Recently in CHANDLER DUI LAWYER Category

November 28, 2011

"Differences between a DUI stop and a Sobriety DUI Checkpoint stop in Chandler AZ."

DUI charges Chandler AZ
If you were arrested at a DUI sobriety checkpoint in Chandler AZ for DUI - DWI or Drunk Driving, you should consult Chandler DUI lawyer soon as possible. Arizona DUI laws are strict and penalties are some of the most severe in the country. Any DUI conviction will expose you to jail time, and other harsh penalties including court ordered interlock devices for your vehicle, fines, fees, and other punishments.



Chandler AZ DUI arrest at a Chandler DUI Sobriety Checkpoint
DUI Sobriety Check Points are also referred to as DUI Safety Checks or DUI roadblocks. They are set up a specified location, time and date decided by City, County and law enforcement agencies. They are frequently conducted around holidays or weekends when traffic is expected to be heavy. Arizona is just one of many states in the country who conduct these DUI Sobriety Checkpoint operations. The National Highway Traffic and Safety Administration (NHTSA) outlined guidelines to use in accordance with city, county and state laws that Arizona has adapted.

Difference between Chandler DUI Stops and DUI Sobriety Checkpoint Stops
The primary difference between DUI stop where the driver is pulled over by an officer while driving, and a Sobriety DUI Checkpoint stop are the events that lead to the DUI stop. In a DUI roadblock situation, police do not need "reasonable suspicion" that a violation of the law was committed or in progress in order to stop vehicle for further investigation.

In a DUI stop where the driver has been hailed to pull a driver's vehicle over while they are driving, in absence of a DUI roadblock, police must have "reasonable suspicion" that a crime is in progress or other law violation has occurred, in order for the DUI stop to be lawful by police.

In contrast, DUI sobriety checkpoint stops are road blocks set up in a specific location, time and date decided in advance by Chandler City Officials and Law Enforcement Agencies. Their purpose is to seek out and arrest persons driving drunk or driving "impaired to the slightest degree" due to consumption of alcohol or drugs. The vehicles that will be stopped at sobriety checkpoints are decided in advance by city, or county officials and their respective police departments.

According to the NHTSA guidelines adapted by Arizona, the determination of which vehicles to stop should be patterned by a mathematical formula of some kind: for example, every first, second or third vehicle that passes through the DUI roadblock. Police do not need any other reason to stop a vehicle at the DUI checkpoint.

Generally, penalties for a conviction do not differ from those resulting from a DUI checkpoint arrest and DUI arrest made in absence of a DUI checkpoint stop.

Chandler DUI Defense Lawyer
By law you have the right to defend your charges, no matter what circumstances led to your DUI stop and arrest. But in order to effectively challenge your DUI charges, you will need to retain an experienced DUI lawyer to defend your charges. Good criminal lawyers will defend your charges; make sure you are treated fairly; defend your constitutional rights, build and present a compelling defense case on your behalf. If you were arrested for a Chandler DUI you should contact criminal attorney who defends DUI charges in Chandler AZ frequently, to discuss your matter and defense options.

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

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

November 23, 2011

10 Facts you need to know if you face Chandler Drunk Driving DUI Charges!

1. Chandler Drunk Driving charges are very serious. Chandler DUI Laws are governed by Arizona State DUI laws and penalties which are some of the most strict and harsh in the entire US. Even a first time misdemeanor drunk driving conviction will expose you to severe penalties including time in jail time. Your best chance of getting Chandler drunk driving charges dismissed is to hire a private practice AZ criminal defense or AZ DUI attorney who defends DUI charges in Chandler on a regular basis.

2. Regardless of your DUI evidence, you have the right to challenge your DUI charges Regardless of your Blood Alcohol Content (BAC Level) which resulted from your DUI breathalyzer or blood tests, or whether or not your DUI is a repeat offense, you have the right to hire a private practice AZ DUI lawyer. Regardless of the evidence, you have the right to challenge your DUI charges in order to get them dismissed or reduced to lesser charges or penalties.

3.The Prosecutor is not your friend.
They have one job alone---to convict you. If you find your self in a conversation with the Prosecutor, avoid discussing any matters related to your DUI drunk driving charges or any other personal matters. Otherwise your statements can be used against you. Should a conversation should ensue with the prosecution be polite and respectful, but do not engage in any discussion regarding your Chandler drunk driving charges or otherwise, unless directed by the judge or your defense attorney.

4.You have the right to remain silent...Use it.
You do not want to incriminated yourself or damage your DUI defense. Instead, acknowledge you are aware of your right to remain silent, until you are accompanied by or consult your AZ DUI attorney, and wish to exercise it.

5. Promptly attend all scheduled court appearances for your Chandler
Arizona DUI or drunk driving charges or you will face an arrest warrant.

If you miss your court date or are late, the Judge has the authority to issue a "Bench Warrant", for your arrest due to your "Failure to Appear" (FTA) "A.R.S. 13-2506 Failure to appear in the second degree; classification and A.R.S. 13-2507 Failure to appear in the first degree; classification." The only exception is if you have retained a private practice Arizona DUI lawyer, and either your AZ DUI defense lawyer or the Judge instructs you otherwise.

6.Following a Chandler DUI or Drunk Driving Charge, you will need to deal with two separate entities. First, is a civil matter with the Arizona Division of Motor Vehicle (DMV). An Arizona DUI charge may initiate the suspension of your drivers' license even before your court matter is complete. The second is criminal matter through the Arizona criminal justice system for the DUI charges.

7. If you hire a good Chandler drunk driving lawyer they will immediately begin tailoring and building a strong Chandler drunk driving defense.
A successful defense begins well before your first scheduled court date. The more time you give your DUI lawyer to examine the evidence and build a defense, the greater your chances of getting the DUI charges dismissed. "Doing nothing" or waiting and hoping for the best, without hiring a Chandler DUI attorney, will get you a swift and severe conviction.

8.Without a strong private practice AZ DUI attorney defending you, the prosecution has an undisputed advantage over you. You may also be missing valuable negotiating opportunities through the proper legal channels. Lastly, you stunt you may detriment your defense, by having waived the opportunity to file early relevant motions to dismiss your charges, if they exist. There is no barrier for a defense and no one to protect your rights from unfair treatment and at an unfair disadvantage.

