How To get Your Arizona DUI Charges Dismissed!
If you have been charged with an Arizona DUI, you have already learned that Arizona has some of the toughest DUI laws and DUI penalties in the Country. What you need now is to contact a good Arizona DUI attorney, the sooner the better. You may be feeling helpless against the prosecution at this point. But there are things you can do in conjunction with the guidance of your Arizona criminal attorney, to take control your DUI charges. It will require some actions on your part. But it will be well worth your time, if the results turn out to be a dismissal or reduction of your charges.
Here are just a few items out of "24 things" from the third DUI Defense book from the Arizona DUI Winning Defense Strategies Series by Author: James Novak, Arizona Criminal and DUI Defense Attorney. It is entitled "Your 24 Hour Defense Action Plan * 24 hours * 24 things you should do following Your AZ DUI Arrest":
Write, Type, or Document in some form a Detailed Narrative of the Incident As You Recall It:
Your Arizona DUI Defense will depend on these specific facts about your DUI. It is of little or no difference whether you got a Phoenix DUI, Tempe DUI, Scottsdale DUI, Gilbert DUI, Mesa DUI, Chandler DUI, misdemeanor DUI or felony DUI. The type and location of the stop is of no concern at this point for your Arizona drunk driving defense. What matters most is for you to record what happened- Who, what, why, where, and when that night or day. The sooner you do this the better. The further away from the event, the harder it will be to remember the details. Include everything leading up to the initial encounter with Arizona law enforcement stop. The more details you remember, the better the chances of you and your DUI lawyer identifying defenses that can be used, improve credibility of your story and testimony, and getting your case dismissed in Arizona.
Eating and Drinking:
Include a description of your eating and drinking from over the 24 to 48 hours until the time of the stop. (including drinking while driving and/or especially drinking or eating after driving), where did you eat or drink, what did you eat or drink, how much, actual time of start to finish for each meal, and for each drink, duration from time of last drink time until you drove, and until the first police contact. Try to remember how long was it from when you last drank until the time before you drove until the time of blood and/or breath tests took place. Try to recall where was the location of the stop and results of each breath or blood test.
Contact the Arizona MVD If You Want a Hearing:
In most cases the Arizona police will take your driver's license and gives you a pink carbon copy of a notice of suspension and temporary license, unless you had an out-of-state license or the alleged DUI is drug-related instead of alcohol related. Note: You have only 15 days from the date you received the notice (usually the arrest date, but not always) to request an MVD for a hearing (it's called an Admin Per Se hearing). This MVD suspension or revocation is otherwise automatic on the day your pink license expires, and is entirely different from the criminal court's proceedings. The MVD matter is more like a second civil matter in and of itself, separate from your criminal charges. So there are two entities to deal with: The State or County Court and Prosecution and then the State Motor Vehicle Department (MVD).
Photographs of the Location of the Stop or Arrest:
Your DUI attorney will explain that photographs of things that the police relied on as a reason for the stop may be challenged if the facts support it. Therefore, photograph anything that is related and referenced by the police such as objects that may have been hit or otherwise barriers such as other vehicles, light signals, trees. Also include mechanical items that were broken or failed such as turn signal lights, brake lights, taillights, a stop sign or traffic signal you may have been accused of disobeying, any surrounding barriers such as long branches or trees covering a sign or signal, or large utility truck or bus stopped in front of a traffic signal blocking its' view, or low branches, electrical lines that may have been covering the view of the sign or signal. Document weather conditions and landscaping such as large snow drifts blocking a sign, large hail stones slamming on to your windshield and the like. Note, a photo of the scene of the arrest and/or sobriety testing, photo or video of the terrain or landscaping, damage to a vehicle, injury to you or others may be critically important later when the actual evidence has disappeared.
Consult an Arizona DUI Lawyer as Soon as Possible:
DUI cases in Arizona are serious offenses. Even for some attorneys, they are difficult to defend due to changing laws, and the many facets involved with effectively defending a case. You need to consult an Attorney who is well versed in all such matters surrounding Arizona DUI Cases, defends them on a daily basis and has extensive DUI litigation experience. Criminal Defense & DUI Attorney must have the needed experience and education to know the principles of biology, alcohol physiology, and the flaws of the breath machine and blood testing process, roadside police investigation procedures, be familiar with the constantly changing and radical Arizona DUI laws, and the vast number and type of DUI defenses that can be used to defend your case, and get you a successful outcome.
If you have been charged with any Arizona DUI, Misdemeanor or Felony DUI, Repeat DUI, DUI with an accident or injury, Extreme DUI, Super Extreme DUI, Underage Drinking DUI, Aggravated DUI, DUI with prescription drugs, DUI with dangerous drugs, or any other Arizona Drug DUI, or any Criminal charge contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499.
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