Phoenix DUI Lawyer Blog

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

DUI charges Scottsdale AZ
If you were arrested as a result of a DUI task force in Scottsdale AZ for DUI - DWI or Drunk Driving charges, you should consult Scottsdale DUI lawyer soon as possible. Arizona DUI laws are strict. Current law in Arizona requires anyone convicted of DUI to serve time in jail time, court ordered ignition interlock devices; and other harsh punishments. This is the case even for a first time Misdemeanor DUI.

Scottsdale DUI Task Force Stop
DUI task forces (also referred to as DUI Safety Checks, DUI sobriety checkpoints or DUI roadblocks). DUI task forces are set up a certain locations, times and dates decided in advance by the City, County or other jurisdictions. They are conducted by the respective city's law enforcement agencies. They are generally staged around holidays, weekends, or events that expect to draw high volumes of traffic. The goal is to deter and seek out drunk drivers or person's whose driving is "impaired to the slightest degree". Certain guidelines must be followed. Scottsdale Arizona is responsible for deciding on specific details of conducting their DUI Task Force operations. However, in general they have adapted guidelines established by the National Highway Traffic and Safety Administration (NHTSA).

Scottsdale DUI Defense Lawyer
Regardless of the events that led to your Scottsdale DUI arrest, you have the right to challenge your DUI. In order to successfully defend the charges, you will need to retain an experienced criminal defense attorney or Scottsdale DUI lawyer to represent you. Good Scottsdale DUI attorneys will defend your charges; fight for your rights; build and present an effective DUI defense case on your behalf. If you were arrested for a Scottsdale DUI you should contact criminal attorney who defends DUI charges frequently in Scottsdale AZ to discuss your matter and defense options.

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

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

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

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

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

Tips to Follow After Your Initial Appearance in Scottsdale 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.
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 Scottsdale AZ. One thing most Good Criminal Attorneys in Scottsdale agree upon is this: A major factor in getting a successful outcome for you is early retention of a criminal or DUI defense lawyer.

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

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

7 Facts you need to know if you face Drunken Driving Charges in Scottsdale AZ!

1. Scottsdale Drunk Driving DUI charges are serious.
Scottsdale DUI Laws are governed by Arizona State DUI laws and penalties which are strict and harsh. Even a first time misdemeanor drunk driving conviction will expose you to severe penalties including time in jail time. Your best chance of getting your DUI charges dismissed is to hire a private practice AZ criminal defense or DUI lawyer who defends DUI charges in Scottsdale on a regular basis. Regardless of the defendants Blood Alcohol Content (BAC Levels) or whether or not your DUI is a repeat offense, you have the right to hire a good DUI lawyer, and challenge your DUI charges in order to get them dismissed or reduced to lesser charges or penalties.

2. The Prosecution is not your friend.
Once you have been arrested for a Scottsdale DUI or drunk driving charges, the "complaint" is escalated to the Prosecution's office for criminal processing. If you find your self in a conversation with the Prosecutor, avoid discussing any matters related to your DUI drunk driving charges or any other personal matters. Some defendant who are not cautious, are unpleasantly surprised to find that the prosecution used statements they made against them. While they may appear friendly and greet you with a smile, you must remember, they have only one mission in mind...to convict you of a Scottsdale DUI charge. So if a conversation should ensue, be polite and respectful, but do not engage in any discussion regarding your Scottsdale drunk driving charges or otherwise. You have the right to remain silent. Use it. Otherwise, you may find that you have incriminated yourself and damaged your DUI defense. Instead, acknowledge you are aware of your right to remain silent, until you are accompanied by or consult your AZ DUI attorney, and wish to exercise it.

3. Promptly attend all scheduled court appearances for your Scottsdale
Arizona DUI or drunk driving charges or you will face an arrest warrant. If you miss your court date or are late, the Judge has the authority to issue a "Bench Warrant", for your arrest due to your "Failure to Appear" (FTA) "A.R.S. 13-2506 Failure to appear in the second degree; classification and A.R.S. 13-2507 Failure to appear in the first degree; classification." The only time this is not the case, is if you have retained a private practice Arizona DUI lawyer, and either your AZ DUI defense lawyer or the Judge instructs you otherwise.