9. If you decide not to hire a private practice Chandler DUI attorney, you will be held to the same standard of the court as if you were represented by an AZ DUI Attorney. You don't get any breaks by the court, by not hiring a private practice Chandler drunk driving lawyer. You will be held to the same standards as would otherwise your Chandler DUI lawyer. This includes complying with procedures protocol; attending conferences and court appearances; meeting deadlines; building and presenting your own defense.

10. A good private practice Chandler DUI Lawyer will be prepared to make every effort to get your DUI charges dismissed. They will tailor, building, and presenting solid and compelling defense on your behalf. In some cases they may get your charges reduced to a less severe charge such as a civil traffic violation, get all or a portion of the evidence thrown out, to get the absolute best possible outcome in your case.

Continue reading "Chandler DUI Lawyers | Drunk Driving Defense " »

July 27, 2011

"You have the right to hire a Chandler criminal lawyer or Chandler DUI lawyer at almost every stage of your DUI or criminal case. But the earlier you retain, the greater your chances of getting your Chandler DUI Dismissed."

Chandler AZ DUI or Criminal Lawyer - Early Retention
You can retain a Chandler AZ Criminal Defense Lawyer at nearly every stage of a Chandler AZ DUI or criminal case. But the best Chandler DUI and Arizona criminal defense lawyers agree that the earlier you retain DUI Lawyer or criminal lawyer for your Chandler charges, the greater your chances of getting your Chandler DUI or criminal charges dropped. Early retention of a Chandler AZ DUI or criminal defense lawyer is one of the most important keys to a successful defense. This allows your Chandler DUI attorney enough time build a successful defense case on your behalf including filing of early you dismissed. They will present compelling arguments to the court and prosecution on your behalf, and make every attempt to negotiate a DUI charge dismissal.

At some late stages in the DUI criminal justice process a good number of Chandler criminal lawyers or Chandler DUI attorneys will not agree to take your case if you wish to hire them. If you contact a private practice criminal lawyer at certain stages of your case, they may not be able to accept it. This is usually due to their time demands, and heavy court or trial schedules, for existing clients. Here are some reasons why a DUI lawyer who defends Chandler DUI charges may not be able to accept or discuss your case with you:

• You already have a public defender, or private practice attorney who has been handling your case. You call a private criminal lawyer, with no intention to hire a new attorney, but to ask for a free consultation to discuss your case. Most attorneys will refrain from discussing your case at this point. Among many other reasons, it is generally seen as unethical. Unless your call is to see if you can hire that attorney, they will refrain from discussing any details of your case and refer you to your current lawyer.

• Often the prosecution and court have their minds made up about a plea offer that unacceptable to you. It is not likely they can be persuaded to reduce the penalties just because you hired a different attorney. In fact they often they end up "digging their heels" further into the ground about the initial offer(s) being the final offer. If you do not accept this offer, your case would be set for the uncertain results of a trial. If convicted the penalties may be far worse for you than the pre-trial offer. But then it is off the table.

• You made admissions regarding your guilt, on record, either to the police, investigator, in court, deposition, testimony or recorded statement involving the charges. This may have jeopardized your defense case to the point that it can not be salvaged.

• You may have knowingly or unintentionally waived Rights that could have been used, for certain defenses that could have led to a dismissal of your charges.

• The new private practice attorney feels their intervention will not likely change the outcome of your case. If they tell you this, listen to them! It is likely true and very ethical for an attorney to tell you this straight out. They are trying to spare you from needlessly wasting your money on attorney fees that will not help you.

• Many Chandler DUI and criminal defense lawyers and law firms regulate their case loads. If they feel that it would be too labor intensive and time consuming to take over your case in a late stage trial or otherwise, they may not accept your case. They have an obligation to defend their current clients who have hired. The case loads, court and trail schedules may be full. They need to allow adequate time and resources to tailor, mount and present a successful defense for each client.

• Your case or trial is over. You received a "guilty" verdict and the penalties are severe. You want to appeal the decision. Not all attorneys handle Appeal cases or provide post conviction services. Some handle limited cases, to those clients the previously served. However, there are trial lawyers who do them on a regular basis. It may just mean o looking a little further, or making a few more contacts to find them.

Remember when you hire an Arizona criminal defense lawyer is, you are the employer. They work for you. In the same respect, that DUI or criminal defense attorney also has the right refuse the job. It is a two way street.

If you prudently hire a private practice Chandler DUI Lawyer or criminal attorney early on, you will have a vast amount of Chandler criminal defense and DUI lawyers to choose from. You will easily be able to find good legal representation at an affordable price, without looking too far. Most importantly, they will have adequate time to tailor, build and present a solid and effective defense case on your behalf. This is without a doubt that your best chance of getting your case dismissed.

Continue reading "Chandler DUI Lawyers | How to Get Your DUI Charges Dismissed " »

May 10, 2011

You have the right to fight your Chandler DUI, no matter what the circumstances. Top Chandler AZ attorneys agree that the key to a winning defense is to hire an experienced Chandler AZ DUI Attorney early.

Chandler AZ sentencing for a DUI or DWI convictions depend mainly on two factors:
1) the type of DUI you are charged with and
2). if you have other DUI or criminal convictions on your record. If you face any type of DUI or DWI charge in Chandler, AZ should consult an AZ DUI Lawyer or Criminal Lawyer who defends DUI or criminal charges in Chandler AZ Court.

You should ask to speak directly with the attorney, not a sales representative or screener. In order to assist you with your questions, the AZ DUI attorney will need to know the type of DUI you with charged with and any prior DUI or criminal record you have, if any.

Types of Chandler AZ DUI - DWI Charges That May Apply
• Impaired to the Slightest Degree or BAC above .080 (first offense)
• Impaired to the Slightest Degree or BAC above .080 (second offense)
• Extreme DUI BAC .150 -.199 (first offense)
• Extreme DUI BAC .150 -.199 (second offense)
• Super Extreme DUI BAC .200 or higher (first offense)
• Super Extreme DUI BAC .200 or higher (second offense)
• Class 4 Felony Aggravated DUI - the result of 3rd DUI in 7 years or DUI while driver's license was suspended or restricted.
• Class 6 Felony Aggravated DUI - the result of DUI with child under 15 years of age in the vehicle.

