December 2011 Archives

December 19, 2011

"What you know about Phoenix DUI Task Force Stops may help you avoid a DUI and Phoenix DUI Conviction"

Phoenix AZ DUI Charges
If you were arrested at a Phoenix DUI for DUI, DWI or Drunk Driving charges, you should contact a Phoenix criminal defense or DUI attorney as soon as possible. Arizona DUI laws and penalties are some of the toughest in the country. DUI convictions can expose you to jail time, and other harsh punishments. Most experienced Phoenix DUI Lawyers provide a free consultation for those who face Phoenix DUI or Criminal Charges. In the least you should contact them to discuss your charges and defense options.

DUI arrest at a Phoenix DUI Task Force
Phoenix DUI Sobriety Checkpoints, (also called DUI Safety checks or DUI roadblocks) are set up at specified locations, decided by City/County officials and law enforcement agencies. Usually they take place during holidays or weekends when traffic volumes are expected. Arizona is one of a majority of states in the Country who conducts these DUI Sobriety Checkpoints. Arizona adapted from the National Highway Traffic and Safety Administration (NHTSA) guidelines to use in accordance with city and state laws.

Difference between DUI Task Force Stops and Phoenix DUI Stops
The main difference between a DUI stop and a DUI Task Force stop are the obvious events that lead to the DUI stop. In a DUI task force or roadblock situation, Police do not need "reasonable suspicion" that someone is driving drunk or DUI, in order to stop the vehicle to investigate further.

DUI Task Forces set up road blocks in specified location decided in advance and organized by Phoenix City Officials and Law Enforcement Agencies. The primary purpose of them is to seek out and arrests persons driving drunk, or driving impaired due to alcohol or drugs. The vehicles the police will stop at a DUI Road Block are decided in advance by city, or county officials in conjunction with DPS and law enforcement agencies in that area.

According to the NHTSA guidelines, adapted by Arizona, the determination must be made by means of a mathematical formula of sorts. For example, will stop every first, second, third, or every other vehicle passing through the DUI roadblock. Police need no other reason to make the pre-determined DUI stop in that event.

In a situation where the police pull a driver's vehicle over while they are driving due to suspicion of DUI, DWI, or Drunk Driving, the police must have "reasonable suspicion" that a crime is in progress or other violation of the law has occurred. The US Supreme Court held that an officer must have "reasonable suspicion" that a criminal offense or traffic infraction has occurred in order to stop and detain a driver for investigation.
With regard to penalties, there is no difference between a conviction resulting from a DUI Task Force arrest and an arrest made from a DUI stop.

Phoenix DUI Defense Lawyer
By law you are innocent until proven guilty, and have the right to defend your charges, no matter what the circumstances led to the DUI stop. But without legal representation by an experienced Phoenix DUI lawyer, there is little chance your DUI will be dismissed. A good criminal defense attorney will make sure you are treated fairly, defend your rights and build a solid defense on your behalf.

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Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
(480) 413-1499

www.Arizonacriminaldefenselawyer.com
www.novakazlaw.com
www.arizonacriminaldefenseattorneyblog.com
www.phoenixduilawyerblog.com

Arizona DUI, DWI, Drunk Driving & Criminal Defense Firm
Serving Tempe, Mesa, Chandler, Gilbert, Mesa, Phoenix & Scottsdale AZ
Free Consultation! Call (480) 413-1499

December 7, 2011

"You have the right to a DUI defense, no matter what circumstances led to your Tempe DUI arrest: Your chances of getting your DUI charges dismissed increase drastically when you are being defended by a good Tempe DUI lawyer."

Tempe DUI Charges
If you were arrested by a Tempe DUI Task Force on DUI - DWI charges, you should consult a Tempe DUI lawyer to defend your charges as soon as possible. Arizona has some of the toughest DUI - DWI laws and penalties in the country. Currently all types DUI charges, if convicted carry jail sentencing, and other harsh penalties. Most experienced DUI Lawyers and criminal defense attorneys in Tempe AZ will provide you with a Free Consultation to discuss your charges and potential defense.

Tempe DUI Task Force- DUI Charges
Tempe DUI Sobriety Checkpoints are set up at pre-determined locations, decided by Tempe city and law enforcement agencies. Generally they are set up around holidays or events that draw high vehicle traffic volumes. Tempe is just one of a majority of cities who participate in staging DUI Sobriety Checkpoints (sometimes referred to as DUI roadblocks or DUI safety checks.) Arizona Sobriety Checkpoints rules apply according to Arizona laws, Constitution and the National Highway Traffic and Safety Administration (NHTSA) guidelines:

Differences between a Tempe DUI Stop and DUI Task Force Stop
The main difference between a DUI stop and a Sobriety DUI Checkpoint stop is the nature of the stop itself and the circumstances leading up to that stop. DUI Task Force stops are DUI Road Blocks that are set up in a particular location decided in advance. The primary purpose of them is to "catch" persons driving drunk, or driving impaired due to alcohol, drugs or other toxic substances. The vehicles stopped at a Task Force are decided in advance by means of mathematical formula or simple numeric pattern. For example, they may decide to stop every other vehicle or every vehicle. In a DUI Task Force situation, police can legally stop the vehicle for a DUI safety check simply because they fall within the pre-determined numbered vehicle. They need no other reason to stop the vehicle to request license and registration from the driver, other than the stop was made because the vehicle fell within the pre-determined number car driving through the road block.

This is different from a situation where the police pull a driver over while they are driving due to suspicion of DUI, DWI, or Drunk Driving. In this case, the police must have "reasonable suspicion" that a violation of the law has occurred. The US Supreme Court held that an officer must have "reasonable suspicion" that a criminal offense or traffic infraction has occurred to stop or detain a vehicle for further investigation, in order to get a conviction.

With regard to consequences, there is no difference in penalties resulting for a DUI task force stop and any other Tempe DUI, DWI or Drunk Driving Conviction.

Tempe DUI Defense Lawyer
You have the right to defend your charges, no matter what the circumstances led to your DUI. However, your chances of getting your DUI dismissed will increase drastically if you retain a good Tempe DUI lawyer to defend you. Arizona DUI laws and charges are complex, and have many factors to be considered. Each is unique. The criminal court system can be a maze of procedures and protocol. Providing a solid defense on your behalf requires being well versed on your case, Arizona DUI laws, and possessing a vast amount of trial and litigation experience in defending DUI charges. Experienced DUI lawyers deal with it and defend cases on a regular basis. They will guide you through the stages of the criminal court case as well as dealing with the Arizona motor vehicle hearing. The best Tempe DUI lawyers conduct their own investigation of the facts, including those events that lead to your DUI arrest. They will determine, tailor and build a defense case that will be the most effective based on your set of circumstances and present compelling arguments on your behalf. Top DUI lawyers in Tempe will make every effort to get your charges dismissed; reduced; and obtained the best possible outcome in your case.

If you "Like" this article please let us know! Feel Free to subscribe and "Share"!

Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
(480) 413-1499

www.Arizonacriminaldefenselawyer.com
www.novakazlaw.com
www.arizonacriminaldefenseattorneyblog.com
www.phoenixduilawyerblog.com

Arizona DUI, DWI, Drunk Driving & Criminal Defense Firm
Serving Tempe, Mesa, Chandler, Gilbert, Mesa, Phoenix & Scottsdale AZ
Free Consultation! Call (480) 413-1499