4. Following a Scottsdale DUI or Drunk Driving Charge you can expect to defend yourself or hire an Arizona criminal defense lawyer to defend you against two separate entities.
First, is a civil matter with the Arizona Division of Motor Vehicle (DMV). An Arizona DUI charge may initiate the suspension of your drivers' license even before your court matter is complete. The second is criminal matter through the Arizona criminal justice system for the DUI charges.

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

6. Without a strong private practice AZ DUI attorney defending you the prosecution has an undisputed advantage over you.
You may also be missing valuable negotiating opportunities through the proper legal channels. Lastly, you stunt you may detriment your defense, by having waived the opportunity to file early relevant motions to dismiss your charges, if they exist. It is like entering into a war zone, without fire power, sword, or shield and no knowledge of where the land mines are. There is no barrier for a defense and no one to protect your rights from unfair treatment and at an unfair disadvantage. The prosecutions consider you fair game for a quick conviction and prosecution without an AZ DUI Attorney.

7) If you decide not to hire a private practice Scottsdale DUI attorney, you will be held to the same standard in 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 Scottsdale drunk driving lawyer. You will be held to the same standards as would otherwise your Scottsdale 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 often for violations of a defendant's rights, violations in police protocol, weak evidence, or violations of police procedures required by AZ Law

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

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

How Good DUI Attorneys in Scottsdale AZ Build Winning Defense Cases

You may wonder what your Scottsdale DUI lawyer is really doing to help you. Your Scottsdale DUI lawyer should answer any questions you have regarding their efforts. A good Scottsdale AZ criminal defense or DUI Attorney is involved in many defense activities behind the scenes on your behalf. If you were arrested in Scottsdale AZ for DUI or other criminal charges, and convicted, you will face some of the most severe penalties in the country according to Arizona State Laws. You should consult a private practice Scottsdale DUI lawyer or criminal defense attorney who defends criminal charges in Scottsdale Court as soon as possible. It is common practice for DUI and criminal defense attorneys to provide free consultations for your Scottsdale DUI or Criminal Charges.

After retention, your DUI or criminal defense attorney defending you in Scottsdale Court will guide you through every phase of the Scottsdale criminal justice system. Below is just a brief outline of some of the activities a qualified and experienced Scottsdale DUI lawyer or Criminal defense attorney does to build you a winning defense for your Criminal or DUI charges in Scottsdale AZ:

• Obtain and evaluate evidence;
• Look for evidence in that can be used in your favor;
• Retest chemical evidence such as blood or urine samples initially obtained by police. (Ask them to draw a second sample for your defense, if they do not offer at that time).
• Review all evidence and determine if an independent expert would be helpful in educating the prosecution and court on very technical aspects of evidence or findings;
• Examining police reports, the citation, test results, photographs, and #911 call transcripts, to find weaknesses or flaws in evidence the prosecution will attempt to use against you;
• Interviewing or deposing witnesses for the prosecution such as detectives or the arresting officers;
• Finding and interviewing witnesses who may be willing to testify in your favor for such things as their observations about your sobriety if they were passengers in the vehicle;
• Choose the defense strategies that will most likely reap the best outcome for you;
• File motions with the Scottsdale Court and Criminal Justice System within required deadlines. .
• Mounting your defense case against the prosecution. A good Scottsdale AZ DUI Lawyer will recognize those opportunities and act swiftly through the criminal justice system to get evidence suppressed, reduction in charges, modify sentencing in your favor, get some or all charges in your case dismissed.
• Participate in court hearings, and pre-trial conferences; or trial;
• Prepare compelling arguments both verbally and written for trial, conferences and the filing of motions;
• Working with you, the prosecution, and Scottsdale Court to obtain mutually agreeable plea agreement or other more favorable resolution to avoid a criminal or DUI conviction and harsh sentencing that can result from trial outcomes.

DUI charges don't get dismissed by luck or courtesy from the Scottsdale Court. When choosing your Scottsdale DUI lawyer, it is wise to consider whether or not that Scottsdale DUI or criminal defense attorney has the qualifications, litigation experience and the time needed to defend your case and fight for a winning outcome. If you are represented by such an attorney your chances of getting your DUI or criminal charges reduced or dismissed significantly increase.

