"A good Tempe DUI defense attorney will investigate to determine if the police met the standards needed for "probable cause". If not, an experienced Tempe DUI defense Attorney will aggressively challenge the arrest and present compelling arguments necessary to lead to a dismissal of your DUI charges."
If you were arrested in Tempe AZ for a DUI, you should consult a Tempe DUI Attorney or Tempe criminal attorney who defends cases often in Tempe Court through the criminal justice system. Most qualified Tempe criminal attorneys and Tempe DUI defense attorney who defend DUI charges provide free consultations. They should give you helpful information about your Tempe DUI charges, and defense options.
Probable Cause for Arrest | Tempe DUI
From a Tempe DUI defense standpoint, your Tempe DUI Attorney may be able to get your Tempe, AZ DUI dismissed by using one, more or a combination of strategic defenses. One common defense is known as "No Probable Cause for Arrest". By law, the police must have "reliable information which would lead a reasonable person to conclude that criminal activity has been or is being committed prior to the arrest". Unless probable cause exists, the arrest is unconstitutional and therefore invalid.
Probable Cause | What it Means
The fourth amendment of the United States Constitution requires among other things, that arrests and arrest warrants be supported by Probable Cause. Note that "probable cause to arrest" is a higher standard than "reasonable suspicion to stop" or detaining a driver for DUI or questioning.
Probable cause means the police need to have real evidence and actual facts including but not limited to field sobriety tests, breath tests results, blood tests results, urinalysis tests results or chemical tests results and served the Tempe Police to feel they had justifiable evidence "enough to cause a reasonable person to believe that a crime has been committed." The Tempe Judge and Court need to hear this actual evidence and the specifics that gave cause for your arrest. Assumptions, suspicions, accusations, opinions, biased unsubstantiated conclusions, or evidence that can not be measured is not acceptable and does not meet the standard of "probable cause for an arrest". A good Tempe DUI defense attorney will investigate to determine if the police met the standards needed for "probable cause". If not, an experienced Tempe DUI defense Attorney will aggressively challenge the arrest and present compelling arguments necessary to lead to a dismissal of your DUI charges.
Arizona DUI Penalties
The Arizona State Laws apply to all DUI Charges throughout all cities considered to be under the jurisdiction of Arizona law. This includes Tempe AZ, Phoenix AZ, Chandler AZ, Tempe AZ, Mesa AZ, Gilbert AZ, Scottsdale AZ, Maricopa County and most all cities, towns and counties in Arizona. Arizona DUI laws are strict and penalties are among the most severe in the United States.
A Tempe DUI conviction can have negative impacts on your life, including but not limited to job suspension, job loss, or loss of future job opportunities, loss of driver's license, costly fines and fees, mandatory jail or prison terms, court ordered ignition interlock devices to be installed in your vehicle at your expense, probation, treatment or counseling, and any other penalties the Tempe AZ court deems necessary based on the circumstances surrounding your charges.
Sentencing for a conviction is based on a host of factors including but not limited to your past criminal record; first time or repeat offense; misdemeanor DUI or felony DUI; aggravated factors surrounding the DUI including DUI with accident or injury, drunk driving with a person aged 15 or younger; other offenses charged at the time of the DUI arrest; and many other variables surrounding your Tempe DUI charges and Tempe DUI arrest.
Scottsdale Arizona DUI Defenses
Note, just because you were charged with a Tempe DUI does not mean you are or will be convicted of that offense. Simply put, a charge is not a conviction. Tempe DUI charges can be challenged. This is best done by retaining good Tempe DUI defense Lawyer in Arizona who can fight your charges, challenge the evidence to try to get your case dismissed, charges reduced, or otherwise a better outcome in your case, than if you have not hired an attorney. One key to a winning defense is early retention of your DUI defense attorney.
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 best defense strategy for your Tempe DUI charge will be determined by your qualified Arizona DUI Attorney defending your case. An experienced DUI defense Attorney will strategically choose the appropriate defenses based the particular circumstances surrounding your Tempe DUI charges and arrest, after obtaining and examining all the evidence and facts. Your Tempe DUI lawyer will present compelling arguments to the judge, Tempe Court, prosecution through the proper legal channels and criminal justice system.
DUI Defense Attorney Tempe | Criminal Justice System
Your chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome drastically increases with the retention of a good Tempe AZ Criminal Attorney, or Tempe DUI Attorney. Many people consider the Tempe Arizona criminal justice system and Tempe Court to be a maze of complex rules, guidelines, and protocols. You will need an experienced Tempe criminal attorney or Arizona DUI lawyer who regularly defends Tempe DUI charges through the criminal justice and court systems. A good Tempe DUI defense Lawyer will investigate, examine all evidence, build a strong defense challenge charges and the evidence, attend Motor Vehicle Hearings, Arraignments, Pre-trial Conferences, Suppression or Evidentiary Hearings, defend you at trial if a trial is needed and you have arranged in advance for your attorney to do the trial. In sum, the best Tempe DUI attorneys will do everything possible to get your Arizona DUI charges dismissed, reduced, or the best alternative outcome in your case.
If you have been charged with any Arizona DUI, Extreme DUI, Super extreme DUI, Accident DUI, Second DUI, Third DUI (or more), Drug DUI, Medication DUI, Prescription medication DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona 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 Tempe, Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).
The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Tempe, Mesa, Phoenix, Scottsdale, Gilbert, Chandler or surrounding cities within Maricopa county, Arizona valley-wide.
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