Phoenix DUI Lawyer Blog

"You have the right to defend your Mesa DUI charges, no matter what events led to the arrest. But you chances of actually getting the DUI charges dismissed increase drastically if you are being defended by a good Mesa DUI lawyer."

Mesa AZ DUI Charges
If you were arrested by a Mesa DUI Task Force for DUI or Drunk Driving charges, charges, you should contact a Mesa criminal defense or DUI lawyer as soon as possible. Arizona has some of the toughest DUI - DWI laws and penalties in the country. Currently all DUI convictions can expose you to serving jail time, in addition to other harsh punishments. Most experienced DUI Lawyers provide Free Consultations to those who need legal representation for their Mesa DUI or Criminal Charges, to discuss their case and options for defense.

DUI Charges from a Mesa DUI
Mesa DUI Sobriety Checkpoints (also DUI Task Forces, DUI Safety checks or DUI roadblocks) are set up at pre-determined locations, decided by Mesa city and law enforcement agencies. Generally they are set up around holidays or weekends where high volumes of traffic are expected. Mesa AZ is one of a majority of cities that set up and conduct DUI Sobriety Checkpoints throughout the year. Arizona has adapted the DUI Sobriety Checkpoints guidelines outlined by the National Highway Traffic and Safety Administration (NHTSA).

Difference between DUI Stop and Mesa DUI Stop
The main difference between a DUI stop and a DUI Task Force stop are the events that lead to the stop by police. DUI task forces set up DUI road blocks in a particular location decided in advance and organized by Mesa City Officials and Law Enforcement Agencies. The primary purpose of them is to seek out and arrest persons driving drunk, or driving impaired due to alcohol or drugs. Which vehicles the police will stop at a are decided in advance. Under the NHTSA guidelines the determination must be made by means of a "mathematical formula". For example, they may decide to stop every first, second, third, or fourth vehicle passing through the DUI roadblock. This means the task force police can legally stop the vehicle for a DUI safety check simply because they fall within the pre-determined numbered vehicle. They need no other reason stop or detain the driver of the vehicle.

This is different from a stop where the police pull someone over while they are driving due to suspicion of DUI, DWI, or Drunk Driving. In this case, the police must have "reasonable suspicion" that a violation of the law has occurred. The US Supreme Court held that an officer must have "reasonable suspicion" that a criminal offense or traffic infraction has occurred in order to stop and detain a driver for investigation.
Generally there is no difference in penalties resulting for a DUI task force stop and a Mesa DUI conviction where charges did not result from DUI task force stop.

Mesa DUI Defense Lawyer
You have the right to defend your charges, no matter what the circumstances led to your DUI. Your chances of getting your DUI dismissed increase drastically if you are represented by an experienced Mesa DUI Attorney. Many factors must be evaluated when defending a DUI Charge. Many people feel overwhelmed by the criminal court system's maze of procedures and protocol. Providing a solid defense on your behalf requires being well versed on Arizona DUI laws and changes, and possessing a vast amount of DUI trial experience defending DUI charges. Top DUI lawyers defend cases frequently throughout Maricopa County and are extremely familiar with the court systems, and procedures. They will guide you through the stages of your DUI case; conduct their own investigation of the facts; and events surrounding your DUI arrest. They will tailor and build a DUI defense case on your behalf based on your unique set of circumstances, and present compelling arguments on your behalf. The Best DUI lawyers in Mesa will make every effort to get your charges dismissed; reduced; or the otherwise best possible outcome in your case.

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

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

"You have the right to hire a Mesa criminal lawyer or Mesa DUI lawyer at almost every stage of your DUI or criminal case. And early retention increases the chances of getting your Mesa DUI Dismissed or other good outcome in your case."

The Importance of Hiring a Mesa AZ DUI or Criminal Lawyer Early
You can retain an Arizona Criminal Defense Lawyer at nearly every stage of a Mesa AZ DUI or criminal case. However, the best Mesa DUI and criminal defense lawyers would agree that the earlier you retain DUI Lawyer or criminal lawyer for your Mesa charges, the greater your chances of getting your Mesa DUI or criminal charges dismissed. Early retention of a Mesa AZ DUI or criminal defense lawyer is a one of the most important keys to a successful defense. Time gives your Mesa DUI attorney to gather evidence; protect your rights; build a successful defense strategy; file early motions; present compelling arguments to the court, prosecution or jury; and recognize and utilize the right time and processes to negotiate a dismissal of your charges.

At some mid to late stages in the DUI criminal justice process a good number of Mesa criminal lawyers or Mesa DUI attorneys will not accept your case. If you contact a private practice Attorney during mid or later stages of your case, they may not accept it. This is because due to their time demands, and heavy court or trial schedules, they feel it is too late to provide you with an effective defense. This generally occurs for the following reasons (reasons are not all inclusive):

• First off, don't be offended in the following scenario: You already have a public defender, or private practice attorney who has been handling your case. They you call another attorney, with no intention to hire a new attorney, and ask for a free consultation or to discuss your case. Ethically, 9 out of 10 attorneys will refrain from discussing your case. Among many other reasons, to do in most cases is unethical, and the attorney will refer you to discuss the matter with your current attorney.

