Recently in Aggravated Felony DUI Category

August 9, 2013

DUI with passengers under age 15 in vehicle raises a DUI to Felony Charges, where penalties are steep.

photo_7587_20081004.jpgDrunk driving can subject you to harsh penalties in Arizona. However, driving drunk with children in the car can lead to even harsher penalties.

Recently, a middle-aged man was stopped in Arizona driving 89 miles per hour in a 65 mph zone. His ten-year-old and twelve-year-old daughters were in the car with him and the sheriff noticed his breath smelled like alcohol. His Blood Alcohol Content (BAC) was .253 percent over 3 times the legal limit for alcohol in Arizona. The man admitted to deputies that he drank a six-pack of beer before driving. He was then charged with aggravated felony DUI, Super Extreme DUI and excessive speed.

An Aggravated DUI charge means that Misdemeanor DUI charges were raised to a felony in violation of Arizona's A.R.S. 28-1383 Aggravated DUI Laws. An impaired driving charge without aggravated circumstances is generally charged as a Misdemeanor. The aggravated factor of having passengers under the age of 15 in the vehicle raise the charges to a felony violation.

Aggravated DUI charges alone are categorized as Class 6 felonies and expose a person to up to 20 days of incarceration; $4,000.00 fines; Driver's License Revocation for 3 years; 2 years Ignition Interlock Device (IID) after driving privileges are reinstated; substance abuse education and counseling; and possible forfeiture of vehicle. These penalties will be more severe if coupled with other DUI or criminal charges, or if they are repeat offenses.

An Extreme DUI is charged when someone has a BAC above 0.150 percent but below 0.199 percent. First-time violations of Extreme DUI convictions expose a person to driver's license suspension for 18 months; fines fees and assessments of $1500.00; 30 days in jail; installation of an Ignition Interlock Device (IID) for 1 year; and substance abuse screening and treatment.

The Super Extreme DUI charge was because his BAC level exceeded 0.20 percent under Arizona Super Extreme DUI Laws A.R.S. 28-1382. A first time DUI conviction with a BAC 0.20 percent or higher, calls for maximum jail terms of 45 days: fines, fees, and assessments of $1750.00; IID for 18 months; driver's license suspension; and substance abuse screening, counseling or treatment.

In Arizona, the higher the BAC, the more severe the sentencing related to most all the penalties. Repeat violations can also result in aggravated DUI charges, and exposes a person to prison sentencing.

The Aggravated DUI in this case may present even harsher penalties if the man is convicted than the extreme DUI charge. When children under the age of 15 are in the car of a drunk driver, a misdemeanor DUI or DWI is automatically charged as a more serious Class 6 felony, even if it is a first drunk driving offense and the driver has no criminal history. This is because of the significant risk to a child's life from being in the car with a drunk driver.

Someone convicted of felony aggravated driving while under the influence, may be sentenced to prison for 2 ½ years. Not only that but he or she must also attend and complete an alcohol education/treatment program, pay a fine of $750 and additional fees of $1750. His or her driver's license will be revoked for 3 years. He or she will also be required to install an ignition interlock device on any car he operates for more than a year. Installation of the device typically costs money, too.

DUI and child endangerment convictions will usually have an adverse impact on civil and parental rights as well as criminal penalties. Convictions may result in a court order reducing of parenting you have with a child, for example if you have joint custody. It can also impact your civil rights such as causing you to be classified as a "prohibited user" due to the felony charge; and other consequential losses.

DUI charges involve multi-facet circumstances, evidence, laws, penalties and consequences. And the punishments can impact your life, and that of your family, adversely for many years into the future. There is a lot at stake in the way of your future and freedoms that you currently enjoy.

Continue reading "Aggravated DUI Laws and Penalties in Arizona " »

June 30, 2012

Aggravated DUI - DWI Charges in Tempe AZ

DUI while driving on a suspended license in Arizona is a felony. Felony DUI charges under ARS § 28-1383 are known as Aggravated DUI charges. Felony DUI charges are serious offenses and can result in harsh sentencing including 4 months jail time, and 3 years revocation in driving privileges. You should always consult an experienced DUI defense attorney before pleading guilty to these charges to discuss the consequences and options for your defense.


ARS § 28-1383: Aggravated DUI Laws


A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person is found guilty of DUI under ARS § 28-1381, ARS § 28-1382 or ARS § 28-1385:

(1) While their driver's license or privileges are:

• Suspended;
• Canceled;
• Revoked;
• Denied:
• Refused; or
• Restricted

DUI Convictions which include driving on an invalid license is a Class 4 felony.


