prohibits use of driving a vehicle while "impaired to the slightest degree", due to any drug, alcohol, vapor releasing, intoxicating, or toxic substance in the body. This includes Medical Marijuana. Arizona Drug DUI laws are clear and strict.

Even if you are a certified Medical Marijuana card holder in Tempe AZ for use of medical Marijuana, or you have taken any other drug legally prescribed by a licensed physician, or an over-the-counter drug at your local drug store while driving and found to be "impaired to the slightest degree", A.R.S. 28-1381 3.B. will apply. Below are portions of the Arizona DUI drug laws:

Arizona Revised Statutes
"A.R.S. 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree....

3. While there is any drug defined in section 13-3401 or its metabolite in the person's body...

B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.

C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor...."

Drug Marijuana DUI Testing Tempe AZ | DUI Marijuana evidence
The two most common ways Tempe AZ police test for DUI with Marijuana is through blood testing and urine testing. Both are controversial with regard to the test results and may be argued by your marijuana DUI defense lawyer as to whether or not they are admissible or should be suppressed as improper evidence depending on many circumstances. The Tempe Prosecutors generally insist that the blood or urine testing is accurate and should be admissible as evidence to use against you. But Top Drug DUI defense attorneys will examine the evidence to determine if a compelling argument can be made and motions filed to suppress drug DUI and Marijuana DUI test results evidence due to inaccuracies.

Arizona Marijuana DUI Penalties
Arizona has some of the toughest laws in the country for Drug DUI and any DUI. Below are jail or prison guidelines for DUI convictions. Note this chart does not include other penalties, fines, fees or punishments that apply for Tempe DUI convictions. References are from A.R.S. 28 - 1381, 28-1382, and 28-1383:

• First DUI (non-extreme) .08+ BAC.................. 24 Hours in Jail
• Second DUI (non-extreme) .08+ BAC.................30 Days in Jail
• First DUI Extreme .15+ BAC ......................... .30 Days in Jail
• Second DUI Extreme .15+ BAC......................... 120 Days in Jail
• First DUI Super Extreme .20+ BAC.................... 45 Days in Jail
• 2nd Super Extreme .20+ BAC..........................180 Days in jail
• Felony DUI (with aggravated classification)......4 Months in Prison
.
Marijuana DUI Defense Attorney Tempe, AZ
The criminal justice system in Tempe Arizona is a maze of procedures, protocol, changing legislation, and case law. The Tempe Court is not empathetic to persons charged with DUI, or DUI with drugs of any kind. The job of the Tempe AZ prosecution is to convict you. They are not there to help you or to examine defense strategies to help you defend yourself. Don't count on the judge for favor or help in your defense. The court judge can not do anything to help you unless proper motions and compelling arguments in your defense are presented through the proper legal channels. You will need a strong criminal defense attorney, Arizona DUI lawyer or criminal defense attorney in Arizona. There is too much for you at stake to go unrepresented by a proper Arizona DUI lawyer. They will be your ally you need to protect your rights, make sure you are treated fairly, defend you, and do everything possible, to try to get your charges dismissed, reduced or the otherwise best outcome in your case.

Continue reading "Marijuana DUI Laws Tempe, AZ | Medical Marijuana DUI " »

November 21, 2010

Marijuana Defense Mesa AZ | Mesa DUI Lawyers
"Due to the length of time it takes for the human body to expel Marijuana, testing could prove positive for traces of it even if a month went by since you smoked or used it. If the Marijuana did not impair your ability to drive, is it fair to convict and prosecute you of a Drug DUI? Top Mesa DUI Defense Lawyers think not, and will present compelling arguments and file appropriate motions in your defense."

Mesa DUI Drug Charges
If you have been arrested or charged in Mesa with a DUI with Marijuana (Pot, Grass, Weed, Cannabis) in Arizona you will face serious consequences if convicted. You should contact an Arizona Marijuana DUI or Drug DUI lawyer in Arizona to discuss your charges and defense options. This means you can get a DUI without ever taking even one drink of alcohol and are subject to some of the harshest penalties in the country.

Mesa DUI Testing Arizona
If Mesa police stop you because they suspect you of DUI in Mesa, AZ, they will usually begin investigating by asking you some questions. Next, they will ask you to participate in field sobriety testing. Note: By law you do not have to submit to the field sobriety test. But you should know that the risk exists in that you could be arrested on the spot by the Mesa police officer. Following the field sobriety test, you may be asked to take a preliminary breathalyzer test with a portable unit. The portable breath unit results can not be used to prosecute you, because the portable units are not as accurately calibrated or maintained. If the portable breathalyzer test results read positive for any alcohol in your system, the officer will proceed to request an official breathalyzer test.

This is the reason for two breath machine tests. With regard to the official DUI
breathalyzer, typically you will be given two breath tests on it for comparison and the police efforts for accuracy. So potentially, you may get 3 total breath tests--one on a portable unit, and two on the official breathalyzer.

A good DUI Chandler defense lawyer will examine the validity and accuracy of all the official test unit results. In some cases it can be argued by your defense that the results not are admissible for a variety of flaws or errors that commonly occur related to maintenance of the unit, human error of conducting the breath test, or tests conducted outside required protocol.

If the breathalyzer test turns up negative, and the Mesa police have reason to continue to suspect you of driving impaired due to being under the influence of drugs or other substances, they will usually proceed with drug testing. If you refuse the breathalyzer or drug testing, and police have legal and just cause for the testing, the police officer will obtain a warrant from the judge and will get the testing anyway. A refusal will also cost you a suspension of your license.

Drug DUI Testing for Marijuana in Mesa, AZ
The primary testing for a Marijuana DUI in Arizona is urine testing, and blood testing. This testing involves looking at levels of THC (Tetrahydrocannabinol) in your system. . THC is the primary psychoactive ingredient in Marijuana. Arizona DUI prosecutors insist that urine and blood testing are accurate. But the truth of the matter is that both forms of testing, are surrounded by controversy, and like any blood or urine test may contain, flaws, weaknesses, and inaccuracies, and are subject to both human and technical errors.

Arizona criminal defense and DUI lawyers argue that a common problem with Marijuana DUI testing is the fact that Marijuana can commonly stay in a person's blood stream or urine for up to 30 days, shorter or longer. The speed for which Marijuana leaves the body varies by individual based on many factors. Tests results can also be affected by these factors as well as additional variables including but not limited to the following:

1) Amount of Marijuana smoked or used,
2) Your individual metabolism rate,
3) How often you smoke or consume Marijuana,
4) Whether or not you have taken any detoxifying products,
5) The most recent or last time smoked or consumed Marijuana,
6) The speed or pace at which you smoked or consumed marijuana,
7) Fluid and food intake prior to the testing,
8) Other Drug Toxins that may found be in your system

Mesa Drug DUI Lawyers - Marijuana Drug DUI Defenses
Due to the length of time it takes for the human body to expel Marijuana, testing could prove positive for traces of Marijuana you smoked a month ago, or longer. If those traces of Marijuana did not impair your ability to drive to the slightest degree, is it fair to convict and prosecute you of a DUI? Top Mesa DUI Lawyers think not. Good Mesa criminal defense attorneys will know what to look for, and how to present compelling arguments and file appropriate motions in your defense.

Penalties are severe for any type of DUI in Mesa, AZ, including Drug DUI or Marijuana DUI. You will need a strong defense from a good Mesa criminal defense attorney, DUI lawyer or Drug DUI attorney. A good Mesa DUI attorney in Arizona will consider all the facts; examine the evidence; examine accuracy of test results that the prosecution plans to use against you, interview or depose witnesses including arresting police officers; determine if the testing methods were proper; blood draw procedures; check expiration on testing kits and their prior maintenance, storage of test samples; credentials of the person (s) to conducted the testing; determine if any of your constitutional rights were violated; and many consider the many defenses that can be used for Drug DUI or Marijuana DUI charges. Then your Mesa DUI lawyer will determine what the best defense strategy will given your set of circumstances, to try and get your charges dismissed, reduced, or the otherwise best outcome in your case.

Continue reading "Marijuana DUI Testing Mesa AZ | Drug DUI " »

November 20, 2010

Criminal Defense | Chandler DUI Lawyers

"Due to the length of time it takes for the human body to expel Marijuana, testing could prove positive for traces of it even if a month went by since you smoked or used it. If the Marijuana did not impair your ability to drive, is it fair to convict and prosecute you of a Drug DUI? Top Chandler DUI Defense Lawyers think not, and will present compelling arguments and file appropriate motions in your defense."

Chandler DUI Drug Charges
If you have been arrested or charged in Chandler with a DUI with Marijuana (Pot, Grass, Weed, Cannabis) in Arizona you will face serious consequences if convicted. You should contact an Arizona Marijuana DUI or Drug DUI lawyer in Arizona to discuss your charges and defense options. This means you can get a DUI without ever taking even one drink of alcohol.

DUI Testing in Chandler AZ
If Chandler police stop you because they suspect you of DUI in Chandler, AZ, they will usually begin investigating by asking you some questions. Next, they will ask you to participate in field sobriety testing. Note: By law you do not have to submit to the field sobriety test. But you should know that the risk exists in that you could be arrested on the spot by the Chandler police officer. Following the field sobriety test, you may be asked to take a preliminary breathalyzer test with a portable unit. The portable breath unit results can not be used to prosecute you, because the portable units are not as accurately calibrated or maintained. If the portable breathalyzer test reads positive for alcohol in your system, the officer will proceed to request an official breathalyzer test. Note, a good DUI defense lawyer will examine the validity and accuracy of the official test unit results. In some cases it can be argued by your defense that the results not be admissible for a variety of flaws or errors that commonly occur.