Continue reading "Scottsdale DUI Lawyer | Criminal Defense in Scottsdale AZ" »

"Hiring the best Scottsdale DUI lawyer you can you will drastically increase your chances of getting your DUI charges dismissed... "

The penalties for conviction of a Scottsdale DUI (driving under the influence) or Scottsdale DWI (driving while intoxicated) conviction depend primarily on the type of DUI for which you were charged and whether or not you have a prior DUI or other criminal record. If you were arrested for a DUI in Scottsdale AZ you should consult an AZ DUI Lawyer or Criminal Lawyer who defends DUI charges in Scottsdale AZ on a regular basis. You will need to let them know the type of DUI you were charged with, and any prior Criminal or DUI conviction history, so they can help you further.

Overview -Types of Scottsdale DUI or Scottsdale DWI 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.

The impact of Sentencing with a prior DUI or Criminal Record
Any Scottsdale DUI or DWI is serious and carries mandatory jail sentences in addition to other penalties. A DUI in Scottsdale AZ 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.

DUI Penalties for a Scottsdale DUI
Scottsdale DUI penalties are governed by the laws of Arizona. The penalties are included in the laws referenced in part from .azleg.gov/ArizonaRevisedStatutes.as follows:

"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..."

Any Scottsdale DUI conviction will expose you to the following penalties:
• Mandatory Jail
• Fines, Fees, Costs,
• Ignition Interlock Device installed in vehicle
• Screening and participation in alcohol/dug counseling or treatment program.
An aggravated DUI or felony DUI conviction carry the most severe penalties. These usually include extended incarceration, higher fines, fees, and costs, probation, among other penalties.

Scottsdale DUI Lawyers and Scottsdale AZ DUI Defense
Arizona possesses some of the toughest laws and punishments in the country for DUI charges and convictions. There is a lot at stake including your future and freedom. You should hire an experienced DUI Lawyer who often defends DUI charge in Scottsdale Court. A good Arizona DUI lawyer will defend you through every phase of the Arizona criminal justice process. Many people feel overwhelmed by the entire process. Good AZ DUI lawyers who defend DUI charges in Scottsdale are very familiar with the Scottsdale criminal court protocol and requirements.

Finding the best Scottsdale DUI Lawyer for you is not difficult. But it does require you to make sure they have the education, and qualifications and proven defense Attorney They will commonly gather, examine, & challenge whatever evidence possible through motions, court proceedings, or negotiations with the prosecution. They will build and present compelling legal arguments in your defense. 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.
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 "Scottsdale DUI Lawyer | AZ DUI Laws | AZ DUI Penalties" »

Ways to fight your Scottsdale DUI Charges

If you face active DUI charges in Scottsdale AZ, the prosecution bears the burden of proving you are guilty of the DUI charges. This means you have the right to fight your DUI charges. The first thing you will need to do is consult an experienced criminal defense or DUI defense attorney who defends DUI charges often in the Scottsdale AZ Courts. It is rare if ever, that an individual will get charges dropped or dismissed without proper legal representation. This is because 1) Arizona has some of the toughest DUI laws, and penalties in the county and 2) The criminal justice system can be a maze of unfamiliar procedures, protocol, and turbulent changing DUI legislation.

Many DUI defenses exist and can be used to fight a Scottsdale DUI charge. The defense strategies that your Scottsdale DUI lawyer will use will be determined by the circumstances surrounding your DUI charges and arrest. Below is a short list of some defenses that some of the best Scottsdale DUI defense lawyers may use to fight your Scottsdale DUI:

• Challenging the reason for your DUI stop;
• Examining and challenging police observations at the time of the stop or arrest;
• Arguments surrounding Field Sobriety Tests results which have proven to be very controversial. This is due to inaccuracies, and subjective nature of the results as determined by the police;
• Challenging the appropriateness of the officer's conduct;
• Examining Breath, Chemical, Blood or Urine tests for appropriate handling, transport, storage and results accuracy.
• Finding and providing exculpatory evidence (evidence that is in your defense).
• Questioning sufficiency of the evidence;
• Identifying any violations of your Federal or State Constitutional Rights.

In summary, there is hope and a second chance at freedom and a new start by fighting your DUI. The chances of getting a DUI dismissal or "not-guilty" verdict will increase significantly by retaining the legal representation of a good DUI lawyer who defends DUI and criminal charges in Scottsdale AZ court.