Penalties for Aggravated DUI

Penalties for Felony DUI with an invalid driver's license include:

• Minimum 4 months jail term;
• $3,250.00 Assessments;
• Fines $750.00;
• Driver's License Revocation 3 years;
• 2 years Ignition Interlock Device after license reinstatement;
• Alcohol/Drug counseling or treatment;
• Possible forfeiture of vehicle;
• Possible Community Services

The court may order additional penalties if deemed necessary and appropriate.


Felony DUI Defense Attorney in Tempe AZ

Aggravated DUI convictions have other long term consequences including a felony criminal record, loss of some civil rights such as right to bear arms or right to vote; and other adverse impacts. You should consider invoking your right to defending your charges by pleading "not guilty", at your Arraignment. You should preserve your defenses by invoking your right to remain silent concerning any questioning or interrogation of your DUI after your arrest. If retained, your criminal attorney will protect your rights; and defend your charges; to help you avoid a conviction and harsh sentencing. There may be defenses you are not aware of that help you challenge the charges. In some cases, the DUI can be dismissed; or charges and penalties reduced depending on the circumstances.

Resources http://goo.gl/WLszn

Continue reading "Aggravated DUI - DWI: Consequences of drunk driving on an invalid driver's license " »

September 26, 2011

Why You Need a Good Criminal Attorney that Defends Felony Charges in Chandler AZ

If you have instructions to appear in Arizona Superior Court following a criminal arrest or receipt of summons, this usually means you most likely are facing a criminal felony charges in Arizona. If so, you should consult a criminal lawyer who defends felony charges received in Chandler and regularly defends clients in Superior Court. A felony is a serious matter in Arizona. Felony Charges in Arizona carry some of the harshest penalties in the country. Without effective private criminal defense for your Arizona Superior Court matter, your future and freedom may be in jeopardy. An experienced trial and criminal defense lawyer who defends Chandler criminal felony charges will help resolve your criminal charges so that they have the least impact on your life as possible.

Criminal Arrest for Felony in Chandler AZ
A Chandler criminal arrest is not a conviction. By law you are innocent until proven guilty by the prosecution. You do not have to "prove" your innocence. The Prosecution has the burden of proving you are guilty of the charges. The arrest is just the beginning of the Criminal Stages in the criminal justice process. Chandler police and law enforcement agencies work very closely with the Arizona prosecution to egregiously prosecute felony offenses and get convictions. The best way to protect yourself and preserve your freedom is to hire a highly trained, qualified, proactive and experienced Chandler Criminal Attorney. Chandler AZ felony convictions usually carry steep jail and prison sentences. Depending on the DUI, drug or other criminal charges, you could face long term or life time incarceration in prison; exorbitant fines and fees; and a felony criminal record that will follow you for life in some cases..

Felony Laws, Conviction & Sentencing | Chandler, AZ charges
Chandler Arizona is governed by the laws of the State of Arizona. Criminal charges fall within any one or more of six classifications; with Class 1 being the most severe. A class one felony conviction carries the harshest punishments and longest prison sentences, in many cases life in prison. If convicted of a Class 1 felony, the term of the sentence is usually required to be served in state prison rather than in Maricopa County jail. The felony sentencing and term is dictated by the nature and severity of the criminal charges for which you were convicted. Each felony class includes a minimum and maximum range for the mandatory prison term which is decided by the judge. For felonies, a sentencing hearing date is scheduled following a guilty verdict. This date is set at some point in the future for example 30 days out. A good private criminal defense lawyer will continue to fight for your freedom. They will make sure that you are treated fairly, and work to get you the minimum sentence or attempt to negotiate court orders and sentencing that have the least impact as possible on your life. In many cases, it is too late to bring on board a private criminal defense attorney, if you have not already, because irreparable harm may have been done to your defense case. The key to a successful defense is early retention of your criminal defense attorney, especially in felony cases.

LAW OFFICE OF JAMES NOVAK
DUI & Criminal Defense Lawyer
(Former Prosecutor)
Free Consultation!
(480) 413-1499

Continue reading "Why you must retain good legal representation for your DUI or criminal charges scheduled in Arizona Superior Court." »

July 1, 2011

How some of the best DUI lawyers in Arizona get Arizona Felony DUI charges dismissed
AZ Felony DUI

If you have been charged with a felony DUI in Arizona, you will need to hire an experienced Arizona Felony DUI defense attorney in the municipality where you were arrested or received the charges. These charges are also known as "aggravated DUI charges". You have the right to hire an AZ DUI Lawyer to defend your charges. A good AZ criminal defense lawyer can often get your felony drunk driving charges dismissed or in the alternative get charges and sentencing reduced to have the least adverse impact on your life.

