Recently in PHOENIX DUI LAWYER Category

January 9, 2012

How to fight a DUI in Phoenix AZ

If you have been arrested for a DUI in Phoenix AZ, you have the right to challenge the charges. You will need to hire a good criminal defense or DUI attorney who defends charges in Phoenix Arizona on a regular basis.

There are many defenses that a good Phoenix DUI attorney will consider based on the unique facts surrounding your DUI case. DUI charges are not "cookie cutter" charges. Each situation must be defended on its' own merits, and defenses will be different depending the set of facts surrounding your case. Below is a short list of defenses that can be used to fight Phoenix DUI charges through the criminal justice system:

• Challenging the reason for the Stop;
• Challenging police observations of the defendant at the time of the stop or arrest;
• Challenging Field Sobriety tests (as graded by the police);
• Challenging Police violations of protocol
• Challenging Breath, Blood or Urine test;
• Challenging other evidence surrounding the arrest;
• Challenging Constitutional Rights Violations;

An experienced DUI defense attorney who defends cases in Phoenix AZ Court frequently will examine all the facts and evidence and determine which defenses will prove to be the most successful in fighting your DUI. Your Attorney will file motions and present compelling arguments on your behalf. You can fight DUI by hiring an experienced Phoenix DUI lawyer. This will increase your chances drastically toward getting your charges dropped, reduced, or the otherwise best outcome in your DUI case.

Continue reading "Criminal Attorney Phoenix AZ Explains DUI Defenses" »

December 19, 2011

"What you know about Phoenix DUI Task Force Stops may help you avoid a DUI and Phoenix DUI Conviction"

Phoenix AZ DUI Charges
If you were arrested at a Phoenix DUI for DUI, DWI or Drunk Driving charges, you should contact a Phoenix criminal defense or DUI attorney as soon as possible. Arizona DUI laws and penalties are some of the toughest in the country. DUI convictions can expose you to jail time, and other harsh punishments. Most experienced Phoenix DUI Lawyers provide a free consultation for those who face Phoenix DUI or Criminal Charges. In the least you should contact them to discuss your charges and defense options.

DUI arrest at a Phoenix DUI Task Force
Phoenix DUI Sobriety Checkpoints, (also called DUI Safety checks or DUI roadblocks) are set up at specified locations, decided by City/County officials and law enforcement agencies. Usually they take place during holidays or weekends when traffic volumes are expected. Arizona is one of a majority of states in the Country who conducts these DUI Sobriety Checkpoints. Arizona adapted from the National Highway Traffic and Safety Administration (NHTSA) guidelines to use in accordance with city and state laws.

Difference between DUI Task Force Stops and Phoenix DUI Stops
The main difference between a DUI stop and a DUI Task Force stop are the obvious events that lead to the DUI stop. In a DUI task force or roadblock situation, Police do not need "reasonable suspicion" that someone is driving drunk or DUI, in order to stop the vehicle to investigate further.

DUI Task Forces set up road blocks in specified location decided in advance and organized by Phoenix City Officials and Law Enforcement Agencies. The primary purpose of them is to seek out and arrests persons driving drunk, or driving impaired due to alcohol or drugs. The vehicles the police will stop at a DUI Road Block are decided in advance by city, or county officials in conjunction with DPS and law enforcement agencies in that area.

According to the NHTSA guidelines, adapted by Arizona, the determination must be made by means of a mathematical formula of sorts. For example, will stop every first, second, third, or every other vehicle passing through the DUI roadblock. Police need no other reason to make the pre-determined DUI stop in that event.

In a situation where the police pull a driver's vehicle over while they are driving due to suspicion of DUI, DWI, or Drunk Driving, the police must have "reasonable suspicion" that a crime is in progress or other 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.
With regard to penalties, there is no difference between a conviction resulting from a DUI Task Force arrest and an arrest made from a DUI stop.

Phoenix DUI Defense Lawyer
By law you are innocent until proven guilty, and have the right to defend your charges, no matter what the circumstances led to the DUI stop. But without legal representation by an experienced Phoenix DUI lawyer, there is little chance your DUI will be dismissed. A good criminal defense attorney will make sure you are treated fairly, defend your rights and build a solid defense on your behalf.