If the breathalyzer test turns up negative, and the Chandler police have reason to continue to suspect you of driving impaired due to being under the influence of drugs or other substances, they will usually proceed with drug testing. If you refuse the breathalyzer or drug testing, and police have legal and just cause for the testing, the police officer will obtain a warrant from the judge and will get the testing anyway. A refusal will also cost you a suspension of your license.

Drug DUI Testing for Marijuana in Chandler, AZ
The primary testing for a Marijuana DUI in Arizona is urine testing, and blood testing. This testing involves looking at levels of THC (Tetrahydrocannabinol) in your system. . THC is the primary psychoactive ingredient in Marijuana. Arizona DUI prosecutors insist that urine and blood testing are accurate. But the truth of the matter is that both forms of testing, are surrounded by controversy, and like any blood or urine test may contain, flaws, weaknesses, and inaccuracies, and are subject to both human and technical errors.

Arizona criminal defense and DUI lawyers argue that a common problem with Marijuana DUI testing is the fact that Marijuana can commonly stay in a person's blood stream or urine for up to 30 days, shorter or longer. The speed for which Marijuana leaves the body varies by individual based on many factors. Tests results can also be affected by these factors as well as additional variables including but not limited to the following:

1) Amount of Marijuana smoked or used,
2) Your individual metabolism rate,
3) How often you smoke or consume Marijuana,
4) Whether or not you have taken any detoxifying products,
5) The most recent or last time smoked or consumed Marijuana,
6) The speed or pace at which you smoked or consumed marijuana,
7) Fluid and food intake prior to the testing,
8) Other Drug Toxins that may found be in your system

Chandler Drug DUI Lawyers - Marijuana Drug DUI Defenses
Due to the length of time it takes for the human body to expel Marijuana, testing could prove positive for traces of Marijuana you smoked a month ago, or longer. If those traces of Marijuana did not impair your ability to drive to the slightest degree, is it fair to convict and prosecute you of a DUI? Top Chandler DUI Lawyers think not. Good Chandler criminal defense attorneys will know what to look for, and how to present compelling arguments and file appropriate motions in your defense.

Penalties are severe for any type of DUI in Chandler, AZ, including Drug DUI or Marijuana DUI. You will need a strong defense from a good Chandler criminal defense attorney, DUI lawyer or Drug DUI attorney. A good Chandler DUI attorney in Arizona will consider all the facts; examine the evidence; examine accuracy of test results that the prosecution plans to use against you, interview or depose witnesses including arresting police officers; determine if the testing methods were proper; blood draw procedures; check expiration on testing kits and their prior maintenance, storage of test samples; credentials of the person (s) to conducted the testing; determine if any of your constitutional rights were violated; and many consider the many defenses that can be used for Drug DUI or Marijuana DUI charges. Then your Chandler DUI lawyer will determine what the best defense strategy will given your set of circumstances, to try and get your charges dismissed, reduced, or the otherwise best outcome in your case.

Continue reading "Marijuana DUI Testing Chandler AZ | Drug DUI " »

November 19, 2010

CRIMINAL ATTORNEY PHOENIX

You have protected rights under both Federal and Arizona State Constitutions. A good Phoenix criminal attorney or Phoenix DUI lawyer will make sure your rights are protected throughout the criminal justice system proceedings. Use caution, and do not unknowingly or otherwise waive any of your rights, without the presence and guidance of your experienced Phoenix criminal defense or Phoenix DUI Lawyer.

If you face criminal charges or were arrested for a Phoenix DUI or criminal charges, you need to retain an attorney who has a vast amount of experience and knowledge of Arizona laws, your constitutional rights, Phoenix criminal justice system, procedures and required protocol. Most importantly, the Phoenix criminal attorney or Phoenix DUI lawyer you use must be extremely familiar and know what defenses to use that will be most effective in attempting to get your charges dismissed, reduced or the otherwise best outcome in your case.

Arrested in Arizona: What Happens After an Arrest?

• Arrest - First, for an Arizona arrest to be legal, the police must have "Probable Cause". This means that the officer has reasonable belief that a crime was committed and you were the one who committed it. That being the case you will be arrested and taken into Phoenix police custody. An arrest does not automatically mean you are or will be convicted in an Arizona Court of Law.

• Booking - Fingerprints and photograph or what some call "mug shot" will be taken. The police will ask you some Identification questions, research any past criminal convictions, and determine if you were on probation or parole at the time of your arrest.

• Arraignment - This is the initial Phoenix court appearance. At this stage you will be formally charged, (but not convicted) and the processing of your charges through the criminal justice system, and time-lines begin. Here you may plead 1) guilty, 2) not guilty, or 3) no contest (no contest is when you do not admit guilt on the charges, but you are advising the Arizona Court that you do not dispute the charge either).

• Resolution - 1) Charges dismissed; 2) negotiated plea agreement for reduced charge or sentencing; 3) Trial

• Sentencing - 1) If you are guilty or have agreed to a negotiated plea agreement you will receive sentencing or penalties by the Judge. The Arizona judge has complete discretion to order any sentence that falls within the sentencing range of the crime found guilty.

Arizona Criminal Rights
You have protected rights both under Federal and State constitutions. It is very important that you do not "waive" any of your protected rights without the presence or counsel of a Phoenix criminal attorney or Phoenix DUI lawyer. If you decide to waive any of your rights, you may jeopardize your case and any defenses that otherwise could have used to attempt to get your Arizona criminal charges dismissed or evidence suppressed in your defense. You are not required to assist the police in making its case stronger against you. Some of the common rights you have are listed below and not all inclusive:

1) The right to remain silent;
2) The right to defense by an attorney;
3) The right not to answer questions without your criminal defense attorney present;
4) Your Miranda Rights must be read to you if you are arrested;
5) The right to enter a "Not Guilty" Plea
6) The right to obtain and produce exculpatory (evidence favorable to your defense) evidence at trial;
7) The right to trial by jury;
8) The right to defend your criminal or dui charges before trial;
9) The right to avoid self-incrimination;
10) In the event of trial, the right to cross-examine or confront a witness testifying against you. It is highly recommended that you leave this to your qualified AZ criminal defense attorney with experienced litigation skills.

Criminal Defense Attorney AZ
One of your most important rights is your right to retain a phoenix criminal defense or DUI defense lawyer. Your future will depend upon this decision. The best Phoenix criminal attorney and Phoenix DUI lawyers will advise you not to waive this right, particularly depending on the charges. Phoenix DUI and Criminal laws, and penalties are strict and harsh. It is common knowledge that they are some of the most severe in the United States. It is unwise to go through the Phoenix Arizona criminal justice system and through the Arizona Court processes without good legal representation by a Phoenix criminal defense or DUI lawyer in Arizona who defends cases frequently in Phoenix. If you go unrepresented it makes the prosecution's job easier and is a fast track to a conviction. The Phoenix criminal justice system is a vast maze of procedures, time-lines and protocol. Without a qualified attorney you risk the chance of saying or doing something that will unknowingly harm your case.

There is no substitute for an experienced Arizona criminal attorney skilled in litigation. An experienced Arizona criminal Attorney or DUI lawyer will be able to gather and examine all the evidence, determine the best defenses to use based on your set of circumstances, and build a strong defense case against the prosecution on your behalf. Retaining a good criminal attorney for your Arizona criminal charges or AZ DUI will drastically increase your changes of getting your charges dismissed, reduced or the otherwise best possible outcome in your case.

Continue reading "Phoenix Arrest | Criminal Defense | Criminal Rights " »

November 18, 2010

Marijuana DUI Defense | Tempe DUI Lawyers

"Due to the length of time it takes for the human body to expel Marijuana, testing could prove positive for traces of it even if a month went by since you smoked or used it. If the Marijuana did not impair your ability to drive, is it fair to convict and prosecute you of a Drug DUI? Top Tempe DUI Defense Lawyers think not, and will present compelling arguments and file appropriate motions in your defense."

Tempe AZ DUI Drug Charges
If you have been arrested or charged in Tempe with a DUI with Marijuana (Pot, Grass, Weed, Cannabis) in Arizona you will face serious consequences if convicted. You should contact an Arizona Marijuana DUI or Drug DUI lawyer in Arizona to discuss your charges and defense options. This means you can get a DUI without ever taking even one drink of alcohol and are subject to some of the harshest penalties in the country. It makes no difference under the DUI law if the Marijuana found in your system was medical Marijuana and you were a certified card holder.

Tempe DUI Testing Arizona
If Tempe AZ police stop you because they suspect you of DUI in Tempe, AZ, they will usually begin investigating by asking you some questions. Next, they will ask you to participate in field sobriety testing. Note: By law you do not have to submit to the field sobriety test. But you should know that the risk exists in that you could be arrested on the spot by the Tempe AZ police officer. Following the field sobriety test, you may be asked to take a preliminary breathalyzer test with a portable unit. The portable breath unit results can not be used to prosecute you, because the portable units are not as accurately calibrated or maintained. If the portable breathalyzer test results read positive for any alcohol in your system, the officer will proceed to request an official breathalyzer test. This is the reason for two breath machine tests. With regard to the official DUI breathalyzer, typically you will be given two breath tests on it for comparison and the police efforts for accuracy. So potentially, you may get 3 total breath tests--one on a portable unit, and two on the official breathalyzer.

A good DUI Chandler defense lawyer will examine the validity and accuracy of all the official test unit results. In some cases it can be argued by your defense that the results not are admissible for a variety of flaws or errors that commonly occur related to maintenance of the unit, human error of conducting the breath test, or tests conducted outside required protocol.