AZ DUI Penalties - Felony DUI / Aggravated DUI
Arizona Felony DUI convictions have higher penalties, increased incarceration of that than a misdemeanor DUI. Penalties may include but are not limited to 4 months or more in Arizona prison; revocation of your driver's license; large fines and fees; ignition interlock device installation in your vehicle at your expense; screening for admittance into a mandatory drug or alcohol treatment inpatient or outpatient program including counseling; probation; and a felony on your criminal record that will follow you for years into the future.

AZ Misdemeanor DUI vs. Felony DUI in Arizona
A large number of DUI charges in Arizona are classified as misdemeanors. A misdemeanor DUI in Arizona escalates to a Felony DUI when the following factors exist and surround your AZ DUI charges:
• The DUI is your third or more within the last seven years;
• You were arrested for DUI while driving on a suspended, revoked or restricted driver's license'
• You were arrested for DUI while driving with a minor age 15 or younger.
• The DUI involved an auto accident with serious injuries or fatality

Defending AZ Felony DUI - Aggravated DUI Charges
The best DUI attorneys or Arizona criminal defense lawyers will examine the following evidence and explore all avenues for challenging the prosecution's case for your AZ felony or aggravated DUI charges *Note, this list not all inclusive and some may or may not apply in every situation:
• Reasonable suspicion of the traffic stop
• Determine the probable cause of the felony DUI arrest
• Validity of any sobriety tests taken
• Qualifications of the arresting officer
• Accuracy of chemical test (blood draw or urine sample).
• Errors or violations of required protocol for blood or urine testing, processing, storage, labeling or transport;
• Accuracy of breathalyzer test results;
• Examination of Calibration, documented records for the breathalyzer machine's prior repairs, as well as routine maintenance;
• Outside factors that existed and had potential to effect validity and accuracy of breathalyzer, or chemical testing results;
• Inadmissibility of any portion or all of the evidence the prosecution intends to use against you;
• Violations of your Constitutional Rights including but not limited to the following: failure of police to give you a second sample for your defense, unwarranted search and seizure of you or your vehicle, failure to let you contact your AZ DUI lawyer at your request and earliest convenience; unnecessary use of force or intimidation.

Felony DUI Attorney in Arizona
After your AZ DUI Lawyer or AZ criminal defense attorney has gathered and examined all the facts, they will determine the course of the best defense strategies to mount. They will present compelling arguments, and appropriate motions that apply in your favor to suppress evidence, reduce charges, or ultimately get your AZ DUI felony charges dismissed.

Continue reading "Defenses for Aggravated DUI (Felony DUI)" »

January 31, 2011

"A good Arizona Felony DUI lawyer educates the court on your defense, file motions, and present compelling arguments in your behalf throughout the Arizona Criminal Justice System. Top Felony DUI attorneys' goal is to get your Felony DUI dismissed, reduced, or otherwise best possible outcome in your case."

Felony DUI Court Process in Arizona
Arizona Felony DUI charges in Maricopa County are handled in the Superior Court. Each county has its own superior court. While the courts generally all follow the same procedures, the names of the hearing and the rules may vary by county. Generally the following apply to Arizona felony DUI cases:

1) Grand Jury Indictment
Felony criminal and DUI charges require a finding of "probable cause". In some cases, probable cause is found by a grand jury. A grand jury is a group of fifteen citizens who are presented evidence by the prosecutor. The grand jury must then decide whether or not there is probable cause of the alleged crime by the accused. At least 9 grand jurors must find that there is probable cause. This is a secret proceeding and the defendant and DUI defense attorney are not entitled to attend. Because of the one-sided nature of this hearing, there are special rules that require the prosecutor to make a fair presentation to the grand jury.

2) Initial Appearance
The initial appearance is generally the first hearing at which the defendant appears in court. It is a brief hearing where the defendant is informed of the charges against them. If arrested, release conditions, if applicable are provided by the judge.

3) Preliminary Hearing
A preliminary hearing is an alternative to a grand jury indictment. At the preliminary hearing the prosecutor presents evidence to the judge in open court. The defendant and Arizona DUI defense attorney are present and the DUI defense lawyer usually cross-examine the state's witnesses such as the police officer. The defense attorney may present its own witnesses. The judge will then determine whether or not probable cause exists. If there is no finding of probable cause, the charges against you for Felony DUI charges are then dismissed.

4) Arraignment
The purpose of the Arizona arraignment is to advise the defendant of the charges for which probable cause were found. It is at this time that the defendant enters a plea of guilty or not guilty. When a case is charged by a grand jury, the arraignment often takes place at the same time as the initial appearance.