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

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

July 29, 2011

"You have the right to hire a Phoenix Criminal Defense Lawyer at nearly every stage of a DUI or Criminal Case. But the earlier you hire a criminal or DUI Lawyer, the greater your Chances are of Getting Your Phoenix DUI Dismissed."

The Importance of Hiring a Phoenix AZ DUI or Criminal Lawyer Early
The best Phoenix AZ DUI lawyers would agree that you have the right to hire an Arizona Criminal Defense Lawyer at nearly every stage of an AZ DUI Case. However, understand that the earlier you retain DUI Lawyer or criminal lawyer for your Phoenix charges, the greater your chances become of getting your DUI or criminal charges dismissed. Early retention of an Arizona criminal defense or DUI Lawyer is a one of the most important keys to a favorable outcome.

Further at some stages in the DUI case processes, a good number of criminal defense attorneys or AZ DUI lawyers will not accepting your case. If you contact a private practice defense lawyer during mid or later stages of your case, they may not accept it due to their time demands or feel it is too late to provide you with an effective defense. This generally occurs for the following reasons (reasons are not exhaustive):
• Often the prosecution and court have their minds made up about a plea offer that was unfavorable to you. It is not likely they can be persuaded to reduce the penalties at a later point in the process.
• 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.
• Rights to utilize certain defenses were waived due to events that took place, actions or inactions to preserve your rights.
• After obtaining or hearing the facts at your initial consultation, a private practice Phoenix DUI or criminal defense lawyer, recognize the hurdles that have mounted against you. Consequently they decide not to accept your case, because they feel their involvement will not likely change the outcome at that point.
• Many Phoenix DUI lawyers, criminal lawyers, and criminal defense firms regulate their case loads. They may feel that any attempts to dismantle or overcome events that have taken place may be too labor intensive on their current case load which will take them away from their other defendants they have accepted and to who they are obligated to provide adequate time needed for an effective defense.
• Your case has been set for trial, is in the middle of trial, or the trial is over. Unless it is a formal appeal and the defense attorney handles cases in appeals court, they may turn the case away. Don't fret however; there are trial lawyers in Arizona who will in fact accept the offer to represent you for the trial services late phase pre-trial services, post conviction services or appeals. You may just need to look a little further, or make a few more contacts to find them.

When you hire a Phoenix criminal defense lawyer or Phoenix DUI Attorney, you are the employer. They work for you. At the same time however, the DUI lawyer or defense attorney who defends charges in Phoenix also has the option of taking the job or not.
So early on, if you are willing to pay a reasonable fee charged by the private practice Arizona Criminal Defense Lawyer or Phoenix DUI Lawyer, you will most likely have your pick. You will be able to easily find good legal representation at an affordable price, without looking too far. But most importantly, they will have adequate time to tailor and build you a solid and effective defense case.

Continue reading "Phoenix DUI Lawyer | The Key to A Successful Phoenix DUI Defense " »

June 27, 2011

5 facts you need to know if you were charged with Drunk Driving in Phoenix Arizona

1 An Arrest for drunk driving in Phoenix AZ is very serious. The laws are strict and penalties severe. If you choose not to retain a private practice Arizona DUI
defense Attorney, you will most likely be convicted. The best chance you have of getting your DUI dismissed is to retain a private practice Arizona criminal defense Lawyer or AZ DUI Defense Attorney. According to current laws in place, if you are convicted for an Arizona DUI you will be exposed to sentenced to jail time, as well as other Severe penalties.

2 The Maricopa County or Phoenix AZ Prosecutor is not your friend. Following your Phoenix drunk driving arrest, your DUI charges will then go to the Maricopa County Prosecutor for review and handling. Should the situation present itself, the prosecutor may appear friendly, and greet you with a smile- But beware. They have a job to do. That is to convict you of a Phoenix DUI. If the prosecutor strikes up a conversation with you, be polite. But do not engage in any discussion regarding your Phoenix DUI charges. You have the right to remain silent. Use it. If not, the prosecutor can and will take note all that you say which can be held against you. Therefore, politely acknowledge your right to remain silent, until you are accompanied with, or speak to your AZ DUI Lawyer.

3 Make sure you appear to all your court dates for your Arizona drunk
driving charge. If you miss your court date or are late the Judge may issue an
arrest warrant for your "failure to appear". The only time you would not need to appear your scheduled court date is if you have retained a private practice Arizona DUI lawyer, or the Maricopa County Judge instructs you otherwise.