• Often the prosecution and court have their minds made up about a plea offer that was made but unacceptable to you. It is not likely they can be persuaded to reduce the penalties just because you hired someone else. In fact they often times end up "digging their heels" further into the ground about the initial offer(s).

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

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

• Consider it your best interest if a new private practice attorney refrains from taking your case, if they feel their intervention will not likely change the outcome at that point.

• Many Mesa DUI and criminal defense lawyers and law firms regulate their case loads. They may feel that it would be too labor intensive and time consuming to the point and would take away from time required to defend their current clients who signed on earlier, as well as their heavy court and trial schedules that exist. Their first obligations would be to them, to allow adequate time and resources to tailor and mount a successful defense.

• Your case or trial is over and did not have a good outcome, so 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 to hire a Mesa criminal lawyer or DUI lawyer is, no different than being an employer. They work for you. However, Mesa DUI lawyer or criminal defense attorney also has the right refuse the job; thereby, refraining from handling your case.

If you prudently hire a private practice Mesa DUI Lawyer or criminal attorney early on, you will have a vast amount of defense Attorneys to choose from. You will easily 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.

Continue reading "Mesa DUI Lawyer | One Key to Getting a Tempe DUI Dismissed" »

5 facts you need to know about your Mesa Drunk Driving Charges!

The best advise a good Mesa drunk driving lawyer can give you...

1. Arizona Drunk Driving charges are serious offenses. Due to strict AZ DUI Laws, a drunk driving conviction exposes you to severe penalties including time in jail or prison. If you choose not to hire a private practice Mesa criminal defense lawyer, you will most likely meet an early conviction with severe punishments. Your best shot at getting your DUI dismissed, is to retain a private practice AZ criminal defense attorney who defends DUI charges in Mesa on a regular basis.

2. The Mesa or Maricopa County Prosecutor is not your friend. After you are arrested in Mesa for drunk driving, the DUI charges are escalated to the Maricopa County Prosecutor for criminal processing. Take note, that if your paths should cross with the Prosecutor, do not discuss any personal or other matters related to you case. Some defendants who have fallen in the trap, and let their guard down, were surprised at statement they made to the prosecution were used against them. guard down. Although they may appear friendly and greet you with a smile, you must keep in mind, they have an important job to do...to convict you of a Mesa DUI charge. So if a conversation should ensue, be polite and respectful, but do not engage in any discussion regarding your Mesa drunk driving charges or otherwise. You have the right to remain silent. Use it. Otherwise, you may find that you incriminated yourself and damaged your DUI defense. Simply 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.

3. Be prompt, and attend all scheduled court appearances for your Mesa
Arizona drunk driving charges. If you miss your court date or are late the Judge may issue an immediate warrant for your arrest due to "failure to appear". The only time this is not the case, is if you have retained a private practice Arizona DUI lawyer, and they or the Maricopa County Judge instructs you otherwise.

4. Following your arrest for a Mesa DUI, you will need to deal with two separate entities. First, is 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 Court for the criminal matter, the AZ DUI.

5. If you hire a good Mesa drunk driving lawyer, the will immediately begin your drunk driving defense. A successful defense begins well "before" your first scheduled court date. Note that doing nothing, or waiting in hopes of the best, without hiring a Mesa DUI attorney, gives the prosecution the advantage of having a case built against you, and leaving you with no shield of defense or preservation of your rights. 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. If you decide not to hire a private practice Mesa 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 Mesa drunk driving lawyer. You will be held to the same standards as would otherwise your Mesa DUI lawyer. This includes complying with procedures protocol; attending conferences and court appearances; meeting deadlines; building and presenting your own defense. Criminal and DUI charges are dismissed every day do to violations of a defendant's rights, violations in police protocol, weak evidence, or other policies and procedures required by AZ Law. An experienced Mesa DUI Attorney, will be prepared to make every effort to get your DUI charges dismissed by tailoring, building, and presenting solid and compelling defense on your behalf.

Continue reading "Mesa DUI Lawyer | Drunk Driving Arizona " »

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

The Importance of Hiring a Mesa AZ DUI or Criminal Lawyer Early
You can retain an Arizona Criminal Defense Lawyer at nearly every stage of a Mesa AZ DUI or criminal case. However, the best Mesa DUI and criminal defense lawyers would agree that the earlier you retain DUI Lawyer or criminal lawyer for your Mesa charges, the greater your chances of getting your Mesa DUI or criminal charges dismissed. Early retention of a Mesa AZ DUI or criminal defense lawyer is a one of the most important keys to a successful defense. Time gives your Mesa DUI attorney to gather evidence; protect your rights; build a successful defense strategy; file early motions; present compelling arguments to the court, prosecution or jury; and recognize and utilize the right time and processes to negotiate a dismissal of your charges.