5) Pre-Trial Conference
It is during the pre-trial conference that the defense attorney and prosecutor inform the judge the status of the case and any outstanding issues that require resolution by the judge. In some courts, a case that is not resolved by the time of the pre-trial conference may automatically be set for trial. Just because a case is set to trial does not mean it is actually going to go to trial. The Arizona DUI defense attorney may still be investigating the case and negotiating with the prosecution regarding any resolution.

6) Oral Arguments and Evidentiary Hearings
If there is an issue of law that must be decided by the judge a hearing will be requested and set for the judge to hear the arguments regarding the issue. This is an opportunity for the judge to ask the attorneys questions regarding their legal positions. It is also an opportunity for the judge to hear the testimony of witnesses which may be necessary to resolve the legal issue in question.

7) Pre-Trial Management Conference I
The parties are unable to negotiate a resolution of the case, and then it is set for a trial. Many, but not all, courts set a pre-trial management conference approximately one week prior to the trial date. It is during the pre-trial management conference that the Arizona DUI defense attorney and the prosecutor can discuss any last minute issues with the judge.

8) Trial
In Arizona, a person accused of felony DUI is entitled to a trial by a jury of eight to twelve people depending on the offense charged. During a jury trial, the judge makes decision regarding legal questions and the jury makes decisions regarding factual issues. It is the jury who decides whether the prosecutor has proven guilt beyond a reasonable doubt and you are guilty of the charges or not.
A felony DUI trial usually takes 3 to 5 days, although a case could be much longer depending on the issues and the number of witnesses. The jury's decision, whether guilty or not guilty, must be unanimous. It is all or nothing. If the jury is unable to reach a unanimous decision, then the judge will declare a mistrial. If a mistrial is declared, the case will be reset for a new trial.

9) Sentencing
If a person accused of an Arizona felony DUI is found guilty by a jury or guilty by a negotiated plea agreement the matter will be scheduled for a sentencing hearing. Usually sentencing takes place approximately 30 days after the finding of guilt. Prior to sentencing the defendant will meet with a probation officer who will prepare a pre-sentence report for the judge. The pre-sentence report gives the judge background information about the defendant and makes a sentencing recommendation to the judge. Sentencing is an opportunity for both defense and prosecution to present to the judge what they believe to be an appropriate penalty. The judge will then make a ruling and issue a sentencing order. The judge will then make a ruling and issue a sentencing order.

Arizona Felony DUI Defense ׀ Criminal Defense Attorney
Being arrested for a Felony DUI in and of itself is traumatic. But dealing with the aftermath is even more devastating. A good Arizona criminal Attorney will walk you through the maze of hearings, conferences, and protocol. High rated Felony DUI attorneys in Arizona will be your voice, and make sure your story is told, that you are being treated fairly, and do everything possible to assure that the Felony DUI charges have the least possible adverse effects on you as possible.

A good Arizona Felony DUI lawyer educates the court on your defense, file motions, and present compelling arguments in your behalf throughout the Arizona Criminal Justice System. Top Felony DUI attorneys' goal is to get your Felony DUI dismissed, reduced, or otherwise best possible outcome in your case.

Continue reading "DUI Felony Case Stages: Rules of Criminal Procedure" »

September 24, 2010

What a good Arizona DUI Lawyer Who Defends Arizona Felony DUI Charges will do to Defend You.

"Your Best Defense against a Felony DUI Conviction is a good Arizona DUI Lawyer who knows what defenses to use to fight your Arizona DUI Felony Charges."

If you were charged with an Arizona Felony DUI, you will need to consult a DUI Attorney with proven success in defending Arizona DUI cases. The State of Arizona is tough on any kind of DUI, and especially Felony DUI charges. They aggressively pursue convictions and work closely with law enforcement officials and prosecution to get them. The last thing they want to do is help you and your defense. They don't care who you are or how such severe charges would impact your life and future. You should consult an experienced Arizona DUI Attorney who regularly defends Arizona Felony DUI charges. Without a good Arizona criminal Defense lawyer, or Maricopa DUI Attorney, you are at a dangerous disadvantage. Without a good Arizona DUI lawyer, your chances of getting a dismissal, or any reduction in charges are slim to none.