Continue reading "Scottsdale Criminal Attorney Talks About DUI Defenses" »

10 things experienced DUI lawyers may advise you to do after a DUI Arrest in Scottsdale that may increase your chances of getting a good outcome.

1) Consult a Scottsdale AZ DUI attorney. The chances of getting a dismissal of your DUI, charges a reduction in charges, or other favorable outcome increase substantially with legal representation by a private DUI Lawyer or criminal defense attorney.

2) Remain silent. By remaining silent you will help you to avoid self-incrimination. If questions continue, from Scottsdale 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 Scottsdale DUI charges.

3) Cooperate with Regard to Procedural Requirements. After your arrest, the court may issue an order for you to be photographed and fingerprinted. Any argument or failure to comply with protocol or court order will be held against you and simply make matters worse for you.

4) Write a narrative. Document 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.

5) 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 Scottsdale police to pull you over.

6 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 Scottsdale DUI attorney, and keep the original for the court.

7) Resolve Unpaid Fines or Tickets. The court will review your past driving or criminal history for neglect any other prior driving violations, or criminal convictions. If so, this may have an adverse impact on your sentencing.

8) Photograph the location of the DUI stop. A good DUI attorney 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.

9). 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.

10) Appear for your arraignment unless your Attorney advises you otherwise. This is the date on your ticket. If you do not have an attorney, your appearance is mandatory. If you fail to appear to the arraignment 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. Be on time for all court appearances for which you are required to attend.

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, Scottsdale DUI Defense Attorney.

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

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

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

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

Penalties for convictions even a first time, misdemeanor 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 Arizona Courts are especially harsh on repeat offenders and Arizona penalties reflect this.

Arizona DUI Lawyers
Many make the common mistake of trying to seek counsel of a friend regarding their DUI. However, if the friend is not a licensed Arizona DUI or criminal Defense Attorney in Arizona, resist this temptation. This is a dangerous proposition. They will rarely know 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 Arizona DUI charges of any kind, you will need to be properly defended by a qualified DUI lawyer in Arizona. 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.

After an arrest for drunk driving, or DUI with drugs or medication, you should consult an attorney as soon as possible, to discuss your charges and defense options. Be sure that the Arizona DUI lawyer 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 Scottsdale Arizona for DUI, but you reside in Phoenix AZ, your DUI charges will be filed in Scottsdale Arizona, and your case will be heard through the Scottsdale AZ City Court.

Make sure your DUI attorney defends DUI or criminal charges frequently in Scottsdale Arizona. It will benefit your defense if your DUI Lawyer is familiar with the court system, prosecution, and judges to hear DUI cases on a daily basis in Scottsdale, AZ through the criminal justice system. In the least, make sure the attorney you consult, or retain is licensed to defend DUI cases in the state of Arizona.

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

They will base their investigation, decisions and strategies on the defenses to utilize based on the individual circumstances surrounding your case. Good DUI defense lawyers in Arizona 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 "Scottsdale DUI Arrest | Arizona DUI Defense " »

A good Scottsdale DUI Lawyer will investigate to determine if the police met the standard of 'probable cause for arrest'. If not, an experienced Scottsdale DUI Attorney will aggressively challenge the arrest and present compelling arguments necessary to lead to a dismissal of your Scottsdale DUI charges."

If you were arrested in Scottsdale AZ for DUI, you should consult a Scottsdale DUI Attorney or criminal attorney who defends cases often in Scottsdale Court through the criminal justice system. Most qualified Scottsdale criminal attorneys and DUI defense attorney who defend DUI charges in Scottsdale AZ provide free consultations. They should give you helpful information about your Scottsdale DUI charges, and defense options.

Probable Cause for Arrest | Scottsdale DUI
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" carries a higher standard than "reasonable suspicion to stop" or detaining a driver for DUI or other questioning. With regard to defending a Scottsdale DUI, your Arizona DUI Attorney may be able to get your Arizona DUI dismissed by using one, more or a combination of strategic defenses. One common defense is known as "No Probable Cause for Arrest". By law, the police must have "reliable information which "would lead a reasonable person to conclude that criminal activity has been or is being committed prior to the arrest". Unless probable cause exists, the arrest is unconstitutional and therefore invalid.