If the breathalyzer test turns up negative, and the Tempe police have reason to continue to suspect you of driving impaired due to being under the influence of drugs or other substances, they will usually proceed with drug testing. If you refuse the breathalyzer or drug testing, and police have legal and just cause for the testing, the police officer will obtain a warrant from the judge and will get the testing anyway. A refusal will also cost you a suspension of your license.

Drug DUI Testing for Marijuana in Tempe, AZ
The primary tests for a Marijuana DUI in Arizona is urine testing, and blood testing. This testing involves looking at levels of THC (Tetrahydrocannabinol) in your system. . THC is the primary psychoactive ingredient in Marijuana. Arizona DUI prosecutors insist that urine and blood testing are accurate. But the truth of the matter is that both forms of testing, are surrounded by controversy, and like any blood or urine test may contain, flaws, weaknesses, and inaccuracies, and are subject to both human and technical errors.

Arizona criminal defense and DUI lawyers argue that a common problem with Marijuana DUI testing is the fact that Marijuana can commonly stay in a person's blood stream or urine for up to 30 days, shorter or longer. The speed for which Marijuana leaves the body varies by individual based on many factors. Tests results can also be affected by these factors as well as additional variables including but not limited to the following:
1) Amount of Marijuana smoked or used,
2) Your individual metabolism rate,
3) How often you smoke or consume Marijuana,
4) Whether or not you have taken any detoxifying products,
5) The most recent or last time smoked or consumed Marijuana,
6) The speed or pace at which you smoked or consumed marijuana,
7) Fluid and food intake prior to the testing,
8) Other Drug Toxins that may found be in your system

Tempe Drug DUI Lawyers - Marijuana Drug DUI Defenses
Due to the length of time it takes for the human body to expel Marijuana, testing could prove positive for traces of Marijuana you smoked a month ago, or longer. If those traces of Marijuana did not impair your ability to drive to the slightest degree, is it fair to convict and prosecute you of a DUI? Top Tempe DUI Lawyers think not. Good Tempe criminal defense attorneys will know what to look for, and how to present compelling arguments and file appropriate motions in your defense.

Penalties are severe for any type of DUI in Tempe, AZ, including Drug DUI or Marijuana DUI. You will need a strong defense from a good Tempe criminal defense attorney, DUI lawyer or Drug DUI attorney. A good Tempe DUI attorney in Arizona will consider all the facts; examine the evidence; examine accuracy of test results that the prosecution plans to use against you, interview or depose witnesses including arresting police officers; determine if the testing methods were proper; blood draw procedures; check expiration on testing kits and their prior maintenance, storage of test samples; credentials of the person (s) to conducted the testing; determine if any of your constitutional rights were violated; and many consider the many defenses that can be used for Drug DUI or Marijuana DUI charges. Then your Tempe DUI lawyer will determine what the best defense strategy will given your set of circumstances, to try and get your charges dismissed, reduced, or the otherwise best outcome in your case.

Continue reading "Marijuana DUI Testing Tempe AZ | Drug DUI " »

November 17, 2010

Chandler AZ Marijuana DUI Defense

"The Passing of Medical Marijuana Prop 203, will not affect Chandler Arizona's strict Drug DUI laws... But top Marijuana DUI defense attorneys will examine the evidence to determine if a compelling argument can be made and motions filed to suppress drug DUI and Marijuana DUI test results evidence due to inaccuracies".

Chandler DUI with Marijuana Charges
The passing of Medical Marijuana Prop 203 law, will not affect Chandler Arizona's Drug DUI laws. Even if you are a qualified card holder to use Medical Marijuana (pot, weed, grass, cannabis) you will not get immunity against the strict Chandler DUI laws. Without a doubt, Chandler Arizona is on all DUI and Drug DUI charges. If you are stopped by the Chandler police and determined to be driving "impaired to the slightest degree" with Marijuana in your system, you may be arrested or charged with an Arizona Marijuana DUI or Drug DUI. If so, you should consult an Arizona drug defense, criminal defense, or DUI lawyer as soon as possible to discuss your Arizona Marijuana DUI or Drug DUI charges and defense options.

Chandler Marijuana DUI Laws
Chandler Marijuana DUI laws fall under the authority of Arizona State Laws. Arizona Law prohibits use of driving a vehicle while "impaired to the slightest degree", due to any drug, alcohol, vapor releasing, intoxicating, or toxic substance in the body. Arizona DUI laws are strict.

Even if you are a certified Medical Marijuana card holder in Chandler AZ for use of medical Marijuana, or you have taken any other drug legally prescribed by a licensed physician, or an over-the-counter drug at your local drug store while driving and found to be "impaired to the slightest degree", A.R.S. 28-1381 3.B. will apply. Below are portions of the Arizona DUI drug laws:

Arizona Revised Statutes
"A.R.S. 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree....

3. While there is any drug defined in section 13-3401 or its metabolite in the person's body...

B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.

C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor...."

Drug Marijuana DUI Testing Chandler AZ | DUI Marijuana evidence
The two most common ways Chandler AZ police test for DUI with Marijuana is through blood testing and urine testing. Both are controversial with regard to the test results and may be argued by your marijuana DUI defense lawyer as to whether or not they are admissible or should be suppressed as improper evidence depending on many circumstances. The Chandler Prosecutors generally insist that the blood or urine testing is accurate and should be admissible as evidence to use against you. But Top Drug DUI defense attorneys will examine the evidence to determine if a compelling argument can be made and motions filed to suppress drug DUI and Marijuana DUI test results evidence due to inaccuracies.

Arizona Marijuana DUI Penalties
Arizona has some of the toughest laws in the country for Drug DUI and any DUI. Below are jail or prison guidelines for DUI convictions. Note this chart does not include other penalties, fines, fees or punishments that apply for Chandler DUI convictions. References are from A.R.S. 28 - 1381, 28-1382, and 28-1383:

• First DUI (non-extreme) .08+ BAC.................. 24 Hours in Jail
• Second DUI (non-extreme) .08+ BAC.................30 Days in Jail
• First DUI Extreme .15+ BAC ......................... .30 Days in Jail
• Second DUI Extreme .15+ BAC......................... 120 Days in Jail
• First DUI Super Extreme .20+ BAC.................... 45 Days in Jail
• 2nd Super Extreme .20+ BAC..........................180 Days in jail
• Felony DUI (with aggravated classification)......4 Months in Prison
.
Marijuana DUI Defense Attorney Chandler, AZ
The criminal justice system in Chandler Arizona is a maze of procedures, protocol, turbulent legislation, and case law. The Chandler Court is not empathetic to persons charged with DUI, or DUI with drugs of any kind. The job of the Chandler AZ prosecution is to convict you. They are not there to help you or to examine defense strategies to help you defend yourself. Don't count on the judge for favor or help in your defense. The court judge can not do anything to help you unless proper motions and compelling arguments in your defense are presented through the proper legal channels. You will need a strong criminal defense attorney, Arizona DUI lawyer or criminal defense attorney in Arizona. There is too much for you at stake to go unrepresented by a proper Arizona DUI lawyer. They will be your ally you need to protect your rights, make sure you are treated fairly, defend you, and do everything possible, to try to get your charges dismissed, reduced or the otherwise 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" ©.

Continue reading "Marijuana DUI Laws Chandler, AZ | Medical Marijuana DUI " »

November 16, 2010

Arizona Marijuana DUI Defense

The passing of Medical Marijuana Prop 203 does not affect Arizona's Drug DUI laws.
The fact that you may be a qualified card holder to use Marijuana (pot, weed, grass, cannabis) does not give you immunity against the strict Arizona DUI laws. If you are stopped by the police and determined to be driving "impaired to the slightest degree" with Marijuana in your system, you may be arrested or charged with an Arizona DUI. If you have been arrested or charged with a Drug DUI or Marijuana DUI you should consult an Arizona drug defense, criminal defense, or DUI lawyer as soon as possible to discuss your Arizona DUI charges and defense options.

Arizona Marijuana DUI Laws
Arizona Law prohibits use of driving a vehicle while "impaired to the slightest degree", due to any drug, alcohol, vapor releasing, intoxicating, or toxic substance in the body. Arizona DUI laws are strict.

Even if you are a certified card holder for Arizona medical Marijuana use, or you have taken any other drug legally prescribed by a licensed physician, or an over-the-counter drug at your local drug store, A.R.S. 28-1381 3.B. will apply. Below are portions of the

Arizona DUI drug laws:
Arizona Revised Statutes
"A.R.S. 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree....

3. While there is any drug defined in section 13-3401 or its metabolite in the person's body...

B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.

C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor...."
(Cited in Part: Arizona State Website azleg.state.az.us/)

Arizona DUI with Marijuana Testing | DUI Marijuana evidence
The most common way Arizona police test for DUI with Marijuana is through blood testing and Urine testing. Both are controversial with regard to the test results and may be argued by your marijuana DUI defense lawyer as to whether or not they are admissible or should be suppressed as improper evidence depending on many circumstances. The prosecution will usually insist without justifiable circumstances that the blood or urine testing is accurate and admissible as evidence to use against you. A good Arizona defense Attorney will examine the evidence to determine if a compelling argument can be made to suppress it and file the proper motions.