Aggravated DUI, Felony DUI Laws in Arizona
Whether you were arrested for Felony DUI or Aggravated DUI in Phoenix AZ, Mesa AZ, Tempe AZ, Chandler AZ, Scottsdale AZ, Gilbert AZ, Maricopa County AZ or any other county or city in Arizona the rule of law falls under the authority of Arizona State Law and criminal codes in the following citation:

"A.R.S. 28-1383. Aggravated driving or actual physical control while under the influence; violation; classification; definition"

Aggravated DUI, Felony DUI Penalties in Arizona
Felony DUI charges are also known called "Aggravated DUI charges". Felony DUI convictions have much more serious punishments than a Misdemeanor DUI. Arizona Felony DUI or Aggravated DUI convictions carry some of the most severe sentences in the Country. Sentencing can include up to 4 months or more in prison, large fines and fees, restitution, loss of your driver's license, use of Ignition Interlock device on your vehicle, counseling, mandatory treatment programs, probation, and whatever else the court deems necessary. Sentencing for certain types of Aggravated DUI charges carry lengthy incarceration and prison terms.

Felony DUI Arizona Defenses | Aggravated DUI Lawyer
Your best defense against a Felony DUI Conviction is a good Arizona DUI Lawyer who knows what defenses to use to fight for a dismissal of your Arizona DUI Felony Charges. Your Maricopa County Arizona DUI or AZ criminal defense Attorney must have a vast of amount of criminal defense, DUI litigation experience, special training, education, and the ability to use all possible defenses under by Arizona law to build and mount an effective defense case against the Arizona Felony DUI prosecution. With a good Arizona or DUI Lawyer or Criminal Defense Attorney, you may even get your charges dismissed completely, reduced from a Felony to a Misdemeanor, or reduced to something as small as a civil traffic citation. It does not happen every time, but it happens often enough, that it is a big mistake not to hire a good private practice Arizona DUI Lawyer to defend you. Getting a case dismissed or charges reduced, requires dedication, aggressive and experienced legal representation by a proven and successful Maricopa County DUI Attorney, Arizona Felony DUI attorney, or Arizona criminal defense attorney.

There are many, many defenses that can be used, and evidentiary issues that can be challenged in your Arizona Felony DUI charges. Which defenses to use are based on the particular set of facts, the evidence, and circumstances surrounding your Arizona Felony DUI charges. Many of these defenses are cited in detail in the Winning Defense Strategies Book Series ©"#1 Arizona DUI Defense" © and "101 DUI Defense Strategies"© written by successful and proven DUI Defense Attorney, and Author James Novak. Abridged versions of his Arizona winning defense strategies series of books can be downloaded free of charge to the public simply by visiting www.arizonacriminaldefenselawyer.com. Your Arizona DUI defenses and your constitutional rights should be no "secret". A successful defense requires the offense of a good attorney, who is dedicated to defending each and every client, work hard, and have a vast amount of knowledge and experience, and understands which defenses to use when, and under what conditions. You deserve no less, and your have the constitutional right to be defended by an Arizona DUI Attorney.

There is a big difference between knowing your rights and defenses, and actively utilizing those defenses. It must be done in the proper way, through the proper legal channels and in accordance to the maze of court protocol and procedures that are followed. Otherwise the defenses are useless to you. An experienced Arizona DUI Lawyer knows exactly what to do, when and how to do it (which motions to file, when to file them, when to negotiate with the prosecution and under what conditions). Unfortunately, many people make the dangerous mistake of trying to represent them selves without hiring an attorney. A person may have all the best intentions and say or do something they think is helping their case. But in fact, they learn later, they only incriminated themselves further and helped make the prosecutions case stronger to convict them. You have the right to remain silent---use it. Let your Private Practice DUI Attorney or Arizona criminal defense lawyer who defends Felony DUI charges in Arizona Courts on a regular basis do this on your behalf. They will be the wall between you and the prosecution. They will know what to do, when, and how to do it, and is act and speak in your defense on your behalf. With an experienced, dedicated Felony DUI Lawyer, your chances of getting a dismissal, reduction of charges or the best outcome possible will drastically increase. It's something that you can't afford to go without, if you want a second chance at freedom, and to take control of your Arizona Felony DUI.

If you have been charged with any Arizona DUI, Aggravated DUI, Extreme DUI, Second DUI, Third or more DUI charges, DUI Under age 21, Drug DUI, Aggravated DUI with child under 15 in vehicle, Felony DUI, Any Drug Charges, Drug possession charges, Drug sales, Drug Distribution, Drug Trafficking, Drug smuggling, Drug Importation, Drug Transportation, Drug Cultivation, Drug Manufacturing, Misdemeanor Drug charges, Felony Drug charges, Dangerous Drugs, Narcotics, Marijuana, or any other criminal charge including theft, assaults, aggravated assault, domestic assault, sexual assault, police assault, domestic violence, probation violations, robbery, theft, burglary, vehicular assault, weapon charges, gun charges, computer crimes, ID theft crimes, or any other criminal charges 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 James Novak (Former Prosecutor). The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Gilbert, Phoenix, Mesa, Tempe, Chandler, Scottsdale, AZ, and other cities surrounding areas valley-wide in Maricopa County Arizona. 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 circumstance.