At some mid to late stages in the DUI criminal justice process a good number of Mesa criminal lawyers or Mesa DUI attorneys will not accept your case. If you contact a private practice Attorney during mid or later stages of your case, they may not accept it. This is because due to their time demands, and heavy court or trial schedules, they feel it is too late to provide you with an effective defense. This generally occurs for the following reasons (reasons are not all inclusive):

• First off, don't be offended in the following scenario: You already have a public defender, or private practice attorney who has been handling your case. They you call another attorney, with no intention to hire a new attorney, and ask for a free consultation or to discuss your case. Ethically, 9 out of 10 attorneys will refrain from discussing your case. Among many other reasons, to do in most cases is unethical, and the attorney will refer you to discuss the matter with your current attorney.

• Often the prosecution and court have their minds made up about a plea offer that was made but unacceptable to you. It is not likely they can be persuaded to reduce the penalties just because you hired someone else. In fact they often times end up "digging their heels" further into the ground about the initial offer(s).

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

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

• Consider it your best interest if a new private practice attorney refrains from taking your case, if they feel their intervention will not likely change the outcome at that point.

• Many Mesa DUI and criminal defense lawyers and law firms regulate their case loads. They may feel that it would be too labor intensive and time consuming to the point and would take away from time required to defend their current clients who signed on earlier, as well as their heavy court and trial schedules that exist. Their first obligations would be to them, to allow adequate time and resources to tailor and mount a successful defense.

• Your case or trial is over and did not have a good outcome, so 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 to hire a Mesa criminal lawyer or DUI lawyer is, no different than being an employer. They work for you. However, Mesa DUI lawyer or criminal defense attorney also has the right refuse the job; thereby, refraining from handling your case.

If you prudently hire a private practice Mesa DUI Lawyer or criminal attorney early on, you will have a vast amount of defense Attorneys to choose from. You will easily 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.

Continue reading "Mesa DUI Lawyer | One Key to Getting a Mesa Arizona DUI Dismissed" »

Why You Need a Good Criminal Attorney to represent you at your Preliminary Hearing in Mesa AZ

Preliminary Hearing
Preliminary Hearings are usually held for non-indictment Felonies. A preliminary Hearing is next proceeding in through the Mesa AZ criminal justice system following your Initial Court Appearance. It is the court date, time and location given to you following your Mesa AZ arrest. It is important that you consult and retain an experienced criminal defense or DUI defense attorney who defends charges in Mesa AZ a regular basis and is familiar with Mesa Court protocol, your rights, and defenses. The preliminary Hearing is held before a court commissioner in the Regional Court Center (RCC).

The Purpose of the Preliminary Hearing
The purpose of the Preliminary Hearing is for the Court Commissioner to decide if there is enough evidence to show that a violation of the law most likely occurred, and that you were probably the one who committed that crime.

The Importance of being represented by a Criminal Defense Attorney
The prosecution can present witnesses and evidence against you at this hearing. And your Attorney can present evidence exculpatory evidence (evidence in your favor), as well as challenge the prosecution's evidence against you if there is legal basis to do so.
Less evidence is needed at this proceeding than a trial. However, be aware that there may be enough for the commissioner to find "probable cause". If the commissioner finds "probable cause", your case will be assigned to the Superior Court and Superior Court Judge for further proceedings and setting a date for trial.

If Your Mesa criminal defense attorney successfully challenges the evidence, gets it suppressed and can educate the prosecution and court on flaws and weaknesses in their case, then the commissioner may find and rule on "no probable cause" and your case will be dismissed.

Waiving a Preliminary Hearing
A preliminary hearing can be waived completely if the Prosecution, your criminal defense Attorney and You reach a plea agreement before that time. In the case of a plea agreement, your attorney works hard on your behalf to get you an alternative offer that is better than taking a chance, going to trial, and losing. In almost all cases the plea agreement terms are far better, then sentencing for a guilty verdict conviction. And the preliminary hearing, trial and possibility sentencing for a "guilty verdict" by a judge or are all avoided. The decision to go to trial or take a plea bargain is always yours. But it is important that you discuss and understand the ramifications of both avenues.

In any event, your chances of getting the case dismissed, charges reduced or a better outcome in your case increase drastically with the retention of a private practice criminal defense or DUI attorney who defends Mesa DUI and Mesa criminal charges.

Continue reading "PRELIMINARY HEARING | MESA DUI ATTORNEY " »

"You have the right to challenge your Mesa DUI, no matter what the circumstances. Your chances of getting your DUI charges dismissed increase significantly if you hire a top Arizona DUI Lawyer who frequently defends DUI Charges in Mesa, AZ."

Arizona sentencing and penalties for a conviction of a Mesa DUI (driving under the influence) or Mesa DWI (driving while intoxicated) conviction depend mostly on two factors:
1) the type of DUI you were arrested or charged for.
2). and whether or not you have a prior DUI or other criminal history.

If you face any type of DUI or DWI charge in Mesa, AZ should consult a Mesa AZ DUI Lawyer or Criminal Lawyer who defends DUI or criminal charges often in Mesa 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 Mesa 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 Mesa AZ DUI or Mesa AZ DWI is serious. All DUI convictions include mandatory jail sentences among additional penalties. A Mesa DUI "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.