DUI "with a prior" DUI, or other prior Criminal Convictions
Any Chandler AZ DUI or DWI should be taken seriously. All DUI convictions include sentences of mandatory jail time, among additional punishments. A Chandler DUI Charge "with priors" or an existing criminal record will result in a more severe sentencing if convicted. A previous DUI is considered "a prior" if it occurred within the last 7 years or 84 months regardless of what state it occurred.

Chandler AZ DUI Penalties
Chandler DUI classifications, sentencing and penalties are governed by the guidelines, and minimum sentencing rules under the State Laws of Arizona. You have surely heard by now that Arizona has some of the toughest DUI laws and penalties in the country.
Classifications and penalties can be found in detail under each type of violation at "azleg.gov/ArizonaRevisedStatutes. Here are a few citation references to send you in the right direction to find exactly what you are looking for"

"...Article 3 Driving Under the Influence 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification 28-1382 Driving or actual physical control while under the extreme influence of intoxicating liquor; trial by jury; sentencing; classification 28-1383 Aggravated driving or actual physical control while under the influence; violation; classification; definition..."

Chandler AZ DUI Sentencing
Although there are minimum sentences that exist for any Chandler DUI conviction, the judge in many cases has some discretion of ordering additional punishments. They will make their decisions on the merits of each case, depending on the facts of your case, and any prior criminal or DUI history.

Chandler DUI or DWI convictions will expose you to the following minimal penalties:
• Mandatory Jail;
• Fines, Fees, Costs;
• Mandatory Installation of an Ignition Interlock Device installed in your vehicle (at your expense), for a court ordered amount of time;
• Alcohol and or drug screening which may result in mandatory participation in a certified counseling, or treatment program.

Chandler AZ Felony DUI - DWI
A Chandler AZ felony DUI also known as "aggravated DUI". Conviction for an aggravated DUI is extremely serious and carries very harsh penalties. These usually include extended incarceration in jail or prison, depending on the circumstances in your case. They also include higher fines, fees, and costs, probation, among other penalties.

Chandler DUI Lawyers and the need for DUI Defense Chandler AZ
Remember, a DUI arrest for a Chandler DUI, does mean you are "guilty". Nor is it a conviction. No matter how high your BAC or other circumstances surrounding the charges, you still have the right to challenge the DUI charges. Even though you were charged or arrested, you are still innocent until proven guilty.. You also have the right to a defense attorney. Choose your DUI attorney wisely. For your best chance at a winning defense, make sure it is a private practice attorney, who has the time and resources to spend to fight your DUI. The best Chandler AZ DUI lawyers will fight to get your Chandler DUI charges dismissed, reduced sentence/penalties, or an otherwise better outcome in your case.

Continue reading "Chandler AZ DUI Lawyer | AZ DUI Defense | AZ DUI Penalties " »

February 14, 2011

How the Best DUI Attorneys Fight DUI Charges in Chandler AZ

If you were arrested in Chandler AZ for DUI, you can fight your DUI charges. Many cases are dismissed, or reduced to lesser violations. The way to begin is to contact a good criminal defense attorney or DUI lawyer who defends DUI charges often in Chandler AZ.

There is a lot to lose if convicted of DUI in Arizona. The punishments are severe and include mandatory jail time. It is usually in your best interest to plead not guilty and to hire a Chandler DUI Lawyer or criminal defense attorney who defends DUI charges in Chandler AZ. Rarely if ever, will you get a good outcome, dismissal or reduction of charges if you attempt to represent yourself without a qualified attorney. Many good people get DUI charges due to mistakes and errors in judgment. They find themselves sitting behind bars wondering why or how they let it happen. Then due to the trauma, humiliation, arrest process, the unfamiliarity of the criminal justice system, they feel their situation is hopeless. You can regain control of your life and situation by hiring a good private practice DUI lawyer who will know how to defend your DUI charges.

There should be no secrets as to how your DUI defense attorney will represent you and fight your DUI charges. A good Chandler AZ criminal defense attorney will keep you informed and guide you through the processes. The best criminal attorneys in Chandler AZ will work hard to try to get your charges dismissed. The defense strategies they will use will depend upon the specific facts and circumstances surrounding your DUI charges.

Here is a sample of some categories of defense strategies some the best criminal defense Attorneys in Chandler AZ use to fight DUI charges.
• Challenging the reason the police officer stopped you;
• Arguing the police observations they documented in the report with a trustworthy witness testimony on your behalf that conflicts with the police officer's account;
• Challenging Field Sobriety Tests (FST). Results of FST are very controversial and often easily challenged. This is due to their subjective nature as reported by the arresting officer. Often FST results are considered to be inaccurate or not admissible in court. It has been proven time and again, that many people who are not impaired by drugs or alcohol can not pass the FST to the police officer's satisfaction.
• Examining Police conduct including use of excessive force, or intimidation.
• Examining the Officer's prior history of misconduct or disciplinary actions that exist;
• Challenging accuracy Breathalyzer, Blood, or Urine tests results. Your Attorney will evaluate issues such as transport, storage, and handling of the samples, to determine if proper procedures were followed. Accuracy of the police results can be retested by an independent lab via your defense attorney;
• Obtaining and presenting evidence in your favor;
• Presenting compelling arguments and educating the prosecution and court regarding insufficient evidence or weaknesses and flaws in their case:
• Find out if your Constitutional Rights were violated.

The chances of getting a DUI dismissal or "not-guilty" verdict will increase significantly by retaining the legal representation of an experienced DUI defense attorney who defends DUI and criminal charges in Chandler AZ court frequently. The best DUI attorneys will know which defenses to use to build and mount on your behalf. According to the constitution you have the right to obtain an attorney. This is one right you do not want to ignore. It can make the difference between a conviction of a DUI and dismissal of your DUI charges. Without it, you are on a fast track to a DUI conviction and its harsh life alerting consequences.

Continue reading "Criminal Attorneys Chandler AZ | DUI Defenses" »

February 7, 2011

How Good DUI Attorneys in Chandler AZ Build Winning Defense Cases

Chandler DUI and criminal charges get dismissed every day, due to hard work, and technical skills of a good DUI or Criminal Defense Attorney who defend their clients in the Chandler AZ court. But you may wonder what your Chandler DUI lawyer is really doing to help you. Your Chandler DUI defense attorney should answer any questions you have regarding their activities and efforts to defend you. A qualified and experienced Chandler AZ criminal defense or DUI Attorney is involved in many defense activities behind the scenes on your behalf. If you were arrested in Chandler AZ for DUI or other criminal charges, and convicted, you will face some of the most severe penalties in the country as required by Arizona Law. You should consult a private practice Chandler DUI lawyer or criminal defense attorney who defends criminal charges in Chandler Court as soon as possible.