August 2, 2010

Defending Tempe Felony DUI Charges

"The Best Possible Defense against Felony DUI or Aggravated DUI Charges is A Good Tempe DUI Lawyer"

If you have been arrested in Tempe Arizona for a Felony DUI, it did not take long for you to find out, how serious the charges are. Arizona DUI laws are extremely tough on Felony DUI offenses also known as Aggravated DUI charges. A conviction will result in very serious adverse impacts that can last a life-time. In order to protect your future and your freedom it is necessary to consult and hire a Tempe DUI attorney with a successful track record of defending and litigating Tempe DUI charges.

The best possible defense against Felony DUI or Aggravated DUI Charges is a Good Tempe DUI Lawyer. The DUI Attorney you choose must a clear understanding of all the defenses that are available under the law to build and mount an effective defense on your behalf. With the right Attorney, under the right circumstances, you may be able to get your charges dismissed completely or in the alternative reduced to lesser charges with lesser penalties. There are many defenses that can be used, and evidentiary issues issues that can be challenged. Many of these defenses are cited and listed in detail with discussion in the Winning Defense Strategies Book Series "#1 Arizona DUI Defense" and "101 DUI Defense Strategies" Books, written by a successful and experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak. Abridged versions of all three books can be downloaded free of charge and no obligation to purchase or hire, just free information at www.arizonacriminaldefenselawyer.com.

Below are examples of just a few categories of defenses that can be used to suppress
Evidence, and used to negotiate with prosecutors to get charges lowered or dismissed completely:

• No Probable cause for arrest
• No Reasonable suspicion for the traffic stop
• Invalid or unreliable field sobriety tests used
• The Officer was not properly certified to conduct lab or other toxicology test
• Mishandling of evidence
• Errors in blood alcohol testing
• Lack of maintenance or records on breathalyzer machine used to read your BAC
• Inadmissible evidence used
• Improper search or seizure conducted
• Violations of your Constitutional Rights in the arrest process or other phases

There is too much at stake to just take a Felony DUI conviction. Although that is what the State and prosecution would want you to do. It makes their job easier when you go unrepresented by a good private practice Tempe DUI Attorney. They are not the ones who must live with the consequences of such conviction. They don't care who you are, or how it will effect you. They just want the conviction. You must have a strong Tempe criminal defense or Tempe DUI Attorney in your corner that knows exactly what needs to be done to protect you and that will draw from their years of experience and litigation, training, education and knowledge of the law, and court protocol to defend you.

Tempe Felony DUI convictions have higher penalties, increased incarceration of that may include 4 months or more in Tempe prison. Additional penalties include:

• Driver's License revocation
• Probation Term
• Mandatory Ignition Interlock device installed at your expense
• Drug/alcohol Counseling or treatment program
• High costs and fees
• Restitution if applicable
• Whatever else the Court deems appropriate

The punishments for any Arizona Felony DUI charge is so severe that some people just give up all hope. But you can give yourself a fighting chance by getting a dedicated defense attorney to provide you with a strong defense. Most good Tempe DUI Lawyers will provide you with a free consultation to discuss your case. Make you will be talking directly with an Attorney and not a sales or administrative staff assistant from the Firm you are interested in hiring. They will be able to give you the guidance and direction you need to make the tough choice ahead of you that is to hire a good DUI attorney and fight for your freedom or be prepared to get the maximum penalty under Arizona Law for an Arizona Felony DUI. A good Tempe DUI Attorney will use every means available to make sure you get the best outcome possible on your case.

If you have been charged with any Tempe Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Tempe DUI, Tempe Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Scottsdale, Tempe criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Tempe Felony DUI Attorney " »

August 1, 2010

Mesa DUI Attorney Who Can Fight Your Mesa Felony DUI Charges

"Your Best Offense against a Felony DUI Conviction is to hire a good DUI Lawyer who is dedicated, experienced and knows what defenses to use to fight your Mesa DUI Felony Charges."

