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.
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.
For more Arizona criminal defense help, DUI defense help, free DUI defense books, and free DUI and criminal defense videos and many DUI Defenses that can be used to get your case dismissed, charges reduced, or evidence suppressed visit WWW.arizonacriminaldefenselawyer.com. There you can download three free "Arizona Winning DUI Defense Strategies" © books written by winning defense Attorney James Novak, which includes "101 AZ DUI Defenses" ©.
If you have been arrested for any Chandler AZ 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 Chandler, Arizona and valley wide within Maricopa County.
This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstances.