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.
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
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 Mesa, 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 Mesa, 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.