4 When charged with a Phoenix 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 retain an experienced DUI lawyer who defends DUI charges in Phoenix, they will immediately begin your drunk driving defense. A successful defense begins before your first scheduled court date. This is important, because doing nothing, or waiting until the last minute is detrimental to your defense including negotiating opportunities passed by, and filing early and relevant defense motions. Also, you may have waived rights you could have used in your defense. There are no second chances. If you decide to go unrepresented by a qualified Phoenix DUI attorney, you will be held to the same standard of the court as if you were represented by a DUI Attorney. This includes complying procedures, attending all conferences and court appearances, abiding by court standards, processes, protocol and deadlines, no different that if you hired a Phoenix defense attorney. It is true, criminal and DUI charges are dismissed every day do to the police or prosecution violating Court or their own policies.

Your Phoenix DUI Attorney will promptly seek out evidence and motions in your defense;, be prepared to try to get evidence dismissed; find exculpatory evidence (evidence favorable to your defense); and make every effort to open lines of communication and negotiate with the prosecutor on your behalf. They will build and present the best arguments and defense strategy based on the facts you case, provide a solid defense, and to make every attempt to get your Phoenix DUI charges dropped.

Continue reading "Phoenix DUI Lawyer | Phoenix AZ Drunk Driving Laws " »

April 28, 2011

How top DUI lawyers in Phoenix AZ get Felony DUI charges dismissed

If you have been charged with a felony DUI in Phoenix AZ, you will need to hire a qualified and experienced AZ Felony DUI defense attorney who defends cases often in Phoenix AZ court. Felony DUI charges are also known as "aggravated DUI charges". You have the right to hire a private AZ DUI Attorney to defend your Phoenix Felony DUI charges. An experienced felony DUI defense lawyer can often get your felony drunk driving charges dismissed. In the least, there is a good chance they can get the charges dismissed for reduced sentencing so that if convicted, will have the least adverse impact on your life and future.

Phoenix Misdemeanor DUI vs. Felony DUI in Arizona
Most DUI charges in Phoenix AZ are classified as misdemeanors. A misdemeanor DUI climbs to a more serious Felony DUI when the following factors are involved with your DUI:

• This is your third DUI or more within seven years;
• You were arrested for DUI while your driver's license was suspended, revoked or restricted.
• You were arrested for DUI with a minor under age 15 was in the vehicle.
• The DUI involved an auto accident which resulted in serious injuries or fatality.

Arizona Felony DUI Penalties
AZ Felony DUI convictions have considerably higher penalties, including increased jail or prison time than a misdemeanor DUI. Sentencing may include but are not limited to four months or more in prison; revocation of your driver's license; large fines and fees; ignition interlock device installation in your vehicle, at your expense; screening for admittance and entry into a mandatory drug or alcohol treatment program; probation; and felony criminal record that will follow you for years into the future.

Felony DUI Defense Phoenix AZ - Aggravated DUI Defense
Experienced DUI attorneys and AZ criminal defense lawyers will examine all the evidence, explore all avenues, and build a strong case to defend your Phoenix AZ felony DUI or aggravated DUI charges *Note, this list not all inclusive. Some cases involve none, one, or more issues to challenge depending on the circumstances:

• Cause for reasonable suspicion for the DUI stop. In Arizona, the officer must have a "reasonable suspicion: that the driver in the process or has committed a violation of law;
• Determine if "probable cause": existed to arrest you for felony DUI in Phoenix;
• Validity, objectivity, or lack thereof, the roadside sobriety tests, if you agreed to participate in them;
• Qualifications, credentials and experience of the officer who arrested you;
• Accuracy of chemical testing such as blood or urine samples;
• Errors or violations of required protocol for blood or urine testing, processing storage, labeling or transport;
• Accuracy of breathalyzer test results;
• Calibration, and documented records analysis of the breathalyzer machine used including prior repairs, or general maintenance;
• External factors that had potential to compromise the validity and accuracy of breathalyzer, blood, or urine test results;
• Inadmissibility of some or all of the evidence the prosecution expects to use in an attempt to convict you of AZ felony DUI;
• Violation (s) of your Constitutional Rights including but not limited to the following:
Failure of police to give you a second sample for your defense, unwarranted search and seizure of you or your vehicle, failure to let you contact your AZ DUI lawyer at your request and earliest convenience; unnecessary use of force or intimidation, unjustified reason for the stop; and arrest without justifiable probable cause.