A good private practice DUI attorney defending you in Chandler Court will guide you through every phase of the Chandler criminal justice system. Below are a few activities a qualified and experienced Chandler DUI lawyer or Criminal defense attorney will do to defend you and build a strong defense case:

• Gather and evaluate evidence;
• Obtain exculpatory evidence to use in your favor;
• Have evidence such as blood or urine samples initially obtained by police retested by an independent lab. (Usually the arresting officer will obtain it for you. If not, you should ask them to save a second sample for your defense attorney.)
• Review evidence to determine if an independent expert would benefit your case regarding technical issues, aspects or evidence.
• Review police reports, the complaint, evidence, test results, photographs, and #911 call transcripts, to find weaknesses or flaws in evidence the prosecution intends to use against you;
• Interviewing or deposing detectives or the arresting officers;
• Interviewing witnesses who may be willing to testify in your favor for such things as their observations about your sobriety if they were passengers in the vehicle;
• Choose the defense strategies that will most likely lead to obtaining the most favorable outcome in your case;
• File motions with the Chandler Court and Criminal Justice System within required deadlines. .
• Mounting an effective defense case against the prosecution.
• Look for opportunities and act swiftly through the criminal justice system to get evidence suppressed, reduction in charges, modify sentencing in your favor, get some or all charges in your case dismissed.
• Participate in scheduled court hearings, and pre-trial conferences; or trial;
• Prepare compelling arguments and documentation for trial, conferences and the filing of motions;
• Working with you, the prosecution, and Chandler Court to obtain mutually agreeable plea agreement or other more favorable resolution that sentencing for a conviction, or the uncertain outcomes of a trial.

When selecting the DUI lawyer you want to represent you for your DUI or criminal charges in Chandler AZ, consider whether or not that Chandler DUI or criminal defense attorney has the qualifications, litigation experience and the time needed to defend your case and fight for a winning outcome. If you are represented by such an attorney your chances of getting your DUI or criminal charges reduced or dismissed significantly increase.

Continue reading "DUI Attorney Chandler AZ | Criminal Defense Chandler AZ" »

January 28, 2011

Chandler AZ criminal defense | Chandler AZ DUI Lawyer

A major factor in getting a successful outcome for you is early retention of a criminal or DUI defense lawyer who defends cases in Chandler AZ.

After a DUI arrest in Chandler Arizona you will have your Initial Appearance before the court within the next 48 hours. It is important that you or someone on your behalf has consulted a criminal defense attorney or DUI lawyer who defends charges in Chandler AZ on a regular basis.

Initial Appearance in Chandler AZ Court
Your initial appearance is the first phase through the Chandler AZ criminal justice system. You will appear before the judge in the Chandler court if that is where you were arrested following your DUI stop. There, the following will take place:

1) You will be read your formal DUI or criminal charges (or complaint).
2) You will be given your release conditions.
3) You will be given your next court date, time and location.
4) You will let the Judge know you plan to or will be retaining a private criminal or DUI attorney to defend you and provide their contact information to the court. If you are unable to retain private legal representation, the court will allow you to fill out an initial screening questionnaire to determine if you qualify to be assigned to a court appointed attorney (public defender).

Tips to Follow After Your Initial Appearance in Chandler Court
• Do not discuss your case with anyone accept your own criminal defense Attorney
• Do not discuss your case with any police officer or investigator, no matter how polite or courteous they may seem. Simply let them know you are being represented by a defense attorney, and advise them to contact your attorney. Any statement you make to them can damage your defense and be used against you.
• Do not discuss your case with family or friends by phone, or in person. Anything you say even to family members, friends, or acquaintances can be used against you in court. And those persons can be subpoenaed to appear in court to testify against you.
• Follow the instructions your Chandler criminal defense attorney or Chandler DUI lawyer gives you and provide all documentation they are requesting from you. This is what they are trained and have experience doing every day. Their goal should be to provide you the most effective defense possible in order to get you the best outcome.
• Your chances of getting your DUI or criminal charges dismissed, sentencing reduced, evidence suppressed or other favorable outcome, significantly increase when you hire a private criminal defense or DUI lawyer who defends charges in Chandler AZ. One thing most Good Criminal Attorneys in Chandler agree upon is this: A major factor in getting a successful outcome for you is early retention of a criminal or DUI defense lawyer. Before you make your decision, find out as much as you can about that attorney.

For more articles and useful formation on how to hire an attorney visit http://www.arizonacriminaldefenseattorneyblog.com/cgi-bin/mt-search.cgi?search=how+to+hire+the+best+attorney+Chandler&IncludeBlogs=401&search=

Continue reading "Initial Court Appearance after Chandler AZ DUI Arrest" »

January 24, 2011

Why You Should Consult a Good DUI Attorney after a Chandler DUI Arrest.

Top Arizona DUI attorneys who defend cases in Chandler AZ begin with the thought process of building a defense that will lead to getting your AZ DUI charges dismissed.

DUI Charges Chandler AZ
Arizona is one of the toughest states on DUI charges in the country. Further, Chandler Arizona aggressively prosecutes DUI charges and seeking Chandler DUI convictions. The DUI laws in Chandler are strict and penalties severe. If you have been charged or arrested for a Chandler AZ DUI, you should consult a DUI lawyer who defends DUI charges frequently in Chandler AZ as soon as possible.

DUI Charges in Chandler Arizona are subject to the Arizona State DUI laws and penalties. Punishments for a conviction of even a first time DUI in Arizona may include mandatory jail time, suspension of driver's license, fines, fees, probation, mandatory counseling, and court ordered interlock devices on your vehicle to be installed at your expense.