Mesa AZ DUI Penalties
Mesa DUI classifications, sentencing and penalties are governed by the State of Arizona DUI laws. Depending on the circumstances, the judge usually has authority to add additional punishments on top of the mandatory penalties as they deem appropriate.
The penalties are referenced in detail and described for each violation at "azleg.gov/ArizonaRevisedStatutes... under the following citations: "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..."
Mesa AZ is has a reputation for being one of the toughest cities in Arizona to get a DUI. Their police force is highly trained and committed to prosecuting DUI charges.

Any Mesa DUI or DWI conviction will expose you to the following minimal penalties:
• Mandatory Jain in 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.

Mesa AZ Felony DUI
A Mesa AZ felony DUI also known as "aggravated DUI" conviction carries much more severe 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.

Mesa DUI Lawyers and the need for DUI Defense Mesa AZ
If you were arrested for a Mesa DUI, does not automatically mean you will be found guilty or convicted, no matter how high your BAC or other circumstances surrounding the charges. You have a constitutional right to defend your DUI charges. You also have the right to defense counsel. The best Mesa AZ DUI lawyers will fight to get your Mesa DUI charges dismissed, reduced sentence/penalties, or an otherwise better outcome in your case.

If you wish to fight your Mesa DUI and have a chance at getting your charges dismissed, you will need to hire an experienced Mesa AZ DUI Lawyer who often defends DUI and criminal charge in Mesa AZ Court. In the meantime, you do not want to do or say anything that will harm your case. Remain silent, and respectfully request to speak with an attorney first. Let them know that you will answer the questions and remain in compliance as long as your DUI attorney is present. Your attorney will provide defense, and make sure you do not say or do anything that will incriminate or harm your defense case.

Continue reading "Mesa DUI Lawyer | AZ DUI Defense | AZ DUI Penalties & Types " »

How Good DUI Attorneys in Mesa AZ Build Winning Defense Cases

After hiring an experienced DUI attorney for Mesa DUI charges, a good criminal defense or DUI Attorney is involved in many defense activities behind the scenes on your case. If you were arrested in Mesa AZ for DUI or other criminal charges, penalties and sentencing are governed by Arizona State Laws which are complex and strict. Your future and freedom are at stake. You should consult a private DUI or criminal defense attorney who defends criminal charges in Mesa AZ Court as soon as possible. Most DUI criminal and DUI attorneys provide free consultations. It will be well worth your time to discuss your charges, range of sentencing for those charges and your defense options.

Once retained, your Mesa DUI or criminal defense attorney in Mesa will guide you through every phase of the Arizona criminal justice system, and defend you through all stages. Many times you will wonder what they are doing to help you. Your Mesa DUI lawyer should answer any questions you have regarding their efforts. You are the employer. They work for you. At the same time, you are part of the team as well. Here are some activities that good Mesa DUI defense or Criminal defense attorneys may do to build and mount a winning defense for your Criminal or DUI charges in Mesa:

• Gathering and examining evidence;
• Looking for exculpatory evidence (evidence to defend you);
• Obtaining independent experts to review test results or certain technical aspects of evidence or findings;
• Reviewing and examining police reports, the complaint, test results, photographs, and #911 call transcripts, to find weaknesses or flaws in evidence the prosecution will attempt to use against you.;
• Finding witnesses to interview or depose including detectives and arresting police officers;
• Finding and interviewing witnesses who may be willing to testify in your favor such as passengers in the vehicle or other witnesses at the scene;
• Based on the evidence (or lack of it) determine the best defense strategies that can be used to build your defense case;
• Filing Motions through the Mesa Court and Criminal Justice System in your defense and meeting important deadlines for those filings;
• Mounting your defense case against the prosecution. An good Mesa AZ DUI Lawyer will take every opportunity through the criminal justice system and use defense tactics to get evidence suppressed, reduction in charges, or a dismissal of your case. An experienced criminal defense or DUI lawyer will recognize those opportunities and act swiftly;
• Participating in court hearings, such as status or pre-trial conferences. These hearings focus on legal issues such whether or not certain evidence should be admitted or suppressed (not used against you); modifying pre-trial release conditions, and plea negotiations for the best outcome possible;
• Preparation compelling arguments for trial, conferences and the filing of motions;
• Your DUI attorney who will be defending you in Mesa Court will work with you and the prosecution, which is court approved to obtain mutually agreeable resolution to avoid the conviction and harsh sentencing that result from uncertain outcomes resulting from trial. Plea negotiations can include a more satisfactory resolution such as modification of the charges to lesser charges and sentencing, an agreement not to file new charges, sentencing of probation instead of jail time, reducing jail or prison sentences, dismissing a portion of the charges or a total dismissal of charges.