Felony DUI Defense Attorneys for Phoenix felony DUI
After your AZ DUI Lawyer or AZ criminal defense lawyer has gathered and examined all the evidence and facts, they will determine what defense strategies on which to best defend your felony DUI charges. They will present compelling arguments, and file appropriate motions in an effort to suppress evidence, reduce charges, or ultimately get your AZ DUI felony charges dismissed.

AZ criminal and DUI laws and legislation are subject to change. For accurate and current information on the law, contact James Novak, experienced Arizona DUI and criminal defense Attorney.

Continue reading "Phoenix DUI Lawyer | Felony DUI Defense | AZ DUI Laws" »

April 6, 2011

"Self representation without retaining a qualified Phoenix DUI defense lawyer is quite frankly a fast track to a DUI conviction...You will be doing the AZ prosecution a favor by making his or her job easier."

In Arizona, the penalties for a DUI Conviction depend primarily on two factors: 1) The type of DUI charged and 2) the defendant's prior DUI or criminal record. If you face Phoenix DUI charges you should Consult Phoenix DUI Lawyer or Criminal lawyer who defends DUI Charges in Phoenix, to discuss these issues and your defense options. Be prepared to provide this information with the Phoenix DUI lawyers you consult. They will need to know the type of DUI and whether or now you have prior Criminal or DUI convictions in order to assist you further.

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

Prior Phoenix DUI Convictions or Criminal Record
Any AZ DUI conviction is serious and carries mandatory jail time among other penalties. But an AZ DUI with priors or existing criminal records result will reap higher more severe sentencing if convicted.

A previous DUI counts as "a prior" if it occurred within the last 7 years or 84 months no regardless of what state it occurred.

Phoenix DUI Penalties
In the least all AZ DUI convictions carry sentences which include:
• Incarceration in Jail
• Fines, Fees, Costs,
• Ignition Interlock Device installed in vehicle
• Screening and subsequent participation in alcohol or dug counseling/ treatment program.

An aggravated or felony DUI carry the highest most severe penalties which can include extended incarceration, higher fines, fees, and costs, probation, and a host of additional punishments.

Phoenix DUI Lawyers and your AZ DUI Defense
The stakes are high if you are charged with any Phoenix DUI or AZ DUI. It is important that you consult and retain an experienced AZ DUI Lawyer who defends DUI charges in Phoenix AZ on a regular basis. A good Phoenix DUI lawyer will defend you through the maze of the Arizona criminal justice system, and every phase of your DUI case. An experienced AZ DUI lawyer will conduct their own investigation, challenge the evidence, and build a compelling defense on your behalf. Self representation without the defense of a qualified Phoenix DUI lawyer is quite frankly a fast track to a DUI conviction. And you will be doing the AZ prosecution a favor by making his or her job easier. .

Hiring the best AZ DUI lawyer that you feel is right for you will drastically increase your chances of getting your DUI charges dismissed, reduced or an otherwise much better outcome in your case.

Continue reading "Phoenix DUI Lawyer | AZ DUI Laws | AZ DUI Penalties Overview" »

February 9, 2011

Arizona criminal defense | Phoenix Metro AZ DUI Lawyer

One key factor in getting a successful outcome in your case is early retention of a private practice Arizona criminal defense or DUI defense lawyer.

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

Initial Appearance in Arizona Court
Your initial appearance is the first phase through the Phoenix Metro Arizona criminal justice system. You will appear before the judge in a Phoenix Metro AZ court, regardless of what state you reside. There, the following will take place:
1) You will be read your formal DUI or criminal charges (or complaint).
2) You will be given your release conditions.
3) You will be given your next court date, time and location.
4) You will let the Judge know you plan to or will be retaining a private criminal or DUI attorney to defend you and provide their contact information to the court. If you are unable to retain private legal representation, the court will allow you to fill out an initial screening questionnaire to determine if you qualify to be assigned to a court appointed attorney (public defender).