Arizona Felony DUI or Aggravated DUI charges often include harsh penalties such as lengthy prison terms, suspension of driver's license, exorbitant fines, fees, probation mandatory counseling at your cost, and court ordered interlock devices on your vehicle to be installed at your expense. The Chandler AZ court is especially harsh on repeat offenders. Penalties will be based on the following:

• Misdemeanor DUI - DWI v. felony DUI - DWI
• Amount of Blood Alcohol Content (BAC) or other toxic substance or drug in your system,
• First DUI, Second DUI, Third DUI, or other repeat offense,
• Age - under or over 21
• Other criminal charges or offenses that were coupled with your DUI,
• Any prior criminal record,
• Arizona DUI Laws for minimum and maximum penalties,
• Other aggravating factors surrounding your DUI arrest or charges
• Any other punishments the judge deems necessary and appropriate

DUI Attorneys Chandler AZ
Resist the temptation of seeking counsel from a friend regarding your DUI instead of a qualified Arizona DUI attorney who defends cases in Gilbert AZ. If you consult someone who is not a licensed Arizona DUI or criminal Defense Attorney in Arizona, you may not be getting accurate advice. In fact, you may be getting advice that could cause you to jeopardize your defense. You need to consult a Chandler DUI defense attorney who knows the Arizona DUI laws inside and out, current legislation, changing laws, defense strategies, and be experienced in defending cases in the Arizona criminal justice system. If you have Chandler AZ DUI charges of any kind, you will need to be properly defended by a qualified DUI lawyer in Arizona in frequently defends DUI charges in Chandler Court. By doing so, you will increase your changes of facing the maximum sentences under the law, and even increase your chances of possibly getting the charges dismissed. Without a good Arizona DUI attorney, you are jeopardizing your freedom, future, job, and more that is at risk.

Be sure that the Arizona DUI defense attorney is experienced and defends cases often in the jurisdiction or city where you were arrested and received formal DUI charges or criminal charges. For example if you were arrested in Chandler Arizona for DUI, but you reside in Phoenix AZ, your DUI charges will be filed in Chandler Arizona, and your case will be required to go to court in Chandler AZ. Make sure your DUI attorney defends DUI or criminal charges frequently in Chandler Arizona. It will benefit your defense if your DUI Lawyer is familiar with the Chandler criminal justice system, the court, the prosecution, and judges to hear DUI cases on a frequently in Chandler AZ. In the least, make sure the attorney you consult, or retain is licensed to defend DUI cases in the state of Arizona.

Chandler AZ DUI Defenses
Top Arizona DUI attorneys who defend cases in Chandler AZ begin with the thought process of building defense strategies that will lead to getting your Chandler DUI dismissed.
An experienced Chandler DUI attorney will gather all the evidence, examine your case, determine if any of your constitutional rights were violated, and determine what defense strategies to utilize and yield you the best outcome. Good DUI defense lawyers in Chandler AZ will know when and how to present their compelling arguments in your favor to get your charges dismissed. Depending on the strength and/or weakness of the prosecutions case, your Chandler DUI lawyer will investigate, examine the evidence, to determine if any evidence can justifiably be suppressed.

If the charges can not be dismissed, they will then attempt to negotiate with the prosecution a way of getting the charges reduced to a lesser charge, for example: a criminal charge down to a non-criminal charge, a felony to a misdemeanor, an extreme DUI to a non-extreme DUI and reduce the DUI penalties against you. In other words, in absence of being able to get the Arizona DUI charges dropped, a good AZ DUI defense attorney will make every effort to get the best possible outcome in your case.

Continue reading "Chandler DUI Arrest | Arizona DUI Defense " »

December 10, 2010

One Defense Good Criminal Defense Attorneys can use to fight Your Chandler, AZ DUI Charges

Chandler DUI Charges
If you were stopped and suspected of a DUI in Chandler AZ, after questioning and some field sobriety testing, the police may have requested that you take a breath test with a Portable Breath Test (PBT) unit. If your Arizona DUI charges were based on the results of the PBT results alone, it can not be used as evidence against you. This scenario gives an experienced Arizona DUI Attorney a strong defense on your behalf that may lead to a dismissal of your Chandler DUI charges.

Portable Breath Testing Device (PBT)
The Preliminary breath test (PBT), often called a portable breath test device, refers to the hand-held breath testing instrument used at the side of the road. This takes place prior to an arrest. The purpose of the PBT is to determination an alcohol concentration levels in your system, otherwise called the blood alcohol content (BAC). The primary purpose of the PBT is for preliminarily testing only. The results will give the Arizona police officer an idea of whether or not there is alcohol in your system if they suspect you of Arizona drunk driving or being "impaired to the slightest degree" while driving in Arizona. If the results are positive for any alcohol in your system, they will proceed to the second official breath test. The second test results from the official machine can be used against you in court, but not the PBT.

If your PBT results were "0" or negative, but the officer stills suspects you of driving impaired based on other "cues", they will move to determine if they are dealing with an impaired driver due to DUI with prescription drugs, DUI with illegal drugs, DUI with Marijuana, DUI with toxic substances or DUI with other chemicals.

The results of the PBT unit are not admissible as incriminating "evidence" to prove that the person has a certain measurement of alcohol present in their body. This is due to the fact that the PBT unit is scientifically unreliability. Therefore, the digital results of the PBT are only useful to the police to help them determine whether or not to they are dealing a driver who may be impaired by alcohol or drugs, and how to proceed with the next step of investigation.

The Official Breath Test
In Chandler AZ, the official breath testing is currently performed and evidence recognized with a machine some call the "Intoxilyzer 8000 Device".

This machine is required be calibrated and tested and routinely maintained on a regular basis by the Chandler police agencies responsible for them. Repair and maintenance records must be kept for all maintenance and repairs. It is not unusual for a breath machine to have a problem and to be pulled out of service for repair. Sometimes, the breath machine has to be sent back to the manufacturer for service or repairs. The only way to determine if the machine was working properly is to view its service records from before and after the arrest.

Breath testing provides instantaneous results, but there is controversy in the scientific community over the accuracy of breath testing and these machines in particular. Many factors can affect the accuracy of the readings of these machines including proper operator error, testing procedure, temperature, and individual human body variances.
Choosing a Chandler DUI Lawyer for your DUI Defense.

If you have been arrested for a DUI in Arizona it is important that you consult a Chandler Arizona DUI lawyer or criminal defense attorney who defends cases in Chandler Court as soon as possible. Make sure they are well versed in the constantly changing and strict Arizona DUI laws, familiar with all forms of DUI testing and their common flaws or weaknesses. Consider a DUI lawyer's qualifications, background, experience, and litigation skills. High rated DUI attorneys in Arizona know how and which DUI defenses will need to be used to based on your set of circumstances. Further the defenses must be used properly through the appropriate channels of the Arizona Criminal Justice System. Also, make sure the DUI attorney defends DUI charges on a regular basis in Chandler Court and is familiar with Chandler court procedures, protocol, the judges and prosecution.