Arizona Marijuana DUI Penalties
Arizona has some of the toughest laws in the country for Drug DUI and any DUI. Below are jail or prison guidelines for DUI convictions. Note this chart does not include other penalties, fines, fees or punishments that apply for Phoenix DUI convictions. References are from A.R.S. 28 - 1381, 28-1382, and 28-1383:

• First DUI (non-extreme) .08+ BAC.................. 24 Hours in Jail
• Second DUI (non-extreme) .08+ BAC.................30 Days in Jail
• First DUI Extreme .15+ BAC ......................... .30 Days in Jail
• Second DUI Extreme .15+ BAC......................... 120 Days in Jail
• First DUI Super Extreme .20+ BAC.................... 45 Days in Jail
• 2nd Super Extreme .20+ BAC..........................180 Days in jail
• Felony DUI (with aggravated classification)......4 Months in Prison
.
Arizona Marijuana DUI Defense Attorney
The criminal justice system in Arizona is a maze of procedures, protocol, turbulent legislation, and is not empathetic to persons charged with DUI, or DUI with drugs of any kind. The job of the Arizona prosecution is to convict you. They are not there to help you or to examine defense strategies to help you defend yourself. The judge can not do anything to help you unless proper motions and compelling arguments in your defense are presented through the proper legal channels. You will need a strong criminal defense attorney, Arizona DUI lawyer or criminal defense attorney in Arizona. There is too much for you at stake to go unrepresented by a proper Arizona DUI lawyer. They will be the your ally you need to protect your rights, make sure you are treated fairly, defend you, and do everything possible, to try to get your charges dismissed, reduced or the otherwise best outcome in your case.

Continue reading "Arizona Marijuana DUI Laws | Medical Marijuana DUI " »

November 15, 2010

WHY YOU SHOULD FIND A GOOD GILBERT CRIMINAL LAWYER IF YOU FACE FELONY CHARGES

You can fight your felony charges. Felony charges get dropped, dismissed or reduced
often; but not by luck or chance. It takes hard work and good Gilbert Criminal Defense legal representation. If you face a felony arrest or felony charges in Gilbert AZ you will need to retain an experienced criminal attorney in Gilbert. They will be your first and last line of defense, and give you the best chance of a good outcome.

Felony Charges Gilbert AZ
Felony Charges in Arizona are always very serious criminal offenses and are aggressively prosecuted by city, state and county prosecutors. The best way to protect yourself and preserve your freedom is to hire a highly trained, qualified, proactive and experienced Gilbert Criminal Attorney. Gilbert AZ felony convictions usually carry steep prison sentences. Some involve long term or life time incarceration in prison; exorbitant fines and fees; and a criminal record that will follow you and adversely effect you for the rest of your life depending on the severity and nature of the crime for which you were convicted.

Felony Sentencing in Gilbert
Gilbert categorizes crimes into six classifications, with Class 1 being the most severe of crimes which carry the harshest punishments and longest prison sentences. If convicted, most Mesa felony conviction sentences are served in a state prison rather than in a county jail. The felony sentencing and term is dictated by the nature and severity of the criminal charges for which you were convicted. Each felony class includes a range from the minimum term to the maximum term of prison time the convicted defendant will be required to serve.

Gilbert Felony Laws
Felony Laws in Gilbert Arizona are strict, and penalties harsh. Definitions, Classifications, Sentencing guidelines, and Penalties are comprehensive. Felony Charges in Gilbert AZ are governed by the rules of authority of Arizona State Law and criminal code: Title 13 - Criminal Law http://www.azleg.gov/ArizonaRevisedStatutes.

Felony Attorney AZ | Gilbert Criminal Defense
If you have been arrested or charged with a felony in Gilbert AZ you will need to retain the legal representation of an experienced criminal attorney in Gilbert or AZ felony attorney. Your future depends on it. Gilbert felony charges are not the type of charges you want to go at alone. You can fight your charges by retaining a good criminal attorney in Gilbert AZ.

There is no substitute for litigation experience, familiarity with the criminal justice system and courts, knowledge of the ever changing Arizona Laws, familiarity with the judges and prosecutors in the jurisdiction you were arrested for or received the felony charges.
Be sure to select a felony defense lawyer who defends cases in Gilbert frequently and who has a vast amount of litigation experience, knowledge, and skills and is proactive, and one who has the ability to build solid defense on your behalf. Choosing your Gilbert criminal attorney may be one of the most important decisions you will make relating to your felony charges in Gilbert, AZ, and one that will affect the rest of your life. Choose one that you feel confident will protect your rights, fight to get the charges dismissed, reduced, or the otherwise best outcome in your case.

Continue reading "GILBERT CRIMINAL ATTORNEY" »

November 14, 2010

Arizona DUI Attorney | Criminal Defense

'"Your Arizona DUI Attorney may be able to get your Arizona DUI dismissed if there is No Probable Cause to Arrest"

If you were arrested for an Arizona DUI, you should consult Arizona DUI Attorney as soon as possible. You will find most qualified criminal defense attorneys and DUI lawyers in Arizona provide free consultations. An experienced Arizona DUI attorney will do everything possible in an attempt to get your Arizona DUI charges dismissed, reduced, or in the alternative get the best possible outcome in your case.

Arizona DUI Arrest
From a defense standpoint, your Arizona DUI Attorney may be able to get your Arizona DUI dismissed by using one or more defenses. One common defense is "No Probable Cause to Arrest". By law, the police must have reliable information which would lead a reasonable person to conclude that criminal activity has been or is being committed prior to the arrest. Unless probable cause exists, the arrest is unconstitutional and invalid. The fourth amendment of the United States Constitution specifically requires among other things, that arrests and arrest warrants be supported by "Probable Cause". Note "probable cause to arrest" is a higher standard than "reasonable suspicion to stop" or detaining a driver for investigation or questioning.

Probable Cause for Arrest
The police officer needs have obtained specific evidence and facts including but not limited to, field sobriety tests, breath tests, and/or chemical tests and such depending on the circumstances. The law enforcement official needs to have "enough to cause a reasonable person to believe that a crime has been committed." The judge needs to hear this actual evidence and specifics, not just assumptions, no accusations, not opinions, not biased unsubstantiated conclusions made by a police offer or the prosecution but actual physical or measurable evidence. Examples of such evidence include but are not limited to accurate breathalyzer machine results or blood test results. A good private practice Arizona DUI will investigate to determine that the police in fact enough evidence to meet the standard of probable cause to arrest. If not, they will challenge it will compelling arguments, file motions, and take the legal and assertive actions necessary to get your DUI charges dismissed.

Arizona DUI Penalties
An Arizona DUI conviction of any kind can have such negative impacts on your life as loss of job or future job opportunities, loss of driver's license, costly fines and fees, mandatory incarceration in jail or prison, court ordered ignition interlock devices to be installed in your vehicle at your expense, counseling, based on your circumstances, the type of DUI charges, past criminal history, first time or repeat offense, and a host of other factors.

Arizona DUI - Other Defenses
First remember that an Arizona DUI charge is not a conviction. You have the right to fight your DUI. With a good DUI Lawyer in Arizona you can fight to get your charges, and challenge the evidence to try to get your case dismissed, charges reduced, or otherwise a better outcome in your case, than if you have not hired an attorney.

There are many defenses that can be used, and issues that can be challenged. Some of these defenses are listed and discussed in detail in the "Arizona Winning Defense Strategies" ©" and "101 DUI Defense Strategies"© Books, written by a experienced DUI Defense Attorney and Arizona DUI defenses Author, James Novak, whose law firm is 100% devoted to defending DUI and criminal charges in Maricopa County. Abridged versions of all three books can be downloaded free of charge at www.arizonacriminaldefenselawyer.com.

Defense strategies are determined and built by you qualified Arizona DUI Attorney who will be defending your case. The defenses are based the particular circumstances, and evidence surrounding your Arizona DUI charges. Your Arizona DUI lawyer will present it with compelling arguments to the judge and prosecution through the proper legal channels.

Arizona DUI Attorney
Your chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome without a good Arizona Criminal Defense or DUI Attorney are slim to none. The Arizona criminal justice system can be a maze of complex rules, guidelines, and protocols. You will need an experienced Arizona criminal defense attorney or Arizona DUI lawyer who regularly defends Arizona DUI charges through the criminal justice and court systems. A good Arizona DUI Lawyer will investigate, examine all evidence, build a strong defense challenge charges and the evidence, attend Motor Vehicle Hearings, Arraignments, Pre-trial Conferences, Suppression or Evidentiary Hearings, defend you at trial if a trial is needed and you have arranged in advance for your attorney to do the trial. In sum, the best Arizona DUI attorneys will do everything possible to get your Arizona DUI charges dismissed, reduced, or the best alternative outcome in your case.

Continue reading "DUI Arrest in Arizona | DUI Laws " »

November 13, 2010

WHY YOU SHOULD FIND A GOOD
TEMPE CRIMINAL LAWYER IF YOU FACE FELONY CHARGES

You can fight your felony charges. Tempe felony charges get dropped, dismissed or reduced every day. But this doesn't happen by luck or chance. It takes hard work by a good Tempe Criminal Defense Attorney. If you face a felony arrest or felony charges in Tempe AZ you will need to retain an experienced Tempe criminal attorney. They will be your first and last line of defense, and give you the best chance of a good outcome.

Felony Charges Tempe AZ
Felony Charges in Tempe are always very serious criminal offenses and are aggressively prosecuted by city, state and county prosecutors. The best way to protect yourself and preserve your freedom is to hire a highly trained, qualified, proactive and experienced Tempe Criminal Attorney. Tempe AZ felony convictions usually carry steep prison sentences. Some involve long term or life time incarceration in prison; exorbitant fines and fees; and a criminal record that will follow you and adversely effect you for the rest of your life depending on the severity and nature of the crime for which you were convicted.