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

February 1, 2011

Phoenix criminal defense | Phoenix DUI Lawyer

One thing most Good Phoenix Criminal Attorneys agree upon is that one key to a successful outcome in your case is early retention of a criminal or DUI defense lawyer.
Initial Appearance in Phoenix Court

After a DUI arrest in Phoenix Arizona you will have your Initial Appearance before the court within the next 48 hours. At this point hopefully you or someone on your behalf has consulted a criminal defense attorney or DUI lawyer who defends charges in
Phoenix AZ on a regular basis.

Your initial appearance is the first phase through the Arizona criminal justice system. You will appear before the judge in the court of the city or municipality for which you were arrested. The following will take place:

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

Tips to Follow After Your Initial Appearance in Phoenix Court
• Do not discuss your case with anyone accept your Attorney
• Do not discuss your case with any police officer or investigator, no matter how polite or courteous they may seem. Simply let them know you are being represented by a defense attorney, and advise them to contact your attorney. Any statement you make to them can damage your defense and be used against you.
• Do not discuss your case with family or friends by phone, or in person. Anything you say even to family members, friends, or acquaintances can be used against you in court. And those persons can be subpoenaed to appear in court to testify against you.
Your chances of getting your DUI or criminal charges dismissed, sentencing reduced, evidence suppressed or other favorable outcome significantly increase when you hire a private criminal defense or DUI lawyer who defends charges in Phoenix AZ. One thing most Good Criminal Attorneys in Phoenix agree upon is that a major factor in getting a successful outcome for you is early retention of a criminal or DUI defense lawyer.

Before you make your decision, find out as much as you can about that attorney. For more articles and useful formation on how to hire an attorney visit http://www.arizonacriminaldefenseattorneyblog.com/cgi-bin/mt-search.cgi?search=how+to+hire+the+best+attorney+phoenix&IncludeBlogs=401&search=

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

January 21, 2011

Why You Should Retain a Good DUI Attorney after a DUI Arrest in Phoenix AZ

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

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

DUI Charges in Phoenix 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 Phoenix 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
• Prior Criminal Offense Record
• Arizona DUI Laws for Minimum and Maximum penalties
• Other aggravating factors surrounding your DUI arrest or charges

DUI Attorneys Phoenix AZ
Resist the temptation of seeking counsel from a friend regarding their DUI instead of a qualified Arizona DUI attorney. If the person you consult 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 Phoenix 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 Phoenix 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 Phoenix 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 Phoenix Arizona for DUI, but you reside in Phoenix AZ, your DUI charges will be filed in Phoenix Arizona, and your case will be required to go to court in Phoenix AZ. Make sure your DUI attorney defends DUI or criminal charges frequently in Phoenix Arizona. It will benefit your defense if your DUI Lawyer is familiar with the Phoenix criminal justice system, the court, the prosecution, and judges to hear DUI cases on a frequently in Phoenix AZ. In the least, make sure the attorney you consult, or retain is licensed to defend DUI cases in the state of Arizona.

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

An experienced Phoenix 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 Phoenix 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 AZ DUI attorney will 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 "Phoenix DUI Arrest | Arizona DUI Defense " »

December 12, 2010

One Defense Top Criminal Defense Attorneys may use to defend Your Arizona DUI Charges

Phoenix DUI Charges
If you were stopped and suspected of a Phoenix DUI, 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 Phoenix DUI charges.

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

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

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

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

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

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

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

Retaining a good Arizona DUI defense lawyer is the best thing you can do to take control of your life and your 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 "Phoenix DUI Lawyer | DUI Breath Test Defenses " »

November 12, 2010

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

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

Top DUI Defenses

ILLEGAL STOP OF PERSON OR VEHICLE - Were you legally stopped by the Phoenix 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 Phoenix DUI charges. The means 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 driving intoxicated.

CHANGING LANES WITHOUT A SIGNAL AS A BASIS FOR A STOP - Did the Phoenix police stop you because you failed to use your turn signal?

Rule of thumb, you should always use your turn signal. However, an argument could be made that the stop was illegal because no other traffic existed, involved a remote area, or no other traffic was affected by your turn without using a turn signal. The Phoenix police and prosecution will argue that you are required to signal if there is other traffic nearby. Most DUI arrests occur late at night and very often the police car is the only vehicle even within sight distance of the driver. The Arizona Law reads as follows:

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

THE OFFICER DID NOT HAVE PROBABLE CAUSE TO MAKE THE ARREST-Was there probable cause for the Phoenix police officer to arrest you?