Make sure that the DUI and criminal defense criminal defense attorney, who will be representing you in Mesa AZ court, is able and willing to devote the time and effort and is needed to fight for a good outcome in your case and is qualified to take the necessary actions in your defense. Look for an attorney who has the credentials and a vast amount of litigation experience to do what needs to be done to prepare and build a successful defense on your behalf. If you are represented by such an attorney your chances of getting your DUI or criminal charges reduced or dismissed significantly increase.

Continue reading "Mesa Criminal Attorney | Criminal Defense in AZ" »

Ways to fight your Mesa AZ DUI Charges

If you were arrested for DUI in Mesa AZ you have the right to fight your DUI charges. The first step is to consult an experienced DUI or criminal defense attorney who defends DUI charges often in Mesa AZ.

It is difficult and close to impossible to get your DUI charges dismissed or reduced without legal representation from a good Mesa AZ DUI attorney. This is due to the fact that the state of Arizona has strict DUI laws, and severe penalties for conviction. On top of that, the unfamiliarity of the criminal justice system is overwhelming. Some feel like their situation is hopeless due to the maze of unfamiliar laws, procedures, protocol, defenses and constantly changing Arizona DUI legislation.

There should be no secrets as to Defenses can be used to fight DUI charges. The defense tactics that your Mesa DUI lawyer uses is based upon the particular evidence, and circumstances surrounding your Mesa DUI charge. Below is a sample list of categories of defenses that some the best criminal defense Attorneys in Mesa AZ use to fight DUI charges in Mesa AZ:

• Arguing the reason the Police pulled you over for the DUI Stop;
• Challenging police observations at the time of the stop or arrest with other third party eye witness testimony in your defense;
• Challenging evidence involving Field Sobriety Tests (FST). Results of FST results are very controversial. This is due to the subjective nature of the testing and results which often prove to be inaccurate or invalid. In fact, it is difficult for many people not impaired by drugs or alcohol to pass the FST according to the subjective nature of testing and results reported by the police.
• Questioning the appropriateness of the officer's conduct, or behavior in conjunction with the police officer's prior history of disciplinary actions;
• Challenging Breathalyzer, Blood, or Urine tests. Your Attorney will evaluate transport, storage, and handling of the samples. They will compare them to required procedures to make sure required protocol was followed. Accuracy of the tests results can be challenged by sending a sample taken at the time of arrest to an independent lab for examination.
• Obtaining evidence in your favor;
• Educating the prosecution and court regarding weaknesses or flaws in their case;
• Identifying violations of any of your Constitutional Rights.

Again, this is just a sample of a vast amount of defenses that can be used to help you fight your DUI. And 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 Mesa AZ court.

Continue reading "Mesa DUI Attorney Reveals Criminal Defense Strategies " »

10 things top rated Attorneys may advise you to do after a DUI Arrest in Mesa AZ that may increase your chances of getting your DUI charges dismissed or reduced.

1) Consult a DUI attorney who defends DUI charges frequently in the Mesa AZ Court. The chances of getting a dismissal of your DUI, charges reduced, an acquittal, or other favorable outcome increase drastically if you retain a DUI Lawyer or criminal defense attorney to defend you.

2) Remain silent. By remaining silent you will help avoid damage to your defense case. If questioned by Mesa AZ police, or prosecution, politely say you wish to remain silent until your attorney is present. Unjust denial of your request is a violation of your rights and can lead to suppression of evidence or dismissal of your Mesa DUI charges.

3) Write a narrative. Include as much information as you can as can remember. Include events before, during, and after the arrest; discussions, questions and answers; food, drink or medication consumed; and names of witnesses or passengers that may be willing to testify on your behalf. Details that seem irrelevant to you may actually be something an experienced DUI attorney considers material to your defense.

4) Repair any vehicle problems that may have resulted in the DUI stop. This includes burnt out head or tail lights, turn signals, or whatever triggered the Mesa police to pull you over.

5) Get proper insurance and registration. If you were cited for failure to possess proper insurance or registration, get it. If you already had but were unable to provide proof of provide a copy of it to your Mesa DUI attorney, and keep the original for the court.

6) Pay Unpaid Fines or Traffic Tickets. The court will consider your past driving or criminal record to see if you have neglected any other prior driving violations or tickets. If so, this may have an adverse impact on your sentencing.

7) Photograph the location of the DUI stop. An experienced DUI lawyer will be able to recognize if there is anything in the photos, or lack of certain things, that police relied on to stop or arrest you that can result in cause to challenge facts or evidence.

8). Request a Motor Vehicle Hearing: If your driver's license was taken you must request a MVD hearing within 15 days or date otherwise set by the Motor Vehicle Department. Be sure to discuss your options first with your DUI attorney. There are consequences of requesting the hearing that differ from stipulating to a suspension.

9) Appear for your arraignment unless your Attorney advises you otherwise. This is the date on your ticket. If you do not have an attorney, you must appear for the arraignment. If you fail to appear, a warrant will be issued for your arrest. If you have retained a DUI lawyer, they will advise you of whether or not you will need to attend. In many cases your attorney can get have the arraignment vacated or can appear on your behalf.