If you were arrested for a Mesa Felony DUI you will need to contact a DUI Attorney with a great deal of experience in defending Mesa DUI charges. Arizona Felony DUI charges are very serious offenses. Mesa Police and Prosecution want convictions. Felony DUI charges are also known as "Aggravated DUI charges". Felony DUI convictions will result in serious punishments with adverse affects on your life that will follow you for years into the future. Mesa Felony DUI convictions have more sever punishments than Misdemeanor DUI. Sentencing for a Felony DUI or Aggravated DUI in Mesa can include up to 4 months or more in prison, on top of other increased penalties such as fines fees, restitution, loss of driver's license, mandatory Ignition Interlock device, probation and whatever the court feels is appropriate based on your circumstances.
Your Best Offense against a Felony DUI Conviction is to hire a good DUI Lawyer who is dedicated, experienced and knows what defenses to use to fight your Mesa DUI Felony Charges. Your Arizona DUI Attorney must have a vast of amount of criminal defense and DUI litigation experience, special training, and education, and the ability to use all possible defenses available under by Arizona law to build and mount a successful defense against the prosecution's Mesa Felony DUI charges against you. With a good Mesa DUI Attorney, you may be able to get your charges dismissed completely, reduced to lesser charges and sentencing, or suppression of evidence they plan to use in an attempt to convict you of a Mesa Felony DUI or Mesa Aggravated DUI. It requires good legal representation by an experienced Maricopa County DUI Attorney who is familiar and practices regularly in Gilbert, Arizona DUI Courts.

There are many defenses that can be used, and evidentiary issues that can be challenged in a Mesa Felony DUI case, depending on your circumstances. Many of these defenses are cited in detail in the Winning Defense Strategies Book Series ©"#1 Arizona DUI Defense" and "101 DUI Defense Strategies"© written by successful and proven DUI Defense Attorney, and Author James Novak. Abridged versions of his Arizona winning defense strategies series of books can be downloaded free of charge to the public simply by visiting www.arizonacriminaldefenselawyer.com. Your Arizona DUI defenses and your constitutional rights should be no "secret". A successful defense requires the right attorney, hard work, dedication, knowledge and experience. You deserve no less in an Arizona DUI Attorney to defend you.

There is a big difference between knowing your defenses. and knowing how to utilize them through the proper legal channels and court to challenge evidence and charges. A good Mesa DUI Lawyer knows exactly what to do and how to do it. Many people make the mistake of trying to represent them selves without hiring an attorney. This can be very dangerous. You may be innocently think that what you are saying or doing is helping your case, when in fact you may be incriminating yourself and helping the prosecution's case further. You have the right to remain silent, use it. Let a good DUI Attorney who defends DUI charges in Mesa Courts on a regular basis, knows the court procedures, guidelines, when and our to negotiate and make a defensive move on your behalf to best defend you.

Below are examples of defenses that can often be subject of consideration by your DUI Attorney to be used to negotiate a complete dismissal, of the Mesa Felony DUI charges, reduction in sentencing or suppression of evidence:
• There was no "Reasonable Suspicion" to justify the stop by police.
• There was no "Probable cause" to arrest you. ("Probable Cause" to arrest is a higher standard than a "Reasonable Suspicion" to stop).
• Validity or reliability of the field sobriety tests is questionable.
• The officer's credentials, certifications or competence is in question.
• Evidence was mishandled during obtaining, storage or transportation.
• The results of multiple tests are too far apart and raise questions as to validity and accuracy.
• Too much time went by before the Portable Breath Test (PBT or preliminary breath test), and official breath with the test was conducted.
• The arrest was made simply due to the results of the PBT which is not calibrated, properly maintained, or considered official.
• The environmental or landscaping conditions which existed during the field sobriety tests did not meet the required standards for accurate test results to be obtained.
• You had a medical condition which prohibited you from performing the field sobriety tests putting you at a disadvantage.
• You had a digestive medical condition which caused the breath tests to be inaccurate.
• Unapproved or unreliable field testing methods were performed.
• Lack of maintenance or records on breathalyzer machine used to read your BAC
• Inadmissible evidence used
• Expired dates or improper storage of drug kits were used which compromised the accuracy of test results. .
• Improper search and seizure of you or your vehicle was conducted.
• Other Violations of your State or Federal Constitutional Rights exist.

Defenses such as these and many more need to be pursued and your case presented by an experienced, specially trained, and proven Criminal Defense Attorney or Mesa DUI Attorney who knows exactly what needs to be done and how to use such defenses in your favor. With an experienced, dedicated Felony DUI Lawyer, your chances of getting a good outcome on your case drastically increase.

If you have been charged with any Mesa Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Mesa DUI, Mesa Drug DUI, or any other criminal charge including theft, assaults, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Mesa criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

Continue reading "Mesa DUI Lawyer " »

May 31, 2010

When a DUI Becomes a Felony DUI
Arizona has the some of the toughest DUI laws and penalties in the country. Even the most basic misdemeanor Arizona DUI carries harsh penalties. But the penalties in Arizona are so extreme in aggravated DUI charge, that it can be catastrophic to your life, family, job, future and freedom. Aggravated DUI Felony Penalties are designed to punish repeat offenders, and those who may be endangering a child, if they are drunk driving in Arizona with a child under 15 in the vehicle.