Felony Sentencing in Tempe
Tempe categorizes crimes into six classifications, with Class 1 being the most severe of crimes which carry the harshest punishments and longest prison sentences. If convicted, most Mesa felony conviction sentences are served in a state prison rather than in a county jail. The felony sentencing and term is dictated by the nature and severity of the criminal charges for which you were convicted. Each felony class includes a range from the minimum term to the maximum term of prison time the convicted defendant will be required to serve.

Tempe Felony Laws
Felony Laws in Tempe Arizona are governed under the rules and criminal codes of the State of Arizona: Title 13 - Criminal Law http://www.azleg.gov/ArizonaRevisedStatutes.
Felony Attorney AZ | Tempe Criminal Defense

If you have been arrested or charged with a felony in Tempe AZ you will need to retain the legal representation of an experienced criminal attorney in Tempe or AZ felony attorney. Your future depends on it. Tempe felony charges are not the type of charges you want to go at alone. You can fight your charges by retaining a good criminal attorney in Tempe AZ.

There is no substitute for litigation experience, familiarity with the criminal justice system and courts, knowledge of the ever changing Arizona Laws, familiarity with the judges and prosecutors in the jurisdiction you were arrested for or received the felony charges. Be sure to select a felony defense lawyer who defends cases in Tempe frequently and who has a vast amount of litigation experience, knowledge, and skills and is proactive, and one who has the ability to build solid defense on your behalf. Choosing your Tempe criminal attorney may be one of the most important decisions you will make relating to your felony charges in Tempe, AZ, and one that will affect the rest of your life. Choose one that you feel confident will protect your rights, fight to get the charges dismissed, reduced, or the otherwise best outcome in your case.

Continue reading "TEMPE CRIMINAL ATTORNEY" »

November 12, 2010

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 Phoenix DUI lawyer has a compelling legal argument to press for dismissal of your Phoenix, AZ DUI charges.

Phoenix DUI
This is just one of many factors a Phoenix DUI lawyer will examine and challenge in your Phoenix DUI defense. But you will not get that benefit without a good Phoenix DUI criminal defense or Phoenix DUI lawyer. DUI Charges in Phoenix AZ are serious, and carry some of the harshest penalties in the country. If you were charged or arrested for a Phoenix DUI you will need an experienced Phoenix DUI Attorney or an Arizona Attorney who defends charges frequently in the Arizona courts, to defend your Phoenix 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 Phoenix 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 Phoenix 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 Phoenix police stop you because you failed to use your turn signal?

Rule of thumb, 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 Phoenix 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 Phoenix police officer to arrest you?

The burden on the Phoenix 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 Phoenix DUI lawyer in an attempt to dismiss the Phoenix DUI charges.

Phoenix DUI Lawyers
Attempt to go through the criminal justice process or Phoenix Court unrepresented by a good Phoenix 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.

Continue reading "PHOENIX DUI LAWYERS | TOP DUI DEFENSES" »

November 11, 2010

WHY YOU SHOULD FIND A GOOD
PHOENIX CRIMINAL LAWYER IF YOU FACE FELONY CHARGES

A good Phoenix criminal lawyer can challenge the evidence of your felony charges. You have a constitutional right retain a criminal defense lawyer who defends felony charges in the Phoenix Arizona criminal justice system and courts. Choosing a criminal attorney to defend your felony charges in Phoenix AZ may be one of the most important decisions you will make in your life. Select one that you feel will protect your rights, fight to get the charges dismissed, reduced, or the otherwise best possible outcome in your case. Here are the reasons why:

Felony Charges Phoenix AZ
Felony Charges in Arizona are always very serious criminal offenses and are aggressively prosecuted by city, state and county prosecutors. The best way to protect yourself and preserve your freedom is to hire a highly trained, qualified, proactive and experienced Phoenix Criminal Attorney. Phoenix AZ felony convictions usually carry steep prison sentences. Some involve long term or life time in prison; exorbitant fines and fees; a criminal record that will follow you and adversely effect you for the rest of your life depending on the severity and nature of the crime for which you were convicted.

Felony Sentencing in Phoenix
Arizona categorizes crimes into six classifications, with Class 1 being the most severe of crimes which carry the most severe sentences. If convicted, most AZ felony prison sentences are served in a state prison rather than in a county jail. The felony sentencing and term is dictated by the nature and severity of the criminal charges for which you were convicted. Each felony class includes a range from the minimum term to the maximum term of prison time the convicted defendant will be required to serve.

Phoenix Felony Laws
Felony Laws in Phoenix Arizona are strict, and penalties harsh. Definitions, Classifications, Sentencing guidelines, and Penalties are comprehensive. The are governed by the rules of authority of Arizona State Law and criminal code: Title 13 - Criminal Law http://www.azleg.gov/ArizonaRevisedStatutes.

Felony Attorney AZ | Phoenix Criminal Defense
If you have been arrested or charged with a felony in Phoenix AZ you will need to retain the legal representation of an experienced criminal defense attorney in Arizona or AZ felony attorney. Your future depends on it. Phoenix felony charges are not the type of charges you want to go at alone. Without proper legal representation, you pave the way for a swift and harsh conviction and sentence.

An attorney may graduate from the highest ranking law schools in the country, and that is admirable. But there are some things no Phoenix criminal attorney can learn in school: There is no substitute for litigation experience, familiarity with the criminal justice system and courts, knowledge of the ever changing Arizona Laws, familiarity with the judges and prosecutors in the jurisdiction you were arrested for or received the felony charges. Be sure to select an Arizona Attorney who defends cases in Phoenix who has a vast amount of litigation experience, knowledge, skill, confident, proactive, and one who has the ability to build solid defense on your behalf. Choosing your AZ criminal attorney may be one of the most important decisions you will make relating to your felony charges in Arizona, and one that will affect the rest of your life. Choose one that you feel confident will protect your rights, fight to get the charges dismissed, reduced, or the otherwise best outcome in your case.

Continue reading "PHOENIX CRIMINAL ATTORNEY" »

November 10, 2010

Marijuana Sales | Marijuana Attorney AZ

"Top Arizona drug defense lawyers, criminal defense attorneys and Marijuana lawyers know which defenses to use to most effectively defend your Marijuana sales charges"
Marijuana Sales

You should contact an Arizona Marijuana sales and Marijuana cultivation lawyer, Arizona criminal attorney or AZ marijuana defense attorney if you have been charged or arrested in Arizona for Marijuana Sales or cultivation, as soon as possible. These are serious charges and in the least you should consult an Arizona criminal defense attorney to discuss your matter, and defense options.

Arizona Marijuana also known as pot, cannabis, or weed is the most common of all drug charges in Arizona. However, this does not reduce the seriousness if the charges and punishments. Arizona has particularly harsh sentencing in jail or prison, and exorbitant fees and other penalties for Marijuana sales, possession with intent to sell, Marijuana cultivation, Marijuana import, Marijuana trafficking, or Marijuana smuggling,

Arizona Marijuana, Pot, Cannabis Sales Laws:
There are a variety of Marijuana laws in Arizona. Marijuana sales laws in Arizona are strict and classified under the State of Arizona's Criminal Law:

Arizona Revised Statutes (A.R.S.) - Title 13 Criminal Code - Chapter 34 DRUG OFFENSES...13-3405 Possession, use, production, sale or transportation of marijuana; classification...

A. A person shall not knowingly: ...

2. Possess marijuana for sale.

3. Produce marijuana.

4. Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer marijuana...."

AZ Marijuana Sales Penalties
In Arizona getting convicted of a marijuana sale charge requires prison sentencing within a range of 1 to 5 years in prison. In addition to incarceration in prison time to your Arizona Marijuana drug sentencing if convicted. In addition, you may face exorbitant fines, with a minimum of $750 up to $150,000.

Major factors that are considered in sentencing include the classification of the marijuana charge, and how much of the marijuana was found surrounding the charge. Other factors include but are not limited to the following: If the prosecution proves that amount of marijuana was over the statutory threshold of two pounds; your prior criminal history; repeat offense v. first time offense, involvement and if any weapons were used and other extenuating circumstances.

Arizona Marijuana Sales Defenses | Marijuana Attorney
If you have been charged recently and are reading this now, understand first that a charge is not a conviction. There is hope and with a qualified Marijuana Sales Attorney defending you, your chances of getting your charges dismissed, reduced, or good outcome in your case significantly increase.

You have a constitutional right to an Arizona criminal defense Attorney. A good Arizona Marijuana Attorney will fight to defend you, challenge the prosecution's case, and do everything possible to protect your rights, future and freedom. Top Arizona drug defense, criminal defense, and Marijuana lawyers know which defenses to use to most effectively defend your Marijuana sales charges. Defenses and the law should not "secrets" only to be shared if you retain that criminal defense attorney. Every situation is different and carries its on set of circumstances, but Marijuana sales charges can and do get dismissed even if it seems like the odds are against you. An experienced criminal attorney will do everything possible to get your charges dismissed, use every defense possible to challenge the evidence and get the charges dropped, reduced, or the best possible outcome in your case.

Continue reading "Arizona Marijuana Sales Laws" »

November 9, 2010

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 Chandler DUI Attorney will have a compelling legal argument to pursue for dismissal of your Chandler, AZ DUI charges.

Chandler DUI
This is just one of many factors a Chandler DUI lawyer will examine and challenge in your Chandler DUI defense. But you will not get that benefit without a good Chandler DUI criminal defense or Chandler DUI lawyer. DUI Charges in Chandler AZ are serious, and carry some of the harshest penalties in the country. If you were charged or arrested for a Chandler DUI you will need an experienced Chandler DUI Attorney or an Arizona Attorney who defends charges frequently in the Arizona courts, to defend your Chandler 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. 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:

Top DUI Defenses

ILLEGAL STOP OF PERSON OR VEHICLE - Were you legally stopped by the Chandler 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 Chandler 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.

