Phoenix DUI Lawyer Blog

Mesa Extreme DUI

"...with a Mesa extreme DUI attorney, your chances of getting evidenced 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."
Extreme DUI Penalties Mesa, AZ

A Mesa DUI in Arizona is classified as an "Extreme DUI" when a person's Blood Alcohol Content (BAC) Level is more than 0.15%. The Mesa police usually find out a driver's BAC by means of a breathalyzer machine test or blood sample test. 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 Mesa AZ
Defending an Extreme DUI in Mesa, AZ requires the strong defense and litigation skills of an experienced DUI lawyer who defends DUI charges frequently in Mesa AZ Court on a regular basis. There are many defenses that can be used. 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
Mesa extreme DUI charges, extreme DUI penalties, DUI sentencing, DUI definitions all fall under the strict rule of Arizona State Law DUI and criminal codes:

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)

Extreme DUI Lawyer Mesa, AZ
Your Mesa DUI Attorney will explain Arizona DUI Laws, and defenses, and your constitutional rights in your situation. Know that is a great difference between knowing defenses are, and executing them in order to challenge evidence and charges. This is why you need the defense of a good Mesa DUI lawyer, who defends cases in Mesa AZ on a regular basis.

Some people charged with extreme DUI in Mesa AZ feel that out of necessity they must try to fight their DUI charges alone without good private practice DUI Attorney who defends DUI charges in Mesa on a regular basis. Unfortunately, they find out sooner than later that it is the quickest way to get a conviction, with no break or mercy in sentencing, jail, fines, fees, interlock device, probation, restitution if applicable, and be far more costly than if they had hired a Mesa Extreme DUI Attorney. Also, 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. Also, there may be important evidentiary or constitutional right issues that may have perhaps seemed unimportant or even meaningless to you, but are actually material to your defense. A good Mesa DUI defense lawyer will recognize and use it in your favor. The prosecution will not offer it, or bring it 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 Mesa Court and processes can be an overwhelming maze to get through without an experienced Mesa DUI attorney who deals with it on a daily basis.

With a Mesa extreme DUI attorney, your chances of getting evidenced 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 Mesa DUI lawyer with experience in defense and a strong litigation back ground will be well versed and familiar with AZ DUI laws, Mesa Municipal Court, defense strategies, examining evidence and challenging it to defend your Mesa 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 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 ATTORNEY AZ" »

"An Experienced Mesa DUI Lawyer may be able to
reduce your DUI to a lesser charge, with lesser or no jail or prison sentence or even get your DUI charges dismissed completely."

Mesa DUI (Driving under the Influence) aw is governed by Arizona State Law DUI conviction includes mandatory jail or prison sentences depending on the severity and classification and circumstances surrounding your Mesa, AZ DUI charges, and the circumstances surrounding your DUI charges and arrest. If you have been charged and arrested, you still have a constitutional right to a defense. A DUI charge is not yet a DUI conviction. A Mesa Drunk Driving charge is just the beginning. An experienced DUI lawyer who defends cases in Arizona Court will among other things, make you're your DUI charges are justified, that there were no constitutional rights violations, and look for weakness or flaws in the prosecution's case. "An Experienced Mesa DUI Lawyer may be able to reduce your DUI to a lesser charge, with lesser or no jail or prison sentence or even get your DUI charges dismissed completely." There job is to fulfill your constitutional right to a defense. And a good Mesa DUI Attorney's job is to use every available means through legal channels to do that.

Important Note: Depending on the severity, circumstances and classification of the Mesa, AZ DUI charges Mesa AZ DUI convictions will include other penalties such as fines, fees, costs, probation, counseling, ignition interlock device, criminal record, and other punishments in addition to jail or prison time. Also, the jail or prison time may fluctuate depending on the facts of your case and criminal history, if any.

Often, the first question many people have who faces Mesa DUI charges is "If convicted, will I go to jail or prison and for how long?" The following is discusses the portion of the Arizona State Law that relates to the incarceration portion of DUI conviction sentencing. Remember, the answer may not be the same for everyone in every situation. Some Judges have discretion to increase the penalties and sentencing depending on your specific set of circumstances, criminal history and whatever the judge deems appropriate.

Arizona DUI Minimum Incarceration Sentencing Guidelines paraphrased 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 (DUI with aggravated classification.....4 Months in Prison

The Mesa Court and Mesa Prosecutor will not do anything to help you defend your case. They want Mesa DUI convictions. If you choose to go unrepresented (not recommended), basically your side of the story will be ignored. In fact, without DUI legal representation and guidance by an Arizona DUI Lawyer or Criminal Defense Attorney who defends DUI charges frequently in Mesa Court, you may unknowingly be incriminating yourself further. The Mesa Prosecution and Mesa Court gets a fast conviction with little work when a defendant goes unrepresented. And without proper legal representation your attempts at defending yourself could make matters worse.