The burden on the Phoenix AZ police is 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" of DUI. 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, this is another compelling argument that may be presented by your Phoenix DUI lawyer in an attempt to dismiss the Phoenix DUI charges.

Phoenix DUI Lawyers
Attempt to go through the criminal justice process or Phoenix Court unrepresented by a good Phoenix DUI lawyer or criminal defense attorney, is simply putting your life, hope and future into the hands of the person wanting to convict you, the prosecutor. That's their job. Many of the best Arizona DUI Attorneys agree that if you face Arizona DUI charges, you will need to retain an Arizona DUI lawyer to defend your case. This is not something you want to defend alone, without the qualified defense of an experienced DUI attorney. 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.

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November 2, 2010

CRIMINAL DEFENSE

"An experienced DUI defense Attorney will strategically choose the appropriate defenses based the particular circumstances surrounding your Phoenix DUI charges and arrest."

Arizona DUI Arrest
If you were arrested in Phoenix AZ for DUI, you should consult a Phoenix DUI Attorney or criminal attorney as soon as possible. Most qualified Phoenix criminal attorneys and DUI defense attorney who defend DUI charges in Phoenix AZ provide free consultations. You will get helpful information about your charges, potential sentencing, and defense options.

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.

From a defense standpoint, your Arizona DUI Attorney may be able to get your Arizona DUI dismissed by using one, more or a combination of defenses. One common defense is "No Probable Cause to Arrest". By law, the police must have "reliable information which "would lead a reasonable person to conclude that criminal activity has been or is being committed prior to the arrest". Unless probable cause exists, the arrest is unconstitutional and therefore invalid. The fourth amendment of the United States Constitution specifically requires among other things, that arrests and arrest warrants be supported by Probable Cause". Note "probable cause to arrest" is a higher standard than "reasonable suspicion to stop" or detaining a driver for DUI or other investigation or questioning.

Probable Cause for Arrest
Probable cause means the police need to have actual evidence and facts including but not limited to such evidence as field sobriety tests, breath tests, and/or chemical tests results based on the circumstances. The law enforcement official needs to have "enough to cause a reasonable person to believe that a crime has been committed." The Phoenix judge and Court need to hear this actual evidence and the specifics that led to your Phoenix arrest. Assumptions, accusations, opinions, biased unsubstantiated conclusions, and evidence that can not be measured is not acceptable or probable cause for an arrest. A good private practice Arizona DUI defense attorney will investigate to determine if the police in fact had such enough evidence to meet this standard. If not, a good Phoenix DUI defense Attorney will aggressively challenge the arrest and present compelling arguments, file motions, and take the legal and assertive actions necessary to get your DUI charges dismissed.

Phoenix DUI Penalties
The Arizona State Laws apply to DUI Charges in Phoenix AZ, and all counties in Arizona. A DUI conviction of any kind can have such 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, court ordered ignition interlock devices to be installed in your vehicle at your expense, probation, counseling, and any other penalties the Phoenix AZ court deems necessary. The sentencing is based a based on a host of factors including but not limited to criminal history; first time or repeat offense; misdemeanor DUI or felony DUI; aggravated factors surrounding the DUI including DUI with accident or injury, drunk driving with a person aged 15 or younger; other offenses charged at the time of the DUI arrest, and other factors.

Arizona DUI - Defenses
It is important to distinguish the fact that an Arizona DUI charge is not a conviction. You can challenge your DUI charges. This is best done utilizing a good DUI defense Lawyer in Arizona you can fight your charges, challenge the evidence to try to get your case dismissed, charges reduced, or otherwise a better outcome in your case, than if you have not hired an attorney.

Defense strategies are determined by your qualified Arizona DUI Attorney who will be defending your case. An experienced DUI defense Attorney will strategically choose the appropriate defenses based the particular circumstances surrounding your Phoenix DUI charges and arrest. Your Arizona DUI lawyer will present it with compelling arguments to the judge, Phoenix Court, prosecution through the proper legal channels and criminal justice system.