WEAVING WITHIN THE LANE - Were you stopped because your vehicle weaved within your driving lane?
Weaving once without crossing any divider lane lines is not a violation of the law. Your Chandler DUI defense attorney may file a motion 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. 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 do not justify a reasonable suspicion to for a DUI stop. Many factors can cause the swaying or weaving of a vehicle within the driving lanes including strong winds, vehicle misalignment, attempting to avoid an accident because another car was infringing on a driver's lane, and more. Therefore, the police can not justify a DUI stop for that reason alone and no other driving infractions.

CHANGING LANES WITHOUT USING YOUR TURN SIGNAL - Were you stopped because you did not 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 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. In fact Arizona Law supports this theory 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 keywords in this language are "in the event any other traffic may be affected by the movement." The argument your DUI lawyer representing you in Chandler would be that no traffic was affected, because no traffic existed.

DRIVER FATIGUE: Did the police stop you because you appeared tired at the wheel?
Drivers can simply be fatigued for hundreds of reasons rather than under the influence of drugs or alcohol. Driving fatigued can produce many of the same signs as impaired driving under the influence of drugs or alcohol. However, it is not a crime to simply be fatigued while driving. If that was the only reason for the DUI stop, your Chandler DUI Attorney may file a motion to dismiss the charges.

Chandler DUI Lawyers
To go through the criminal justice process or Chandler Court unrepresented by a good Chandler 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. Their job is not to help you get a good outcome or find a reason to dismiss or defend your Chandler DUI charges. Many of the best Arizona DUI Attorneys agree that if you face DUI charges in Chandler AZ, you should retain an Arizona DUI lawyer to defend your case, preferably one who defends DUI charges often in Chandler Court. Without the qualified defense of an experienced DUI attorney, you are setting yourself up for a swift and harsh DUI conviction. 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.

Continue reading "CHANDLER DUI LAWYERS | TOP DUI DEFENSES" »

November 8, 2010

CRIMINAL ATTORNEY ARIZONA

You have protected rights under both Federal and Arizona State Constitutions. A good Arizona criminal attorney will make sure your rights are protected throughout the criminal justice system. Be careful not to waive any of your rights without the presence and guidance from your Arizona criminal defense or DUI Lawyer.

Arizona has some of the toughest laws and penalties for criminal and DUI charges. If you face criminal charges or were arrested for an Arizona DUI or criminal charges in, you need to retain an attorney who has a vast amount of experience and knowledge of Arizona laws, your constitutional rights, the prosecution, judges, Arizona criminal justice system, procedures and required protocol; and most importantly the defenses that can be used to attempt to get your charges dismissed, reduced or the otherwise best outcome in your case.

Arrested in Arizona: What Happens After an Arrest?

• First, for an Arizona arrest to be legal, the police must have "Probable Cause". This means that the officer has reasonable belief that a crime was committed and you were the one who committed it. If that is the case, you will be arrested and taken into police custody. An arrest does not mean you are or will be convicted in an Arizona Court of Law.

• Booking - fingerprints taken, photograph or mug shot, some ID questioning, past criminal convictions research, and to check if you were on probation or parole at the time of your arrest.

• Arraignment - This is the initial court appearance. At this stage you have formally been charged, but not convicted of the crime and the processing criminal justice system time-lines begin. This is where you may plead 1) guilty, 2) not guilty, or 3) no contest (no contest is when you do not admit guilt on the charges, but you are telling the Arizona Court that you do not dispute the charge either).

• Resolution - 1) Charges dismissed; 2) negotiated plea agreement for reduced charge or sentencing; 3) Trial

• Sentencing - 1) If you are guilty or have agreed to a negotiated plea agreement you will receive sentencing or penalties by the Judge. The Arizona judge has complete discretion to order any sentence that falls within the sentencing range of the crime found guilty.

Arizona Criminal Rights
You have protected rights both under Federal and State constitutions. It is very important that you do not "waive" any of your protected rights without the presence or counsel of an attorney. If you decide to waive any of your rights, you may jeopardize your case and any defenses that otherwise could have used to attempt to get your Arizona criminal charges dismissed or evidence suppressed in your defense. You are not required to assist the police in making its case stronger against you. Some of the common rights you have are listed below and not all inclusive:

1) The right to remain silent;
2) The right to defense by an attorney;
3) The right not to answer questions without your criminal defense attorney present;
4) Your Miranda Rights must be read to you if you are arrested;
5) The right to enter a "Not Guilty" Plea
6) The right to obtain and produce exculpatory (evidence favorable to your defense) evidence at trial;
7) The right to trial by jury;
8) The right to defend your criminal or dui charges before trial;
9) The right to avoid self-incrimination;
10) In the event of trial, the right to cross-examine or confront a witness testifying against you. It is highly recommended that you leave this to your qualified AZ criminal defense attorney with experienced litigation skills.

Criminal Defense Attorney AZ
One of your most important rights is your right to retain a criminal attorney for your Arizona DUI or other criminal offense. Don't waive it. Your future depends upon it. Arizona DUI and Criminal laws, and penalties are strict and harsh. It is unwise to go through the Arizona criminal justice system and to Arizona Courts without good legal representation by a criminal defense or DUI lawyer in Arizona. It makes the prosecution's job easier and it is a fast track to a certain conviction. The criminal justice system is a vast maze of procedures, time-lines and protocol. You risk the chance of saying or doing something that will unknowingly harm your case. There is no substitute for an experienced Arizona criminal attorney skilled in litigation. An experienced Arizona criminal Attorney or DUI lawyer will be able to gather and examine all the evidence, determine the best defenses to use based on your set of circumstances, and build a strong defense case against the prosecution on your behalf. Retaining a good criminal attorney for your Arizona criminal charges or AZ DUI will drastically increase your changes of getting your charges dismissed, reduced or the otherwise best possible outcome in your case.

Continue reading "Arizona Arrest | Criminal Defense | Criminal Rights " »

November 7, 2010

To make a DUI arrest in Mesa, the Police Officer must have "probable cause" to make an arrest. This is a higher standard than "reasonable suspicion" needed to make a DUI stop. If your DUI defense attorney in Mesa files a motion to dismiss for lack of "probable cause" to arrest, and the Mesa Court agrees, then what occurred after the arrest including breath or blood test then is not admissible or relevant. Depending on the circumstances your Mesa DUI lawyer has a compelling argument to make which may lead to a total dismissal of your Mesa AZ DUI charges.

Mesa DUI
This is just one of many factors a Mesa DUI lawyer will examine and challenge in your Mesa DUI defense. But you will not get that benefit without a good Mesa DUI criminal defense or Mesa DUI lawyer. DUI Charges in Mesa AZ are serious, and carry some of the harshest penalties in the country. If you were charged or arrested for a Mesa DUI you will need an experienced Mesa DUI Attorney or an Arizona Attorney who defends charges frequently in the Arizona courts, to defend your Mesa 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. 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:

Top DUI Defenses - To Name a Few

ILLEGAL STOP OF PERSON OR VEHICLE - Were you legally stopped by the Mesa 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 Mesa 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 MESA POLICE DID NOT HAVE PROBABLE CAUSE TO MAKE THE ARREST - Was there probable cause to arrest you?
The Mesa 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.

BLOODSHOT AND WATERY EYES - Did the officer claim your eyes were bloodshot or watery?

The police officer would need to have known how your eyes typically look on a daily basis. This appearance of your eyes may be normal for you. There are a variety of reasons that exist for discoloration, bloodshot or watery eyes including, smoke, allergies, flu symptoms, or simple fatigue. The police officer will be forced to admit that they don't know how long you had been awake, what eye strain you may have had during the day, or what other factors existed that contributed to cause the appearance of watery or bloodshot eyes. "Glassy eyes" are not indicated as a clue of cause being intoxication by the National Highway Traffic Safety Administration (NHTSA). A 1997 NHTSA study bloodshot eyes were removed from the list of impairment clues since there were so many other possible causes exist besides excessive alcohol.

DUI Defense Attorneys Mesa, AZ
To go through the criminal justice process or Mesa Court unrepresented for your DUI charges by a good Mesa DUI lawyer or criminal defense attorney, is simply a recipe for a swift DUI conviction. Without the defense of a qualified Mesa DUI lawyer you are putting your life, freedom and future into the arms of the person who wants to convict you. That is, the Mesa 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 Mesa DUI charges dropped. They work closely with the police to convict you.

Many of the best Arizona DUI Attorneys agree that if you face DUI charges in Mesa AZ, you should retain an Arizona DUI lawyer to defend your case, preferably one who defends DUI charges often in Mesa Court often. Without the qualified defense of an experienced DUI attorney, you are setting yourself up for a swift and harsh DUI conviction. 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

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November 6, 2010

WHY YOU SHOULD FIND A GOOD
MESA CRIMINAL LAWYER IF YOU FACE FELONY CHARGES

You have a constitutional right retain a criminal defense lawyer who defends felony charges in the Mesa Arizona criminal justice system and courts. Choosing a criminal attorney to defend your felony charges in Mesa AZ may be one of the most important decisions you will make in your life. Select one that you feel will protect your rights, fight to get the charges dismissed, reduced, or the otherwise best possible outcome in your case. Here are the reasons why:

Felony Charges Mesa AZ
Felony Charges in Arizona are always very serious criminal offenses and are aggressively prosecuted by city, state and county prosecutors. The best way to protect yourself and preserve your freedom is to hire a highly trained, qualified, proactive and experienced Mesa Criminal Attorney. Mesa AZ felony convictions usually carry steep prison sentences. Some involve long term or life time incarceration in prison; exorbitant fines and fees; and a criminal record that will follow you and adversely effect you for the rest of your life depending on the severity and nature of the crime for which you were convicted.