Your AZ DUI Attorney defending your in Mesa Court for your DUI, will be familiar with protocol, experience in frequent DUI litigation, understanding of Arizona law and changes in Arizona State law, Case law (other cases that may effect yours), and most importantly will know well what defenses can be used to build and mount a successful defense on your behalf. A good DUI Attorney in Arizona will do everything possible to get your case dismissed or a reduced sentence based on weaknesses in the prosecutions case. They will be the barrier between you and the Mesa Prosecution. They will be your voice of legal defense reason, and mount a strong defense on your behalf with the goal of make your rights are not violated, and that your future and freedom are protected.

If you have been arrested for any Mesa Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, Felony 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 Penalties Require Jail Time For Arizona DUI Convictions" »

A Mesa DUI Defense is something that allows your Mesa DUI Lawyer to file Motions to Dismiss the charges or suppress certain evidence that Prosecutors would otherwise use against you in their attempt to convict you of Mesa DUI charges. Your Mesa DUI Defense Lawyer may at times be able to present a specific defense which will allow for a negotiated dismissal or reduction of the Mesa DUI charges.

A good Mesa DUI attorney or DUI lawyer who defends DUI charges frequently in Mesa are familiar with what defenses can be used to challenge a the prosecutions evidence against you. Below is a list of primary categories of defenses that are often used to fight DUI charges in Mesa. These are outlined and discussed in detail in the "Winning Defense Strategies" DUI Defense Book Series written by: James Novak, Arizona DUI and Criminal Defense Attorney:

"Some areas to consider for your defense strategies include but are not limited to the following:

• INDEPENDENT STOPS AND ARRESTS

• FIELD DUI SOBRIETY CHECKPOINT - ROADBLOCKS STOPS

• POLICE OBSERVATIONS OF THE ACCUSED

• FIELD SOBRIETY TESTS

• BREATH, BLOOD AND URINE TESTS

• SUFFICIENCY OF EVIDENCE DEFENSES

• CONSTITUTIONAL RIGHTS VIOLATIONS

• TRIAL DEFENSES ..."

Mesa DUI charges, classifications, and laws fall within the Arizona State Criminal Laws and Statutes. Arizona has some of the harshest laws and penalties in the country for DUI charges. Even a first time DUI in Arizona carries mandatory jail, and court ordered court ordered use of an interlock ignition device to be installed in your vehicle. Mesa Arizona Prosecution wants DUI charges convicted. It makes no difference, who you are, or that fact that you do not have a criminal record. Mesa is looking for DUI convictions, and will do everything within their authority to get them.

If you have hired a good Mesa DUI attorney or Arizona DUI lawyer your chances of getting your charges dismissed or reduced significantly increase. Your DUI lawyer defending your Mesa charges an will use every appropriate defense in an attempt to challenge the prosecutor's case, get your Mesa DUI charges dismissed, reduced or otherwise the best possible outcome in your case.

If you have been charged with any Mesa 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 Chandler Drug DUI, or any Criminal charge contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Mesa Criminal and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Mesa DUI Attorneys| Mesa Defenses " »

A Good Mesa DUI Attorney will challenge all evidence possible to get your DUI charges Dismissed!

"Hiring an experienced private practice DUI Attorney can mean the difference between getting a Mesa DUI conviction or total dismissal of your Mesa DUI charges."

If you face DUI charges in Mesa, you will need to consult a criminal defense attorney or DUI Lawyer who defends all types of criminal charges and DUI charges in Mesa Arizona on a regular basis. Make sure your Arizona DUI Lawyer is has a proven track record of defending Mesa DUI cases, knows the Arizona DUI laws which are constantly changing, Case law that may affect your case, breath and blood testing issues; and police and handling protocol. But most importantly, you need to know that the Arizona DUI attorney defending your Mesa DUI charges will make active efforts to defend 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 Mesa 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 Mesa DUI charges is an extremely important decision. There are many Arizona DUI attorneys. But the good ones are not so easy to find. 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. 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 Mesa 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 completely free of charge www.arizonacriminaldefenselawyer.com.