DUI Defense Attorney Arizona and the Criminal Justice System
Your chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome without a good Arizona Criminal Defense or DUI Attorney are slim to none. The Arizona criminal justice system can be a maze of complex rules, guidelines, and protocols. You will need an experienced Arizona criminal defense attorney or Arizona DUI lawyer who regularly defends Arizona DUI charges through the criminal justice and court systems. A good Arizona DUI Lawyer will investigate, examine all evidence, build a strong defense challenge charges and the evidence, attend Motor Vehicle Hearings, Arraignments, Pre-trial Conferences, Suppression or Evidentiary Hearings, defend you at trial if a trial is needed and you have arranged in advance for your attorney to do the trial. In sum, the best Arizona DUI attorneys will do everything possible to get your Arizona DUI charges dismissed, reduced, or the best alternative outcome in your case.

Continue reading "ARRESTED FOR DUI | PHOENIX DUI ATTORNEY " »

October 29, 2010

Phoenix DUI Attorney

"A good Phoenix 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 Phoenix DUI defense attorney, than if you go without qualified private DUI legal representation."

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix, Scottsdale, Mesa, Gilbert, Chandler, Tempe or surrounding cities within Maricopa county, Arizona valley-wide.

Phoenix DUI laws are strict and Phoenix 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 Phoenix for DUI you should consult a Phoenix Criminal Attorney or Arizona criminal defense attorney who defends DUI charges in the Phoenix 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 life altering negative impacts on your life including but not limited to loss of job or future job opportunities; loss of driver's license; costly fines and fees; mandatory incarceration in *jail or *prison (see below); court ordered ignition interlock devices in your vehicle at your expense; counseling, probation and whatever the Phoenix Court deems necessary and appropriate for your situation. If you are convicted the factors the Phoenix Judge will consider for sentencing include but are not limited to the following:

• Type of DUI (misdemeanor DUI or felony DUI)
• First Time v. Repeat Offense
• Prior Criminal history
• Aggravating Factors surrounding the DUI
• Level of Blood Alcohol Content (BAC) found to be in your system
• Level or amount of drugs or substances found to be in your system
• Other criminal offenses committed at the same time as the DUI

*Arizona DUI Jail Sentencing Minimum Guidelines

Below are jail or prison guidelines for DUI convictions. Note this chart does not include other penalties or punishments that apply for Phoenix DUI convictions. References are from A.R.S. 28 - 1381, 28-1382, and 28-1383:

• First DUI (non-extreme) .08+ BAC.................. 24 Hours in Jail
• Second DUI (non-extreme) .08+ BAC.................30 Days in Jail
• First DUI Extreme .15+ BAC ......................... .30 Days in Jail
• Second DUI Extreme .15+ BAC......................... 120 Days in Jail
• First DUI Super Extreme .20+ BAC.................... 45 Days in Jail
• 2nd Super Extreme .20+ BAC..........................180 Days in jail
• Felony DUI (with aggravated classification)......4 Months in Prison
.
After an Arizona DUI Arrest
In general what follows a Phoenix 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 Phoenix AZ or Phoenix 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

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

Arizona DUI Lawyer
Your chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome with a good Phoenix Criminal Defense or Phoenix DUI Defense Lawyer increase drastically. Some feel that the Phoenix 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 Phoenix 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.


Continue reading "Phoenix DUI Arrest | DUI Laws | DUI Penalties" »

October 5, 2010

Phoenix Extreme DUI

"Defending an Extreme DUI in Phoenix, AZ requires the litigation skills of an experienced DUI lawyer who defends DUI charges frequently in Phoenix AZ Court."
Phoenix Extreme DUI Penalties

A Phoenix DUI in Arizona is classified as an "Extreme DUI" when a driver's Blood Alcohol Content (BAC) Level is more than 0.15%. The Phoenix police usually determine this by means of a breathalyzer test or blood 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 incarceration additional penalties may include fines and fees, probation, court ordered use of ignition interlock device on your vehicle, loss of your driving privileges and any other punishments the court deems necessary and appropriate based on your circumstances. Other adverse indirect consequences may include loss of job or future job opportunities, a criminal record, effects on your family, freedom and future.