Felony Sentencing in Mesa
Mesa categorizes crimes into six classifications, with Class 1 being the most severe of crimes which carry the harshest sentences. If convicted, most AZ felony prison sentences are served in a state prison rather than in a county jail. The felony sentencing and term is dictated by the nature and severity of the criminal charges for which you were convicted. Each felony class includes a range from the minimum term to the maximum term of prison time the convicted defendant will be required to serve.

Mesa Felony Laws
Felony Laws in Mesa Arizona are strict, and penalties harsh. Definitions, Classifications, Sentencing guidelines, and Penalties are comprehensive. They are fall under the rules of authority of Arizona State Law and criminal code: Title 13 - Criminal Law http://www.azleg.gov/ArizonaRevisedStatutes.

Felony Attorney AZ | Mesa Criminal Defense
If you have been arrested or charged with a felony in Mesa AZ you will need to retain the legal representation of an experienced criminal defense attorney in Arizona or AZ felony attorney. Your future depends on it. Mesa felony charges are not the type of charges you want to go at alone. Without proper legal representation, you pave the way for a swift and harsh conviction and sentence.

An attorney may graduate from the highest ranking law schools in the country, and that is admirable. But there are some things no Mesa criminal attorney can learn in school. You should look at the big picture of the attorney's credentials. There is no substitute for litigation experience, familiarity with the criminal justice system and courts, knowledge of the ever changing Arizona Laws, familiarity with the judges and prosecutors in the jurisdiction you were arrested for or received the felony charges. Be sure to select an Arizona Attorney who defends cases in Mesa who has a vast amount of litigation experience, knowledge, skill, confident, proactive, and one who has the ability to build solid defense on your behalf. Choosing your Mesa criminal attorney may be one of the most important decisions you will make relating to your felony charges in Mesa, AZ, and one that will affect the rest of your life. Choose one that you feel confident will protect your rights, fight to get the charges dismissed, reduced, or the otherwise best outcome in your case.

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November 5, 2010

To make a DUI arrest in Tempe, the Police Officer must have "probable cause" to arrest you. A Tempe 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 Tempe DUI defense files a motion to dismiss for lack of "probable cause" to arrest, and the Tempe 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 Tempe DUI lawyer has a compelling argument which may lead to a total dismissal of your Tempe AZ DUI charges.

Tempe DUI Laws
DUI Charges in Tempe AZ are serious, and carry some of the harshest penalties in the country. If you were charged or arrested for a Tempe DUI you will need an experienced Tempe DUI Attorney or an Arizona Attorney who defends charges frequently in Tempe Court and criminal justice system to defend you. Tempe 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 Tempe 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 Tempe 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 TEMPE POLICE DID NOT HAVE PROBABLE CAUSE TO MAKE THE ARREST - Was there probable cause to arrest you? The Tempe 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.

PORTABLE BREATH TEST INADMISSIBLE
Did the police charge you with a DUI based upon the results of a Portable Breath Test Unit exclusively? Arizona does not allow the results of the Portable Breath Test (PBT) to be used against you as a form of admissible piece of evidence. The PBT is not maintained or calibrated and not considered reliable evidence. It is generally intended for use as a preliminary test, used only in conjunction with other DUI tests or admissible breathalyzer unit testing. If your DUI charges were based exclusively on the results of the portable breath test unit, the evidence can be suppressed with regard to those results.

Tempe DUI Defense | DUI Attorney Tempe, AZ
To go through the criminal justice process or Tempe Court unrepresented for your DUI charges by a good Tempe DUI lawyer or criminal defense attorney in Tempe is simply a exposing yourself to potentially swift and certain conviction. Without the defense of a qualified Tempe DUI lawyer you are putting your life, freedom and future into the arms of the person who wants to convict you. That is, the Tempe 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 Tempe DUI charges dropped. They work closely with the police to convict you.

Many of the best Tempe AZ DUI Attorneys agree that if you face DUI charges in Tempe AZ, you should retain an Arizona DUI lawyer to defend your case, preferably one who defends DUI charges often in Tempe 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 Tempe, 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 arrested for any Tempe DUI other criminal charge, 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 and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Tempe Arizona and valley wide within Maricopa County.


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November 4, 2010

Weapon Charges Tempe AZ Criminal Defense Attorney

"Retaining a good Tempe criminal attorney who defends weapons charges in the Tempe Criminal Justice System will greatly increase your chances of a getting a good outcome in your case."

Weapon Charges in Tempe AZ
Tempe AZ weapons charges and Gun charges are commonly paired with other criminal charges at the same time which involve a weapon or firearm. Weapon charges and gun charges can be very serious. If you were arrested or charged with any type of weapon or firearm offense in Tempe AZ you should consult an experienced Tempe AZ Criminal Defense attorney who defends weapons charges frequently in Tempe AZ court through the Tempe criminal justices system frequently. Most of the best Tempe criminal attorneys will provide a free consultation. You can discuss your charges, potential penalties if convicted and defense options. Tempe convictions for a felony weapon charges can carry severe penalties including jail or prison terms.

Some of the more serious felonies that involve weapons for which sentencing will be harsh include but are not limited to the following:

• Unlawful Discharge of a Firearm
• Endangerment
• Aggravated Assault
• Using a Weapon in a Threatening Manner
• Felon in Possession of a Firearm
• Assault with a Deadly Weapon
• Armed Robbery or Burglary
• Possession during commission of other crimes not listed above

Below are types of stand alone Tempe AZ weapons offenses including guns and firearms include but are not limited to the following and generally classified as

Misconduct Charges:
• Prohibited possessor
• Prohibited firearms
• Illegal in possession
• Altered serial number

Tempe AZ Weapons and Firearms Defined (not all inclusive)
Dangerous or deadly weapon: Any weapon designed for lethal use, including firearms. Common items such as knives and guns fall under the Arizona definitions. And depending on the circumstances, the law also includes items such as baseball bats or vehicles.

Prohibited weapons: These are weapons that are completely illegal in the state of Arizona which include but are not limited to: short barrel shot guns, grenades, rockets, bombs, poison gas, and nun-chucks.

Firearms:
These are defined as any loaded or unloaded gun, pistol, rifle, shotgun, or any other device designed to expel a projectile.

Explosives:
dynamite, nitroglycerine, black powder, or plastic explosives.
(Definitions paraphrased from A.R.S. www.azleg.state.az.us)

Weapon Laws, Gun Laws, Firearm Laws Tempe AZ
There are many different types of weapon charges and circumstances that may involve weapons or guns charges. Weapon charges in Arizona are comprehensive and specifically defined and classified under the State Weapons laws. Tempe AZ, Weapons charges are governed by the rules of authority of Arizona State Law and criminal codes:

"A.R.S. Chapter 31 WEAPONS AND EXPLOSIVES
13-3101 through 13-3120"
(Citations from www.azleg.state.az.us)

Weapon Charges, Gun Charges Defense Lawyer Tempe AZ
Due to their potentially serious nature and penalties if convicted you should consult a Tempe AZ criminal defense, weapon's charge defense attorney or attorney who defends weapon charges often in Tempe criminal justice system and Tempe courts, if you have been charged or arrested for any weapon charge.

Your Tempe, AZ criminal defense attorney will be the barrier between you and the police and prosecution. A good Tempe criminal defense lawyer will be your voice, tell your side of the story, make sure your rights are not violated, make sure you are treated fairly, gather and examine all the facts surrounding your case, make sure your constitutional rights have not been violated, tell your side of the story through proper legal channels. An experienced weapons charge defense attorney can present compelling arguments in negotiations, hearings, trials, and through motions and make every effort to protect you against the harshest penalties for weapons crimes in Tempe. Retaining a good Tempe criminal attorney who defends weapons charges in the Tempe Criminal Justice System will greatly increase your chances of a getting a good outcome in your case.

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November 3, 2010

A good Gilbert DUI defense attorney will investigate to determine if the police met the standards needed for "probable cause". If not, an experienced Gilbert DUI defense Attorney will aggressively challenge the arrest and present compelling arguments necessary to lead to a dismissal of your DUI charges.

If you were arrested in Gilbert AZ for DUI, you should consult a Gilbert DUI Attorney or criminal attorney who defends cases often in Gilbert Court and through the criminal justice system. Most qualified Gilbert criminal attorneys and DUI defense attorney who defend DUI charges in Gilbert AZ provide free consultations. They should give you helpful information about your Gilbert DUI charges, and defense options.

Probable Cause for Arrest | Gilbert DUI
The fourth amendment of the United States Constitution specifically requires among other things, that arrests and arrest warrants be supported by Probable Cause. Note that "probable cause to arrest" is a higher standard than "reasonable suspicion to stop" or detaining a driver for DUI or other questioning. From a Gilbert DUI charge defense standpoint, your Gilbert DUI Attorney may be able to get your Gilbert, AZ DUI dismissed by using one, more or a combination of strategic defenses. One common defense is known as "No Probable Cause for Arrest". By law, the police must have "reliable information which "would lead a reasonable person to conclude that criminal activity has been or is being committed prior to the arrest". Unless probable cause exists, the arrest is unconstitutional and therefore invalid.