Retaining a good Chandler DUI lawyer is the best thing you can do to take control of your life and your Chandler DUI charges following your arrest. It can mean the difference between getting the max due to a conviction, v. getting your case dismissed, charges and sentencing reduced, of a much better outcome in your case than if you tried to fight the system alone.

Continue reading "Chandler DUI Attorney | DUI Breath Test Defenses " »

December 2, 2010

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" »

November 9, 2010

The United States Supreme Court has held that an officer must have a reasonable suspicion of a criminal or traffic offense to stop a vehicle. If the police did not have a justified reasonable suspicion, then your Chandler DUI Attorney will have a compelling legal argument to pursue for dismissal of your Chandler, AZ DUI charges.

Chandler DUI
This is just one of many factors a Chandler DUI lawyer will examine and challenge in your Chandler DUI defense. But you will not get that benefit without a good Chandler DUI criminal defense or Chandler DUI lawyer. DUI Charges in Chandler AZ are serious, and carry some of the harshest penalties in the country. If you were charged or arrested for a Chandler DUI you will need an experienced Chandler DUI Attorney or an Arizona Attorney who defends charges frequently in the Arizona courts, to defend your Chandler DUI charges.

Below are just a few of many common defenses that an experienced criminal defense or DUI Attorney in Arizona may use to defend your case. Excerpts are cited in part from the Arizona Winning DUI Defense Strategies © Book Series, "101 Arizona DUI Defenses" © written by experienced Arizona DUI Attorney James Novak:

Top DUI Defenses

ILLEGAL STOP OF PERSON OR VEHICLE - Were you legally stopped by the Chandler police?
The United States Supreme Court has held that an officer must have a reasonable suspicion of a criminal or traffic offense to stop a vehicle. If the officer did not have a reasonable suspicion, then the remedy may call for a dismissal of your Chandler DUI charges. The officer must be able to substantiate a specific and just cause to believe there has been a traffic infraction or other violation of law. Weaving within one's own traffic lane for a short distance or making a wide turn should not justify a hunch that the driver is drunk driving or impaired by drugs or other toxic substances.

WEAVING WITHIN THE LANE - Were you stopped because your vehicle weaved within your driving lane?
Weaving once without crossing any divider lane lines is not a violation of the law. Your Chandler DUI defense attorney may file a motion to challenge the stop if it was based on a single observation of weaving within a lane as opposed to a significant or erratic amount of weaving within your lane to justify a stop. Swaying of a vehicle, especially larger vehicles such SUVs, travel trailers, trucks, buses, and the like, on the road, moving a matter of inches in the lane do not justify a reasonable suspicion to for a DUI stop. Many factors can cause the swaying or weaving of a vehicle within the driving lanes including strong winds, vehicle misalignment, attempting to avoid an accident because another car was infringing on a driver's lane, and more. Therefore, the police can not justify a DUI stop for that reason alone and no other driving infractions.

CHANGING LANES WITHOUT USING YOUR TURN SIGNAL - Were you stopped because you did not use your turn signal?
It is basic knowledge that you should always use your turn signal. However, an argument could be made that the stop was illegal because no other traffic existed, involved a remote area, or no other traffic was affected by your turn without using a turn signal. The police and prosecution will argue that you are required to signal if there is other traffic nearby. Most DUI arrests occur late at night and very often the police car is the only vehicle even within sight distance of the driver. In fact Arizona Law supports this theory as follows:

A.R. S 28-754. Turning movements and required signals: "A person shall not so turn any vehicle without giving an appropriate signal in the manner provided by this article in the event any other traffic may be affected by the movement."

The keywords in this language are "in the event any other traffic may be affected by the movement." The argument your DUI lawyer representing you in Chandler would be that no traffic was affected, because no traffic existed.

DRIVER FATIGUE: Did the police stop you because you appeared tired at the wheel?
Drivers can simply be fatigued for hundreds of reasons rather than under the influence of drugs or alcohol. Driving fatigued can produce many of the same signs as impaired driving under the influence of drugs or alcohol. However, it is not a crime to simply be fatigued while driving. If that was the only reason for the DUI stop, your Chandler DUI Attorney may file a motion to dismiss the charges.

Chandler DUI Lawyers
To go through the criminal justice process or Chandler Court unrepresented by a good Chandler DUI lawyer or criminal defense attorney, is simply putting your life, hope and future into the hands of the person wanting to convict you, the prosecutor. Their job is not to help you get a good outcome or find a reason to dismiss or defend your Chandler DUI charges. Many of the best Arizona DUI Attorneys agree that if you face DUI charges in Chandler AZ, you should retain an Arizona DUI lawyer to defend your case, preferably one who defends DUI charges often in Chandler Court. Without the qualified defense of an experienced DUI attorney, you are setting yourself up for a swift and harsh DUI conviction. A good DUI lawyer in Arizona will fight to make sure your constitutional rights are protected, examine the evidence, build the most solid and effective defense possible, attempt to get your DUI charges dismissed, reduced or otherwise the best outcome in your case.

Continue reading "CHANDLER DUI LAWYERS | TOP DUI DEFENSES" »

October 13, 2010



"A good Chandler DUI defense attorney will investigate to determine if the police met the standards needed for "probable cause". If not, an experienced Chandler 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 Chandler AZ for a DUI, you should consult a Chandler DUI Attorney or criminal attorney who defends cases often in Chandler Court through the criminal justice system. Most qualified Chandler criminal attorneys and DUI defense attorney who defend DUI charges in Chandler AZ provide free consultations. They should give you helpful information about your Chandler DUI charges, and defense options.

Probable Cause for Arrest | Chandler DUI
From a Chandler DUI charge defense view, your Chandler DUI Attorney may be able to get your Chandler, 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 Chandler Police to feel they had justifiable evidence "enough to cause a reasonable person to believe that a crime has been committed." The Chandler 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 Chandler DUI defense attorney will investigate to determine if the police met the standards needed for "probable cause". If not, an experienced Chandler 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, 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 DUI conviction has such negative impacts on your life as job loss, job suspension, or future job opportunities, loss of driver's license, costly fines and fees, mandatory incarceration in jail or prison, court ordered ignition interlock devices to be installed in your vehicle at your expense, probation, treatment or counseling, and any other penalties the Chandler 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 Chandler DUI charges and Chandler DUI arrest.