10) Be on time for all court appearances you are required to attend. If you are late, this is considered ill regard and disrespect to the court and the seriousness of your DUI charges.

For more information about winning criminal and DUI defense strategies visit www.arizonacriminaldefenselawyer.com where you can download free AZ DUI defense books written by experienced attorney James Novak as well as DUI defense videos produced by James Novak, Mesa DUI Defense Attorney.

Continue reading "10 THINGS YOU SHOULD DO AFTER A MESA DUI ARREST " »

One Defense High Rated Criminal Defense Attorneys may use to defend Your Mesa, AZ DUI Charges

Mesa AZ DUI Charges
If you were stopped and suspected of a DUI in Mesa 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 Mesa DUI charges.

Breath Test Defense Tactics
Here are just two of many breath test results defense strategies that experienced DUI lawyers in Mesa AZ use to defend your DUI charges:

1. Proper Instructions Were Not Provided to You Prior to Taking the Breathalyzer Test.
Breathing tests machines should be calibrated to test no more than a 10 second long sample. If you were required to breathe into the machine longer than 10 seconds, your breath test results might have indicated a higher blood alcohol level than you actually had in your system.

2. Your Breathing Patterns Were Abnormal at the Time of or During the Breathalyzer test.

Naturally, most people become anxious or can experience anxiety after having been stopped for a DUI, and preparing to take a breathalyzer test. Symptoms of anxiety may peak to hyperventilation in some people. Abnormal breathing patterns such as hyperventilation, shallow breathing, or even refusal to breathe can interfere with an accurate breathalyzer test result.

Choosing a Mesa DUI Lawyer for your DUI Defense
If you have been arrested for a DUI in Mesa AZ you need to consult a good Mesa Arizona DUI lawyer or experienced criminal defense attorney who defends cases in Mesa Court as soon as possible. When you retain tell your Mesa DUI Attorney, if retained, every detail regarding the administration of your breathalyzer test and anything else you can remember regarding the DUI sobriety test, the administration of the breathalyzer test, blood test, questions the police asked you, how you answered, and anything other details regarding the Mesa DUI stop. What may seem irrelevant to you may actually be a viable defense tactic your Mesa DUI Lawyer can use to defend your case, get evidence suppressed or even get your DUI charges dismissed.
Make your Mesa DUI attorney is 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 Mesa Court and is familiar with Mesa court procedures, protocol, the judges and prosecution.

Retaining a good DUI lawyer who defends DUI charges in Mesa AZ, is the best thing you can do to take control of your life and your Mesa AZ 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 "DUI Attorney Mesa, AZ | Challenging Breath Tests Results " »

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

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

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

DUI Charges in Mesa 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 Mesa AZ court is especially harsh on repeat offenders. Penalties will be based on the following:

• Misdemeanor DUI, v. felony DUI or aggravated DUI,
• How high your Blood Alcohol Content (BAC) or the amount of other toxic substance or drug in your system,
• First DUI, Second DUI, Third DUI, or other repeat offense,
• Age of the defendant,
• 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 Mesa 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 Mesa 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 Mesa 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 Mesa 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 Mesa Arizona for DUI, but you reside in Phoenix AZ, your DUI charges will be filed in Mesa Arizona, and your case will be required to go to court in Mesa AZ. Make sure your DUI attorney defends DUI or criminal charges frequently in Mesa Arizona. It will benefit your defense if your DUI Lawyer is familiar with the Mesa criminal justice system, the court, the prosecution, and judges to hear DUI cases on a frequently in Mesa AZ. In the least, make sure the attorney you consult, or retain is licensed to defend DUI cases in the state of Arizona.

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

An experienced Mesa 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 Mesa 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 Mesa DUI lawyer will investigate, examine the evidence, to determine if any evidence can justifiably be suppressed (not used against you).

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 "Mesa DUI Arrest | Arizona DUI Defense " »

Marijuana Defense Mesa AZ | Mesa DUI Lawyers
"Due to the length of time it takes for the human body to expel Marijuana, testing could prove positive for traces of it even if a month went by since you smoked or used it. If the Marijuana did not impair your ability to drive, is it fair to convict and prosecute you of a Drug DUI? Top Mesa DUI Defense Lawyers think not, and will present compelling arguments and file appropriate motions in your defense."

Mesa DUI Drug Charges
If you have been arrested or charged in Mesa with a DUI with Marijuana (Pot, Grass, Weed, Cannabis) in Arizona you will face serious consequences if convicted. You should contact an Arizona Marijuana DUI or Drug DUI lawyer in Arizona to discuss your charges and defense options. This means you can get a DUI without ever taking even one drink of alcohol and are subject to some of the harshest penalties in the country.

Mesa DUI Testing Arizona
If Mesa police stop you because they suspect you of DUI in Mesa, AZ, they will usually begin investigating by asking you some questions. Next, they will ask you to participate in field sobriety testing. Note: By law you do not have to submit to the field sobriety test. But you should know that the risk exists in that you could be arrested on the spot by the Mesa police officer. Following the field sobriety test, you may be asked to take a preliminary breathalyzer test with a portable unit. The portable breath unit results can not be used to prosecute you, because the portable units are not as accurately calibrated or maintained. If the portable breathalyzer test results read positive for any alcohol in your system, the officer will proceed to request an official breathalyzer test.