Probable Cause | What it Means
Probable cause means the police need to have actual evidence and facts including but not limited to such evidence as field sobriety tests, breath tests, and/or chemical tests results and possibly more based on the circumstances that led to your Gilbert AZ arrest. The Gilbert Police need to have "enough to cause a reasonable person to believe that a crime has been committed." The Gilbert Judge and Court need to hear this actual evidence and the specifics that the felt gave cause for your arrest. Assumptions, accusations, opinions, biased unsubstantiated conclusions, and evidence that can not be measured is not acceptable and does not meet the standard of "probable cause for an arrest". A good Gilbert DUI defense attorney will investigate to determine if the police met the standards needed for "probable cause". If not, an experienced Gilbert DUI defense Attorney will aggressively challenge the arrest and present compelling arguments necessary to lead to a dismissal of your DUI charges.

Arizona DUI Penalties
The Arizona State Laws govern DUI Charges for Gilbert AZ, Maricopa County and Arizona.. Arizona DUI laws are strict and penalties are among the most severe in the United States.

A DUI conviction has such negative impacts on your life as job loss, job suspension, or future job opportunities, loss of driver's license, costly fines and fees, mandatory incarceration in jail or prison, court ordered ignition interlock devices to be installed in your vehicle at your expense, probation, treatment or counseling, and any other penalties the Gilbert AZ court deems necessary based on the circumstances surrouding your charges.

Sentencing for a conviction is based a based on a host of factors including but not limited to your past criminal record; first time or repeat offense; misdemeanor DUI or felony DUI; aggravated factors surrounding the DUI including DUI with accident or injury, drunk driving with a person aged 15 or younger; other offenses charged at the time of the DUI arrest; and many other variables surrounding your Gilbert DUI charges and Gilbert DUI arrest.

Arizona DUI - Defenses
It is important to remember that just because you were charged with a Gilbert DUI does not mean you are or will be convicted of that offense. Simply put, a charge is not a conviction. DUI charges can be challenged. This is best done by retaining good DUI defense Lawyer in Arizona you can fight your charges, challenge the evidence to try to get your case dismissed, charges reduced, or otherwise a better outcome in your case, than if you have not hired an attorney. One key to a winning defense is early retention of your DUI defense attorney.

There are many defenses that can be used, and issues that can be challenged. Some of these defenses are listed and discussed in detail in the "Arizona Winning Defense Strategies" ©" and "101 DUI Defense Strategies"© Books, written by a experienced DUI Defense Attorney and Arizona DUI defenses Author, James Novak, whose law firm is 100% devoted to defending DUI and criminal charges in Maricopa County. Abridged versions of all three books can be downloaded free of charge at www.arizonacriminaldefenselawyer.com.

The most effective defense strategy for your Gilbert DUI charge will be determined by your qualified Arizona DUI Attorney defending your case. An experienced DUI defense Attorney will strategically choose the appropriate defenses based the particular circumstances surrounding your Gilbert DUI charges and arrest, after obtaining and examining all the evidence and facts. Your Arizona DUI lawyer will present it with compelling arguments to the judge, Gilbert Court, prosecution through the proper legal channels and criminal justice system.

DUI Defense Attorney Gilbert | Criminal Justice System
Your chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome drastically increases with the retention of a good Arizona Criminal Defense who defends cases in Gilbert or Gilbert DUI Attorney, Many people consider the Gilbert Arizona criminal justice system and Gilbert Court to be a maze of complex rules, guidelines, and protocols. You will need an experienced Arizona criminal defense attorney or Arizona DUI lawyer who regularly defends Arizona DUI charges through the criminal justice and court systems. A good Gilbert DUI defense Lawyer will investigate, examine all evidence, build a strong defense challenge charges and the evidence, attend Motor Vehicle Hearings, Arraignments, Pre-trial Conferences, Suppression or Evidentiary Hearings, defend you at trial if a trial is needed and you have arranged in advance for your attorney to do the trial. In sum, the best Arizona DUI attorneys will do everything possible to get your Arizona DUI charges dismissed, reduced, or the best alternative outcome in your case.

Continue reading "DUI ARREST | GILBERT DUI | CRIMINAL DEFENSE" »

November 2, 2010

CRIMINAL DEFENSE

"An experienced DUI defense Attorney will strategically choose the appropriate defenses based the particular circumstances surrounding your Phoenix DUI charges and arrest."

Arizona DUI Arrest
If you were arrested in Phoenix AZ for DUI, you should consult a Phoenix DUI Attorney or criminal attorney as soon as possible. Most qualified Phoenix criminal attorneys and DUI defense attorney who defend DUI charges in Phoenix AZ provide free consultations. You will get helpful information about your charges, potential sentencing, and defense options.

There are many defenses that can be used, and issues that can be challenged. Some of these defenses are listed and discussed in detail in the "Arizona Winning Defense Strategies" ©" and "101 DUI Defense Strategies"© Books, written by a experienced DUI Defense Attorney and Arizona DUI defenses Author, James Novak, whose law firm is 100% devoted to defending DUI and criminal charges in Maricopa County. Abridged versions of all three books can be downloaded free of charge at www.arizonacriminaldefenselawyer.com.

From a defense standpoint, your Arizona DUI Attorney may be able to get your Arizona DUI dismissed by using one, more or a combination of defenses. One common defense is "No Probable Cause to Arrest". By law, the police must have "reliable information which "would lead a reasonable person to conclude that criminal activity has been or is being committed prior to the arrest". Unless probable cause exists, the arrest is unconstitutional and therefore invalid. The fourth amendment of the United States Constitution specifically requires among other things, that arrests and arrest warrants be supported by Probable Cause". Note "probable cause to arrest" is a higher standard than "reasonable suspicion to stop" or detaining a driver for DUI or other investigation or questioning.

Probable Cause for Arrest
Probable cause means the police need to have actual evidence and facts including but not limited to such evidence as field sobriety tests, breath tests, and/or chemical tests results based on the circumstances. The law enforcement official needs to have "enough to cause a reasonable person to believe that a crime has been committed." The Phoenix judge and Court need to hear this actual evidence and the specifics that led to your Phoenix arrest. Assumptions, accusations, opinions, biased unsubstantiated conclusions, and evidence that can not be measured is not acceptable or probable cause for an arrest. A good private practice Arizona DUI defense attorney will investigate to determine if the police in fact had such enough evidence to meet this standard. If not, a good Phoenix DUI defense Attorney will aggressively challenge the arrest and present compelling arguments, file motions, and take the legal and assertive actions necessary to get your DUI charges dismissed.

Phoenix DUI Penalties
The Arizona State Laws apply to DUI Charges in Phoenix AZ, and all counties in Arizona. A DUI conviction of any kind can have such negative impacts on your life as loss of job or future job opportunities, loss of driver's license, costly fines and fees, mandatory incarceration in jail or prison, court ordered ignition interlock devices to be installed in your vehicle at your expense, probation, counseling, and any other penalties the Phoenix AZ court deems necessary. The sentencing is based a based on a host of factors including but not limited to criminal history; first time or repeat offense; misdemeanor DUI or felony DUI; aggravated factors surrounding the DUI including DUI with accident or injury, drunk driving with a person aged 15 or younger; other offenses charged at the time of the DUI arrest, and other factors.

Arizona DUI - Defenses
It is important to distinguish the fact that an Arizona DUI charge is not a conviction. You can challenge your DUI charges. This is best done utilizing a good DUI defense Lawyer in Arizona you can fight your charges, challenge the evidence to try to get your case dismissed, charges reduced, or otherwise a better outcome in your case, than if you have not hired an attorney.

Defense strategies are determined by your qualified Arizona DUI Attorney who will be defending your case. An experienced DUI defense Attorney will strategically choose the appropriate defenses based the particular circumstances surrounding your Phoenix DUI charges and arrest. Your Arizona DUI lawyer will present it with compelling arguments to the judge, Phoenix Court, prosecution through the proper legal channels and criminal justice system.

DUI Defense Attorney Arizona and the Criminal Justice System
Your chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome without a good Arizona Criminal Defense or DUI Attorney are slim to none. The Arizona criminal justice system can be a maze of complex rules, guidelines, and protocols. You will need an experienced Arizona criminal defense attorney or Arizona DUI lawyer who regularly defends Arizona DUI charges through the criminal justice and court systems. A good Arizona DUI Lawyer will investigate, examine all evidence, build a strong defense challenge charges and the evidence, attend Motor Vehicle Hearings, Arraignments, Pre-trial Conferences, Suppression or Evidentiary Hearings, defend you at trial if a trial is needed and you have arranged in advance for your attorney to do the trial. In sum, the best Arizona DUI attorneys will do everything possible to get your Arizona DUI charges dismissed, reduced, or the best alternative outcome in your case.

Continue reading "ARRESTED FOR DUI | PHOENIX DUI ATTORNEY " »

November 1, 2010

ARIZONA DUI ATTORNEY

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 it is determined that the police did not have a justified legal reasonable suspicion, then your Arizona DUI lawyer has a compelling argument to press for dismissal of your Arizona DUI charges.

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

Arizona DUI Charges
This is just one of many facets of an Arizona DUI charge to examine and challenge in your defense. But you will not get that benefit without a good Arizona DUI criminal defense or DUI lawyer. DUI Charges in Arizona are serious, and carry some of the harshest penalties in the country. If you were charged or arrested for DUI in Arizona you will need an experienced Arizona DUI Attorney to defend your AZ DUI charges. Your Arizona DUI lawyer will evaluate the many factors in your defense. 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 - Did the police legally stop you?
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 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.

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 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 to arrest you?

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.
Arizona DUI Attorney

Showing up to court unrepresented by a good criminal or DUI legal representation is putting your putting your hope in the hands of the person who wants 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 an and this is not an offense that you want to have processed through the Arizona Criminal Justice or Arizona Courts without the 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.

Continue reading " ARIZONA DUI LAWS | TOP DUI DEFENSES" »