Scottsdale Arizona DUI Defenses
It is important to remember that just because you were charged with a Chandler DUI does not mean you are or will be convicted of that offense. Simply put, a charge is not a conviction. DUI charges can be challenged. This is best done by retaining good DUI defense Lawyer in Arizona you 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 most effective defense strategy for your Chandler 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 Chandler DUI charges and arrest, after obtaining and examining all the evidence and facts. Your Arizona DUI lawyer will present it with compelling arguments to the judge, Chandler Court, prosecution through the proper legal channels and criminal justice system.

DUI Defense Attorney Chandler | 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 Arizona Criminal Defense who defends cases in Chandler or Chandler DUI Attorney, Many people consider the Chandler Arizona criminal justice system and Chandler Court to be a maze of complex rules, guidelines, and protocols. You will need an experienced Arizona criminal defense attorney or Arizona DUI lawyer who regularly defends Arizona DUI charges through the criminal justice and court systems. A good Chandler 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 Arizona 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 Chandler, 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 Chandler, Mesa, Phoenix, Scottsdale, Gilbert, Tempe 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

September 25, 2010

Why a Chandler DUI Lawyer Who Fights Chandler Felony DUI Charges Regularly Should Defend You

"Your Best Offense against a Felony DUI Conviction is a good Chandler DUI Lawyer who knows what defenses to use to fight for a dismissal of Your Chandler DUI Felony Charges."

If you were charged with a Chandler Felony DUI, you will need to consult a DUI Attorney with proven success in defending Chandler DUI cases. The State of Arizona and Chandler take Felony DUI charges very seriously. They aggressively pursue convictions and they will work hard to get them. The last thing they want to do is help you and your defense. You must fight fire with fire. You will need an experienced DUI Attorney who regularly defends clients in the Scottsdale Courts to fight just as diligently to defend you, and your rights, and pursue a dismissal of your Chandler Felony DUI charges. Without a good Scottsdale DUI Attorney, Arizona criminal Defense lawyer, or Maricopa DUI defense lawyer, you are at a dangerous disadvantage, and your chances of getting a dismissal, or any reduction in charges are slim to none.

Felony DUI charges are also called interchangeably "Aggravated DUI charges". Felony DUI convictions have much more serious sentencing and adverse impacts that can follow you the rest of your life. Chandler Felony DUI or Aggravated DUI convictions carry sentences that can include up to 4 months or more in prison, exorbitant fines, fees, restitution, loss of your driver's license, mandatory Ignition Interlock device, counseling, mandatory treatment programs, probation, and whatever else the court feels is necessary.

Your Best Offense against a Felony DUI Conviction is a good Chandler DUI Lawyer who knows what defenses to use to fight for a dismissal of your Chandler DUI Felony Charges. Your Maricopa County Arizona DUI or Scottsdale criminal defense Attorney must have a vast of amount of criminal defense and 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 Chandler Felony DUI prosecution. With a good Chandler or Arizona Chandler DUI Lawyer you may even be able to get your charges dismissed completely, reduced from a Felony to a Misdemeanor or something as small as a civil traffic citation. It does not happen every time, but it happens in many cases. It requires aggressive and experienced legal representation by a proven and dedicated Maricopa County DUI Attorney, Chandler Felony DUI attorney, or Arizona criminal defense attorney who defends cases regularly in Chandler courts and Maricopa County Courts throughout Arizona.

There are many defenses that can be used, and evidentiary issues that can be challenged in your Chandler Felony DUI charges, based upon your set of circumstances. Many of these such 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. You deserve no less in an Arizona DUI Attorney to defend you.

There is a big difference between knowing your rights and defenses, and actively utilizing those defenses and standing behind your constitutional rights. It must be done in the proper way, through the proper legal channels and court system. Otherwise they are of no use to you. A good Chandler DUI Lawyer knows exactly what to do and how to do it. Unfortunately many people make the mistake of trying to represent them selves without hiring an attorney. This is a very dangerous thing to do. A person may have all the best intentions and say or do something they think is helping their case. But in fact, they find out, they only incriminated themselves further and helped make the prosecutions case stronger. 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 Chandler 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 good outcome on your case drastically increase.

If you have been charged with any Chandler 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 Chandler DUI, 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 Chandler 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, Chandler, Mesa, Gilbert, and 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.

September 5, 2010

Defending Chandler Extreme DUI Charges

"There are many defenses that can be used by a skilled Chandler extreme DUI lawyer. Many evidentiary issues can be challenged, all under the appropriate circumstances."

Extreme DUI Penalties Chandler, AZ
A Chandler DUI in Arizona is classified as an "Extreme DUI" when a person's Blood Alcohol Content (BAC) Level is more than 0.15%. This is usually determined via use of a breathalyzer machine test or blood sample results. Even if it is your first AZ DUI conviction the sentence is severe requiring mandatory jail time. The higher the BAC the harsher the Arizona DUI penalties will be. In addition to jail or other incarceration additional penalties may be ordered by the court including fines, fees, probation, court ordered use of ignition interlock device on your vehicle, loss of your driving privileges and any other punishments depending on the circumstances surrounding your charges and conviction

Extreme DUI Defenses in Chandler AZ
Defending an Extreme DUI in Chandler, AZ requires the strong defense and litigation skills of an experienced DUI lawyer who defends DUI charges frequently in Chandler AZ Court on a regular basis. There are many defenses that can be used by a skilled Chandler extreme DUI lawyer. Many evidentiary issues can be challenged, all under the appropriate circumstances. Many of these defenses are cited and discussed in detail in the Winning Defense Strategies Book ©"#1 Arizona DUI Defense" and "101 DUI Defense Strategies" © Book, written by a successful and experienced DUI Defense and trial Attorney James Novak. Abridged versions of these and additional AZ criminal and DUI defense can be downloaded free of charge to the public at http://www.arizonacriminaldefenselawyer.com/lawyer-attorney-1588988.html

Arizona Extreme DUI Laws
Chandler extreme DUI charges, fall under the strict rule of Arizona State Law DUI and criminal codes and read in part as follows:

28-1382. Driving or actual physical control while under the extreme influence of intoxicating liquor

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle:

1. 0.15 or more but less than 0.20. (Cited in Part)

Chandler Extreme DUI Attorney
Your Chandler DUI Attorney will explain Arizona DUI Laws, your defenses, and your constitutional rights in your situation, the processes, and what to expect. Understand that there is a tremendous difference between knowing what the defenses are, and executing them through the legal processes to challenge evidence and charges successfully. This takes years of education, litigation & defense experience. This is why you need the legal representation of a good Chandler DUI lawyer, who defends cases in Chandler AZ on a regular basis.