Mesa DUI convictions carry severe punishments, and Arizona has some of the toughest DUI laws and penalties in the United States. Even a simple first time Mesa DUI charge carries severe penalties. There is too much to lose not to hire a good DUI Attorney to represent you and fight your Mesa DUI charges. A DUI conviction of any kind can have life changing adverse impacts on your job or future job opportunities, loss of your right to drive and 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 Mesa are slim to none. The 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 Mesa Arizona to provide you will legal representation. A good DUI Lawyer will do everything possible to build an effective Mesa DUI defense case, protect your constitutional rights, and fight to get your charges dismissed.

A Mesa DUI has many facets which must be examined. Each individual's case carries a separate set of circumstances. There is no "cookie cutter" DUI and the same goes for a DUI Defense. Every defendant's case must be evaluated on its on merits, circumstances, evidence or lack thereof. Some factors that must be evaluated and challenged include violations of your state or federal constitutional rights, the reason for the stop, the police officer's evidence and deciding factors in making the DUI arrest, handling of the evidence, proper crime lab testing methods, proper implementation of field sobriety tests, handling of lab results of toxicology tests, maintenance and reliability of breathalyzer machines, and many more factors. But you will not get the benefit of having these factors evaluated and challenged without a good private practice Criminal Defense or DUI lawyer who defends cases in Mesa regularly. Hiring an experienced private practice DUI Attorney can mean the difference between getting a Mesa DUI conviction or total dismissal of your Mesa 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 Mesa Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Mesa DUI Lawyer " »

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 " »

Get Your Mesa DUI Case Dismissed!

If you face Mesa DUI charges, you already realize how serious it is. You will need an experienced DUI attorney or Criminal Defense Attorney who defends cases on a regular basis for DUI charges in Mesa Arizona. You will be working as a team with your Attorney to build a strong defense. There are things you can do in conjunction with the guidance of your Mesa criminal attorney, to help get your charges dismissed, reduced, evidence suppressed and get the best possible outcome in your case.

Here are just a few excerpts of from "24 things" the third DUI Defense book of the Arizona DUI Winning Defense Strategies Series by Author: James Novak, Mesa 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":

Consult a DUI Lawyer who defends DUI charges in Mesa, as soon as possible. Even for some attorneys, DUI charges can be difficult to defend due to the strict and often changing laws and the many facets involved with effectively defending a Mesa DUI charge. You will need a Mesa DUI Lawyer well versed in all such matters surrounding Mesa DUI Cases, defends them on a daily basis and has extensive DUI litigation experience, and knowledge of Mesa DUI Law. Mesa Criminal Attorneys
and DUI Lawyers must possess the needed experience and education to know not only legislative and case law, but 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 Mesa 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.

Document in Some Form Details and Narrative of the Incident As You Recall It: Your Mesa 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 Mesa 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 Mesa 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 Mesa. In particular the reason for the stop can be one of the most important factors in defending your case.

Don't Wait to Contact the Arizona MVD For A Hearing: In most cases the Mesa 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).

Communication is the Key: One question to ask when you are looking for legal representation is "With whom will I be communicating with on a regular basis?" The DUI Attorney must be familiar with all the details surrounding your case. You need an open line of communication with them throughout your case, whether you have for questions, or need status or updates of your case, court dates, or if the Attorney needs to clarify something or needs other documentation you can provide for your defense. If you have hired an attorney, with whom you feel you can not get through to whe1n you call, or have difficulty communicating with, or do not have a professional comfort level with your case may be destined for failure. This is a major factor to consider, if and when you decide to hire a Mesa DUI lawyer.

If you have been charged with any Mesa 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 Mesa Drug DUI, or any Criminal charge contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Phoenix Criminal and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "MESA DUI DEFENSE" »

Defenses Used by Top Rated Mesa DUI Lawyers
"Fight Your DUI and Win!"

If you have recently been charged with a Mesa Arizona DUI charges you have already been through a traumatic experience, and realize how serious the charges are and wonder if there is anything that can be done. The answer is YES. You can fight your DUI and win! But your first step is to hire a Mesa DUI Attorney who can fight the battle on your behalf. The Mesa Courts and Legal systems are complex. There are no short cuts to an effective defense. An attorney who defends clients on a regular basis in the Mesa Courts are well versed on the laws; familiar with the prosecution; your constitutional rights; and most importantly what defenses can be used to get the best outcome in your case. Experienced Mesa DUI attorneys get cases dismissed and charges reduced on a regular basis. Of course, they can't and should not guarantee an outcome for your Mesa DUI. In fact, if an Attorney "guarantees" you an outcome on your case, especially before you hire them...run, don't walk the other way!