This is the reason for two breath machine tests. With regard to the official DUI
breathalyzer, typically you will be given two breath tests on it for comparison and the police efforts for accuracy. So potentially, you may get 3 total breath tests--one on a portable unit, and two on the official breathalyzer.

A good DUI Chandler defense lawyer will examine the validity and accuracy of all the official test unit results. In some cases it can be argued by your defense that the results not are admissible for a variety of flaws or errors that commonly occur related to maintenance of the unit, human error of conducting the breath test, or tests conducted outside required protocol.

If the breathalyzer test turns up negative, and the Mesa police have reason to continue to suspect you of driving impaired due to being under the influence of drugs or other substances, they will usually proceed with drug testing. If you refuse the breathalyzer or drug testing, and police have legal and just cause for the testing, the police officer will obtain a warrant from the judge and will get the testing anyway. A refusal will also cost you a suspension of your license.

Drug DUI Testing for Marijuana in Mesa, AZ
The primary testing for a Marijuana DUI in Arizona is urine testing, and blood testing. This testing involves looking at levels of THC (Tetrahydrocannabinol) in your system. . THC is the primary psychoactive ingredient in Marijuana. Arizona DUI prosecutors insist that urine and blood testing are accurate. But the truth of the matter is that both forms of testing, are surrounded by controversy, and like any blood or urine test may contain, flaws, weaknesses, and inaccuracies, and are subject to both human and technical errors.

Arizona criminal defense and DUI lawyers argue that a common problem with Marijuana DUI testing is the fact that Marijuana can commonly stay in a person's blood stream or urine for up to 30 days, shorter or longer. The speed for which Marijuana leaves the body varies by individual based on many factors. Tests results can also be affected by these factors as well as additional variables including but not limited to the following:

1) Amount of Marijuana smoked or used,
2) Your individual metabolism rate,
3) How often you smoke or consume Marijuana,
4) Whether or not you have taken any detoxifying products,
5) The most recent or last time smoked or consumed Marijuana,
6) The speed or pace at which you smoked or consumed marijuana,
7) Fluid and food intake prior to the testing,
8) Other Drug Toxins that may found be in your system

Mesa Drug DUI Lawyers - Marijuana Drug DUI Defenses
Due to the length of time it takes for the human body to expel Marijuana, testing could prove positive for traces of Marijuana you smoked a month ago, or longer. If those traces of Marijuana did not impair your ability to drive to the slightest degree, is it fair to convict and prosecute you of a DUI? Top Mesa DUI Lawyers think not. Good Mesa criminal defense attorneys will know what to look for, and how to present compelling arguments and file appropriate motions in your defense.

Penalties are severe for any type of DUI in Mesa, AZ, including Drug DUI or Marijuana DUI. You will need a strong defense from a good Mesa criminal defense attorney, DUI lawyer or Drug DUI attorney. A good Mesa DUI attorney in Arizona will consider all the facts; examine the evidence; examine accuracy of test results that the prosecution plans to use against you, interview or depose witnesses including arresting police officers; determine if the testing methods were proper; blood draw procedures; check expiration on testing kits and their prior maintenance, storage of test samples; credentials of the person (s) to conducted the testing; determine if any of your constitutional rights were violated; and many consider the many defenses that can be used for Drug DUI or Marijuana DUI charges. Then your Mesa DUI lawyer will determine what the best defense strategy will given your set of circumstances, to try and get your charges dismissed, reduced, or the otherwise best outcome in your case.

Continue reading "Marijuana DUI Testing Mesa AZ | Drug DUI " »

To make a DUI arrest in Mesa, the Police Officer must have "probable cause" to make an arrest. This is a higher standard than "reasonable suspicion" needed to make a DUI stop. If your DUI defense attorney in Mesa files a motion to dismiss for lack of "probable cause" to arrest, and the Mesa Court agrees, then what occurred after the arrest including breath or blood test then is not admissible or relevant. Depending on the circumstances your Mesa DUI lawyer has a compelling argument to make which may lead to a total dismissal of your Mesa AZ DUI charges.

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

ILLEGAL STOP OF PERSON OR VEHICLE - Were you legally stopped by the Mesa 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 Mesa 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.

THE MESA POLICE DID NOT HAVE PROBABLE CAUSE TO MAKE THE ARREST - Was there probable cause to arrest you?
The Mesa Police Officer's burden of proof is even greater to arrest you than it is to make the initial stop. The standard for an officer to stop a vehicle, the officer must have merely a "reasonable suspicion" that a traffic infraction or other violation of the law was committed. But to make an arrest, the level rises to a higher standard, which is that "probable cause" to arrest. If a motion to dismiss for lack of probable cause to arrest is made, the court then considers all facts gathered by the officer before the arrest. What occurred after the arrest: the breath or blood test then is not relevant. Based on the facts, the case may be dismissed.