Some who face extreme DUI charges in Chandler AZ feel that out of necessity they must fight their DUI charges alone without good private practice DUI Attorney who defends DUI charges in Chandler on a regular basis. Unfortunately, they find out that it was the easiest way to get a conviction, with disastrous penalties including jail, fines, fees, interlock device, probation, restitution if applicable, and be far more costly than if they had hired a Chandler Extreme DUI Attorney. It makes the prosecutions job easier if you don't hire a private practice DUI attorney. It helps make their case stronger. At every turn they will skillfully try to get you to incriminate yourself further. Evidentiary or Constitutional Right issues may exist that perhaps seem irrelevant or meaningless to you, but in fact they could be material issues that can be used in favor of your defense.

A good Chandler DUI defense attorney will recognize it and use it to defend you. The prosecution will not offer exculpatory (evidence that will help your case) or bring any flaws in the prosecution's case to your attention to help you defend yourself. There are deadlines, motions to file, conferences hearings, settlement negotiations, and strict court procedures must be strictly complied with. The Chandler Court and processes can be an overwhelming maze to get through without an experienced Chandler DUI attorney who deals with it on a daily basis.

With a good Chandler extreme DUI defense attorney, your chances of getting evidence suppressed, charges reduced (to a non-extreme, or civil traffic violation for example), or a complete dismissal of charges or other good outcome on your case drastically increase. A Chandler DUI lawyer with experience in defense and a strong litigation back ground will be well versed and familiar with AZ DUI laws, Chandler Court, defense strategies, examining evidence and challenging it to defend your Chandler DUI charges. You need a strong DUI defense Attorney to build that wall of protection between you, the police and prosecution. You need someone knows how to gather and examine all evidence available, retest blood sample evidence, protect your constitutional rights, and educate and present your defense to the judge, prosecutors, and or jury.

If you have been charged with any Chandler 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 Chandler DUI, Chandler 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 Chandler criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

Continue reading "Chandler DUI Lawyer" »

August 23, 2010

A Good DUI Attorney will fight to get your Chandler DUI charges Dismissed!

"The Stakes are high. Hiring a good, experienced private practice DUI Lawyer can mean the difference between getting a Chandler DUI conviction or dismissal of your Chandler DUI charges."

If you face Chandler DUI charges you will need to hire a criminal defense lawyer or DUI Attorney who defends cases regularly in the Chandler Courts. Many good DUI Attorneys will provide you with a Free Consultation. When you decide, make sure the DUI Attorney you chose has a proven record of defending Chandler DUI cases, knows the constantly changing Arizona DUI laws, Case law that may affect your matter, breath and blood testing issues; and police and handling protocol. You must know that the Arizona DUI attorney defending your Chandler DUI charges will be proactive in defending your case, and not just go through the motions. Make sure that DUI attorney understands all the different types of defenses that can be used to challenge evidence, fight a Chandler DUI charges, and work to get your case dismissed. Knowing what to do and how to do it are quite different then actively doing what needs to be done.

Choosing a DUI lawyer to defend your Chandler DUI charges is an extremely critical decision. Second chances at freedom are rare. There are many Arizona DUI Lawyers. But your challenge is to find a good one. Just because they have the title or went to a highly rated law schools doesn't in and of itself make them a good defense Attorney in the practical world. You don't need help getting yourself convicted, and you certainly don't want to pay for it! You need a good Arizona DUI attorney to fight your Chandler DUI charges. There are many, many defenses that can be used, and issues that can be challenged. Some of these defenses are listed and discussed in detail 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 www.arizonacriminaldefenselawyer.com.

Chandler DUI convictions carry severe penalties. Arizona has some of the toughest DUI laws and punishments in the Country. Even a first time Chandler DUI charge carries severe penalties. There is too much to lose not to hire a good DUI Attorney to represent you and fight your Chandler DUI charges. A DUI conviction of any kind can have such negative impacts on your life such as loss of job or future job opportunities, loss of driver's license, high fines, costly fees, mandatory incarceration, and use of court ordered interlock device. This device is installed in your vehicle at your expense, and requires you to prove you have not been drinking before the auto's ignition will start-up.

The chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome without a good Arizona Criminal Defense or DUI Attorney who regularly defends cases in Chandler are slim to none. The Chandler court system has strict rules, guidelines, and protocols it must follow. You will need an experienced criminal defense attorney or DUI lawyer who regularly defends DUI charges in Scottsdale, Arizona to represent you. A good DUI Lawyer will do everything possible to build An effective Chandler DUI defense case, protect your constitutional rights, and fight to get your charges dismissed.

A Chandler DUI has many facets which must be examined. Each individual's case is different. There is no "cookie cutter" DUI or defense. There are many things a good attorney will pick up on after years and year of litigation and experience that a text book does not teach you in law school. Every defendant's case must be evaluated on its on merits, circumstances, evidence or lack thereof. Some factors that should be examined include but are not limited to: violations of your state or federal constitutional rights, the initial reason the police stopped you, the police officer's evidence, their deciding factors in making the DUI arrest, handling of the evidence, proper crime lab testing methods and handling of specimens, proper implementation of field sobriety tests, reliability of testing methods, maintenance and reliability of breathalyzer machines, and many more factors. You will not get the benefit of having these factors evaluated or the evidence challenged without a good private practice Criminal Defense or DUI attorney who defends cases in Chandler regularly. The Stakes are high. Hiring a good, experienced private practice DUI Lawyer can mean the difference between getting a Chandler DUI conviction or dismissal of your Chandler DUI charges.

If you have been charged with any 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 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 Scottsdale, Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Chandler Arizona DUI Lawyer " »