Fundamentally, in Mesa Arizona 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 can call for a dismissal of the Mesa DUI charges. With that in mind, here is a brief sample of DUI defenses your Mesa DUI attorney may use to get your case dismissed, charges reduced or evidence suppressed. Excerpts below quoted from "101 DUI Defense Strategies" © Winning Arizona DUI Defense Strategies Book:

CHANGING LANES WITHOUT A SIGNAL AS A BASIS FOR A STOP
Were you stopped because you did not use your turn signal?
You should always use your turn signal at all times. 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 Mesa DUI arrests occur late at night and very often the police car is the only vehicle even within sight distance of the driver. 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."

INCOMPLETE STOP
Were you stopped because you did not brake to a complete stop where required?
In this scenario, the officer claimed that you did not come to a complete stop for a traffic signal. This alone should not be attributed to a sign of intoxication. Thousands of times a day drivers do not make a full and complete stop, intentionally or unintentionally. Also, if you have a passenger and there is a traffic video camera in the area that could oppose whom was claimed to have been seen in the picture or video.

WEAVING WITHIN THE LANE
Were you stopped because your vehicle weaved within your driving lane?
A motion may be filed 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. Does the 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 are a reason to stop? Were there any strong wind factors? Were you avoiding an accident because another car was infringing on your lane? Weaving once without crossing any divider lane lines is not a violation of the law. Therefore, a vehicle cannot be stopped for that reason. If there are no other infractions or reasons to stop the vehicle then the stop should be held illegal.

An experience Mesa DUI Attorney knows how to use the circumstances of your case, and your constitutional rights and the laws of Arizona in your favor. If you feel you deserve a second chance, consult a Mesa DUI lawyer regarding your Mesa DUI. You can Fight your DUI charges and win!

If you have been charged with any Mesa 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, 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.

Continue reading " Mesa DUI Attorneys" »

If you've been charged with a Mesa DUI, contact a Mesa DUI lawyer

If you have been arrested for a Mesa, Arizona DUI, it is crucial that you consult a Mesa Arizona DUI defense attorney. Without a Mesa AZ DUI lawyer, you will be facing an uphill battle for your Arizona DUI arrest and charges. You will need a strong defense, one that a top Mesa Criminal Defense or Mesa AZ DUI lawyer can provide. In Mesa, Arizona you will be subject to the strict penalties of the State of Arizona DUI laws. Whether you are stopped at a Mesa DUI sobriety checkpoint where hundreds or possibly thousands of people are stopped during or short time span, or an independent Mesa DUI, makes no difference in penalties. The charges, Misdemeanors v. a Felony depend upon how much alcohol, drugs or other substances which caused driving impairment was found in your system; if your receive repeat offense charges; if you are under the age of 21 when you are charged with the DUI; or if you are an adult driving impaired with a minor under the age of 15 in your vehicle while driving in Mesa, Arizona.

In Mesa, Arizona it is illegal to operate a motor vehicle while under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree (A.R.S. §28-1381(A) (1)) or "impaired to the slightest degree" (Requires Ignition Interlock Device) ordered by the court, at your expense. This includes driving a vehicle you have alcohol concentration of 0.08 or more 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. (A.R.S. §28-1381(A) (2)) or "DUI" (Requires Ignition Interlock Device) ordered by the court, at your expense. Note it has been a controversial issue over the years. But recent 2010 Arizona dui case law dictates that it is illegal to be impaired in the least "impaired to the slightest degree", even if you have the "the potential to be in physical control of the vehicle". Circumstances will be examined on their own merits. But it makes for an even more strict law for Mesa, Arizona DUI drivers who may be driving impaired under the influence of drugs or alcohol.

It is also unlawful for you to drive impaired in Mesa Arizona or be in actual physical control of a vehicle if you have 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: 0.15 or more but less than 0.20. (A.R.S. §28-1382(A)(1) or "Extreme DUI" (Requires Ignition Interlock Device) and 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: 0.20 or more. (A.R.S. §28-1382(A) (2)) or "Super Extreme DUI" (Requires Ignition Interlock Device) at your expense.

The Mesa Arizona DUI laws are strict and punishments harsh. It is dangerous to try to defend your Mesa AZ DUI charges without an Attorney. You should hire a Mesa AZ DUI Lawyer who defends all kinds of DUI and Drug DUI charges regularly in Mesa, Arizona; one who is an experienced litigator; understands the laws, including all the newest and changing laws; and most importantly, is familiar with defense strategies and methods that can be used in your defense. Hiring such a good private Mesa, Arizona DUI lawyer or not, can make the difference between a conviction or a dismissal, or a bad outcome and a great outcome. The sooner you make this decision, the easier it will be for your Mesa Arizona DUI Defense Attorney to build and mount a defense on your behalf against the Mesa Arizona Prosecution.

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