Phoenix DUI Lawyer Blog

Scottsdale Marijuana DUI Defense

"The Medical Marijuana Prop 203 passing, will not affect Scottsdale 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".

Scottsdale DUI with Marijuana Charges
The passing of Medical Marijuana Prop 203 law, will not affect Scottsdale 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 Scottsdale DUI laws. If you are stopped by the Scottsdale 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.

Scottsdale Marijuana DUI Laws
Scottsdale Marijuana DUI 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 Medical Marijuana card holder in Scottsdale 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...."

Scottsdale 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 Scottsdale 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 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 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
.
Marijuana DUI Defense Attorney Scottsdale, AZ
The criminal justice system in Scottsdale 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 Scottsdale 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 "Scottsdale AZ Marijuana DUI Laws | Medical Marijuana DUI " »

Chandler DUI Attorney

A Chandler AZ DUI charge is not a conviction. You have the right to fight your Chandler DUI through the criminal justice system. A good Chandler DUI defense Lawyer will challenge the evidence, build a defense, attempt to get your charges dismissed, reduced.

Chandler DUI laws and Chandler AZ DUI Penalties are strict and severe. Even a first time Arizona misdemeanor DUI conviction carries harsh penalties. Arizona Felony DUI convictions and sentencing are so severe, that they can adversely impact the rest of your life. When faced with such charges, some people simply give up hope.

But you should know there is hope for a second chance to freedom and to turn things around. If you have been charged or arrested in Chandler for DUI you should consult a Chandler Criminal Attorney or Arizona criminal defense attorney who defends DUI charges in the Chandler Court and criminal justice system frequently. Most of the best DUI attorneys who defend DUI charges in Chandler provide free consultations. The DUI defense lawyer usually provides information regarding your charges, what to expect and offer you defense options. They will be your ally when you feel the entire criminal justice system and State of Arizona is against you. In the least you will get some direction and piece of mind.

DUI Penalties Chandler, AZ
Chandler DUI penalties can be devastating and have adverse 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 Chandler Court deems necessary and appropriate for your situation. If you are convicted the factors the Chandler 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 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
.
Chandler DUI Defenses
A Chandler AZ DUI charge is not a conviction. You have the right to fight your Chandler DUI through the criminal justice system. A good Chandler 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 Chandler 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 a qualified Chandler DUI defense attorney chooses to use will be tailored and built largely upon the circumstances, details, and evidence surrounding your Chandler DUI charges. Your DUI defense lawyer should then effectively present it with compelling arguments and motions through the proper legal channels.

DUI Defense Attorney Chandler, AZ
Some feel that the Chandler Arizona court and criminal justice system are a maze of strict rules, guidelines, and protocol. You will need strong DUI defense such as an experienced criminal defense attorney or DUI lawyer who regularly defends Arizona DUI charges in Chandler AZ.

Your chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome will increase drastically by retaining a good Chandler Criminal Defense or Chandler DUI Defense Lawyer. They 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 "Chandler DUI Arrest | DUI Laws | DUI Penalties" »

Phoenix Marijuana DUI Defense

The passing of Medical Marijuana Prop 203 does not affect Phoenix 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 Phoenix Marijuana DUI or drug DUI laws. If you are stopped by the Phoenix 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 were 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.

Phoenix Marijuana DUI Laws
Phoenix AZ Marijuana laws fall under the authority of the 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 card holder in Phoenix 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...."

Phoenix 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 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
.
Marijuana DUI Defense Attorney Phoenix, AZ
The criminal justice system in Phoenix 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 Phoenix 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 "Phoenix AZ Marijuana DUI Laws | Medical Marijuana DUI " »

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 " »

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" »

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" »

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 " »

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 " »

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 " »

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 " »

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 " »

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 " »

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 " »

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 " »

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.

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