The main difference in the penalty from a Misdemeanors DUI conviction and an Aggravated Felony DUI conviction is the incarceration time which can be much longer. An Aggravated DUI Felony conviction penalty may include a more lengthy incarceration and can be either in jail or prison rather than a shorter jail sentence than that of a Misdemeanor DUI. The second main penalty distinction is the exorbitant fines and license revocation for three years. This is a very serious matter, and one that should not be taken on, without an experienced Phoenix DUI Lawyer to defend you. If you are charge an Aggravated DUI Felony, make sure you hire an attorney who defends these types of Arizona DUI charges on a daily basis, is well versed in the law, court systems in the jurisdiction for which you were charged, and is extremely knowledgeable in defense strategies. Your Arizona DUI defense attorney should exhaust all avenues to attempt to get your cased dismissed. If this is not possible, they will make every attempt to get the charges lowered to a Misdemeanor DUI.

EXAMPLES OF AGGRAVATED DUI - FELONY

An Aggravated Felony DUI charge is the result from the following factors:
• 3rd DUI offense in 7 years
• DUI while driver's license is revoked, restricted or suspended
• DUI arrest when there is a child under the age of 15 years old is in the vehicle

Aggravated Felony DUI Penalties:
Subject to 4 months in Jail or Prison. (If record is clean with no prior felony convictions.)
Up to $150,000 plus 80% surcharge
$1500 prison assessment
$250 abatement fee
Evaluation Costs
Drug or Alcohol Treatment & Counseling Costs
Probation Fees
Driver License revoked for 3 years
Court ordered Ignition Interlock Device at defendant's expense

Some people tend to "give up" when charged with an Aggravated DUI Felony and feel that their live is over. Thousands of people just like you have received aggravated Felony DUI charges, including from doctors, attorneys, teachers, school principals, nurses, airline pilots, politicians, professors, engineers, singers, sports players, celebrities, ministers (it's true), sons, daughters, moms, dads, grandmothers, grandfathers, you name it. Anyone can get a DUI, Drug DUI or a Medication DUI in Arizona especially with such strict Arizona Laws. It does not mean your life is over. It does not mean you are a criminal. It simply means you are human, and all humans make mistakes, error in judgment, and go through tough times. But the worst mistake you can make after being charged, and arrested for an Aggravated Felony DUI is to do nothing. It is extremely important that you consult an experienced and proven Aggravated Felony DUI defense attorney to defend you. It will be one of the most important decisions you will make in a lifetime.

Continue reading "ARIZONA DUI LAWYER Felony Aggravated DUI Law and Penalties " »

February 23, 2010

Aggravated DUI principle factor is not the blood alcohol level (BAC) such as 0.08 or 0.15. The Arizona aggravated DUI main component relates to the factors that convert it from an Arizona Misdemeanor DUI to an Arizona Felony DUI. Here, we examine the additional aggravating factor of having a child under age 15 in your car while you were driving while under the influence.

You could be convicted of a felony and have a criminal record if you drive drunk (impaired) in Arizona and have a child under age 15 in your car. This applies even if you have never had any prior DUI convictions and your record has been clear up to this event.

Arizona felony aggravated DUI penalties typically include incarceration in jail or state prison, fines and fees, community service, probation, counseling, a mandatory 3 year revocation of your driver's license, and other punishments.

If there is a child under age 15 in your vehicle and you are charged with an Arizona DUI, you will most likely be charged with a felony. Some prosecutor's and may even charge you with an endangerment criminal offense or with child abuse. This is discretionary and depends on the facts of your case.

An Arizona felony is a very serious criminal charge. A felony conviction has implications that may include getting fired from your job, or inability to get a job, unpleasant visit from Arizona Child Protective Services, credit or housing screening issues, and the troubles will mount. A felony conviction can haunt you for years in the future.

Remember the prosecution wants to stack the cards against you. You need a strong and experienced Arizona DUI Lawyer to defend you. If you have been charged with an Arizona Felony DUI call James Novak an experienced Criminal and DUI lawyer now at (480) 413-1499. He will provide you with FREE consultation and begin work on your case immediately upon retention.

Arizona Laws
28-1383. Aggravated driving or actual physical control while under the influence; violation; classification; definition.

A. A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person does any of the following:

3. While a person under fifteen years of age is in the vehicle, commits a violation of either:

(a) Arizona Revised Statute Section 28-1381.
(b) Arizona Revised Statute Section 28-1382.