BLOODSHOT AND WATERY EYES - Did the officer claim your eyes were bloodshot or watery?
The police officer would need to have known how your eyes typically look on a daily basis. This appearance of your eyes may be normal for you. There are a variety of reasons that exist for discoloration, bloodshot or watery eyes including, smoke, allergies, flu symptoms, or simple fatigue. The police officer will be forced to admit that they don't know how long you had been awake, what eye strain you may have had during the day, or what other factors existed that contributed to cause the appearance of watery or bloodshot eyes. "Glassy eyes" are not indicated as a clue of cause being intoxication by the National Highway Traffic Safety Administration (NHTSA). A 1997 NHTSA study bloodshot eyes were removed from the list of impairment clues since there were so many other possible causes exist besides excessive alcohol.

DUI Defense Attorneys Mesa, AZ
To go through the criminal justice process or Mesa Court unrepresented for your DUI charges by a good Mesa DUI lawyer or criminal defense attorney, is simply a recipe for a swift DUI conviction. Without the defense of a qualified Mesa DUI lawyer you are putting your life, freedom and future into the arms of the person who wants to convict you. That is, the Mesa Court Prosecutor. Their job is not to help you get a good outcome, find flaws in their case against you, or try to get your Mesa DUI charges dropped. They work closely with the police to convict you.

Many of the best Arizona DUI Attorneys agree that if you face DUI charges in Mesa AZ, you should retain an Arizona DUI lawyer to defend your case, preferably one who defends DUI charges often in Mesa Court often. 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.

For more Arizona criminal defense help, DUI defense help, free DUI defense books, and free DUI and criminal defense videos and many DUI Defenses that can be used to get your case dismissed, charges reduced, or evidence suppressed visit

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

Mesa DUI Attorney

"You have the right to fight your Mesa DUI through the criminal justice system. A good Mesa DUI defense Lawyer will challenge the evidence, build a defense, and attempt to get your charges dismissed, or reduced. In any event, you will usually get a much better outcome with a Mesa DUI defense attorney, than if you go without qualified private DUI legal representation."

Mesa DUI laws are strict and Mesa DUI Penalties are some of the most severe in the United States. Even first time Arizona misdemeanor DUI convictions carry harsh punishments. Arizona Felony DUI convictions are so severe, that they adversely impact the rest of your life. If you have been arrested in Mesa for DUI you should consult a Mesa Criminal Attorney or Arizona criminal defense attorney who defends DUI charges in the Mesa Court and criminal justice system frequently.

The Arizona State DUI Laws apply to Arizona DUI charges, no matter if your case is in Tempe AZ, Phoenix AZ, Gilbert AZ, Mesa AZ, Chandler AZ, Scottsdale AZ, Maricopa County or any other cities and counties within the State of Arizona's jurisdiction.

Arizona DUI Penalties
A DUI conviction of any kind can have negative impacts on your life as 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 to be installed in your vehicle at your expense, counseling, probation and whatever the Court deems necessary and appropriate for your situation. If you are convicted the factors considered in 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
• Level of Blood Alcohol Content (BAC) found to be in your system
• Amount of Drug or Substance 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 Mesa 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 (DUI with aggravated classification.....4 Months in Prison
.
After an Arizona DUI Arrest
In general what follows a Mesa DUI arrest will include events that will best be served and give you the best chance at a good outcome by retaining a good Arizona criminal defense attorney who defends DUI charges in Mesa AZ or Mesa DUI lawyer. The main events include but are not limited to the following:

1) Motor Vehicle Hearing
2) Arraignment
3) Pre-trial Conference
4) Suppression or Evidentiary Hearing
5) *Trial
6) Sentencing

*Although the number fluctuates, statistics show that in Maricopa County only about 2% to 3% of DUI cases ever go to trial. The remaining cases are either

Arizona DUI Defenses
An Arizona DUI charge is not a conviction. You have the right to fight your Mesa DUI through the criminal justice system. A good Mesa 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 Mesa 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 to be tailored and built by a qualified Arizona DUI Attorney will be based largely on the circumstances, details, and evidence surrounding your Arizona DUI charges. It must then be presented with compelling arguments by your AZ DUI defense lawyer in the most effective way possible through the proper legal channels.

Arizona DUI Attorney
Your chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome with a good Mesa Criminal Defense or Mesa DUI Defense Lawyer increase drastically. Some feel that the Mesa Arizona court and criminal justice system are a maze of strict rules, guidelines, and protocol. You will need strong DUI legal representation, such as an experienced criminal defense attorney or DUI lawyer who regularly defends Arizona DUI charges in Mesa AZ.

A good Arizona DUI Lawyer will investigate, examine all evidence, build a strong defense tailored to the circumstances surrounding our Arizona DUI, present compelling arguments, challenge the prosecutions evidence and 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 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 Mesa, Scottsdale, Phoenix, Gilbert, Chandler, 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.

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" »