Phoenix Extreme DUI Defenses
Defending an Extreme DUI in Phoenix, AZ requires the litigation skills of an experienced DUI lawyer who defends DUI charges frequently in Phoenix AZ Court on a regular basis. There are many defenses that can be used, and evidentiary issues that can be challenged 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
Phoenix 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 Phoenix, AZ
Arizona DUI Laws, and defenses, and your constitutional rights should not be kept a secret. But 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 Phoenix DUI lawyer, who defends cases in Phoenix AZ on a regular basis. Some defendants make the mistake of going at it alone without good private practice DUI Attorney who defends DUI charges in Phoenix. With all do respect, unfortunately, you will find that is the quickest way to get a conviction. It makes it easy on the prosecution to make their case stronger and cause you to incriminate yourself further. Also, there may be important evidence that perhaps seemed meaningless to you, but could make a material difference in the outcome of your case. A good Phoenix DUI defense Attorney will recognize and use it to your favor. There are deadlines, motions to file, conferences hearings, settlement negotiations, and strict court protocol that must be adhered to. It can be an overwhelming maze to get through without an experienced phoenix DUI attorney who deals with it on a daily basis.

With legal representation of a Phoenix extreme DUI defense attorney, Attorney your chances of getting evidenced suppressed, charges reduced, a complete dismissal of charges or other good outcome on your case drastically increase. A Phoenix DUI lawyer with experience in defense and a strong litigation back ground will be well versed and familiar with constantly changing DUI laws, the Phoenix, AZ Court system, determining what the best defense strategy should be to defend your case. Remember the police and prosecution will be a doing everything they can to build a case against you. 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, protect your constitutional rights, and educate and present your defense to the judge, prosecutors, and or jury.

If you have been charged with any Phoenix 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 Phoenix DUI, Phoenix 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 Phoenix criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor). The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, AZ and surrounding areas valley-wide in Maricopa County Arizona.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

September 4, 2010

A Good Phoenix DUI Lawyer will challenge evidence at every turn to get your DUI charges Dismissed!

"Hiring a private practice and experienced DUI Defense Attorney, can mean the difference between getting a Phoenix DUI conviction or total dismissal if your Phoenix DUI charges".

If you have been charged with a Phoenix DUI, you will need to consult a Phoenix criminal defense attorney or DUI Lawyer who defends all types of DUI charges in Phoenix on a regular basis. Make sure your Arizona DUI Lawyer is well versed in defending Phoenix DUI cases, DUI litigation, knows the Arizona DUI law and constantly changing legislation, case law, breath and blood testing issues; and police and handling protocol. But the most important thing you need to know is will that Attorney take an active stance to defend your case, and do they understand all the different types of defenses that can be used to challenge evidence, fight a Phoenix DUI charges, and work
To get your case dismissed. Knowing what to do, and actively doing them are two separate issues entirely.

Choosing a DUI lawyer to defend your Phoenix DUI charges is an extremely important decision. There are many Arizona DUI attorneys who may just go through the motions. You don't need any help getting yourself convicted, and you certainly don't want to pay for it! You need a good Arizona DUI attorney to fight your Phoenix 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 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.

Phoenix DUI convictions carry severe punishments, and Arizona has some of the toughest DUI laws in the Country. Even a first time Arizona DUI misdemeanor conviction, with no prior criminal history or criminal record, carries severe penalties. You have too much as stake not to hire a good DUI Attorney to represent you and fight your Phoenix DUI conviction. A DUI conviction 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 jail time, and court ordered interlock device (at your expense) which requires a person to prove they have not been drinking before the automobile's ignition will start.

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 Phoenix 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 Phoenix, to defend you and challenge the evidence and charges. A good DUI Attorney will overturn every stone to mount a successful Phoenix DUI defense, challenge the evidence, protect your constitutional rights, and fight to get your case dismissed.

A Phoenix DUI has many factors which must be evaluated. Every one is different and holds its own set of circumstances. There is no such thing as a "cookie cutter" DUI or Defense. Every situation should be evaluated on its on merits, circumstances, evidence or lack thereof. Some factors that must be examined and challenged include violations of your state or federal constitutional rights, the reason for the stop, the police officer's handling of the case, 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 Phoenix regularly. Hiring a private practice and experienced Phoenix DUI Attorney can mean the difference between getting a Phoenix DUI conviction or total dismissal of your Phoenix 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 Phoenix Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

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