Probable Cause | What it Means
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 Scottsdale judge and Court need to hear this actual evidence and the specifics that led to your Scottsdale 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 Scottsdale DUI defense attorney will investigate to determine if the police met the standard of probable cause for arrest. If not, an experienced Scottsdale DUI defense Attorney will aggressively challenge the arrest and present compelling arguments necessary to lead to a dismissal of your DUI charges.

Arizona DUI Penalties
Arizona DUI laws are strict and penalties are among the most severe in the United States. 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 Scottsdale AZ court deems necessary.

Sentencing for a conviction 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 many other variables surrounding your Scottsdale DUI charges and Scottsdale DUI arrest.

Arizona DUI - Defenses
It is important to remember that just because you were charged with a Scottsdale DUI does not mean you are or will be convicted of that offense. Simply put, a charge is not a conviction. You can challenge your DUI charges. This is best done by retaining good DUI defense Lawyer in Arizona you can fight your charges, challenge the evidence to try to get your case dismissed, charges reduced, or otherwise a better outcome in your case, than if you have not hired an attorney.

There are many defenses that can be used, and issues that can be challenged. Some of these defenses are listed and discussed in detail in the "Arizona Winning Defense Strategies" ©" and "101 DUI Defense Strategies"© Books, written by a experienced DUI Defense Attorney and Arizona DUI defenses Author, James Novak, whose law firm is 100% devoted to defending DUI and criminal charges in Maricopa County. Abridged versions of all three books can be downloaded free of charge at www.arizonacriminaldefenselawyer.com.

The most effective defense strategy for your Scottsdale DUI charge will be 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 Scottsdale DUI charges and arrest after obtaining and examining all the evidence and facts. Your Arizona DUI lawyer will present it with compelling arguments to the judge, Scottsdale Court, prosecution through the proper legal channels and criminal justice system.

DUI Defense Attorney Scottsdale | Criminal Justice System
Your chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome drastically increases with the retention of a good Arizona Criminal Defense who defends cases in Scottsdale or Scottsdale DUI Attorney, Many people consider the Scottsdale Arizona criminal justice system and Scottsdale Court to be a maze of complex rules, guidelines, and protocols. You will need an experienced Arizona criminal defense attorney or Arizona DUI lawyer who regularly defends Arizona DUI charges through the criminal justice and court systems. A good Scottsdale DUI defense Lawyer will investigate, examine all evidence, build a strong defense challenge charges and the evidence, attend Motor Vehicle Hearings, Arraignments, Pre-trial Conferences, Suppression or Evidentiary Hearings, defend you at trial if a trial is needed and you have arranged in advance for your attorney to do the trial. In sum, the best Arizona DUI attorneys will do everything possible to get your Arizona DUI charges dismissed, reduced, or the best alternative outcome in your case.

Continue reading "DUI ARREST | SCOTTSDALE DUI | CRIMINAL DEFENSE" »

WHY YOU SHOULD FIND A GOOD
SCOTTSDALE CRIMINAL LAWYER IF YOU FACE FELONY CHARGES

Choosing a criminal attorney to defend your felony charges in Scottsdale AZ may be one of the most important decisions you will make in your life. Select one that you feel will protect your rights, fight to get the charges dismissed, reduced, or the otherwise best possible outcome in your case. Here's why:

Felony Charges Scottsdale AZ
Felony Charges in Arizona are always very serious criminal offenses and are aggressively prosecuted by city, state and county prosecutors. The best way to protect yourself and preserve your freedom is to hire a highly trained, qualified, proactive and experienced Scottsdale Criminal Attorney. Scottsdale AZ felony convictions usually carry steep prison sentences. Some involve long term or life time incarceration in prison; exorbitant fines and fees; and a criminal record that will follow you and adversely effect you for the rest of your life depending on the severity and nature of the crime for which you were convicted.

Felony Sentencing in Scottsdale
Scottsdale categorizes crimes into six classifications, with Class 1 being the most severe of crimes which carry the harshest punishments and longest prison sentences. If convicted, most Mesa felony conviction sentences are served in a state prison rather than in a county jail. The felony sentencing and term is dictated by the nature and severity of the criminal charges for which you were convicted. Each felony class includes a range from the minimum term to the maximum term of prison time the convicted defendant will be required to serve.

Scottsdale Felony Laws
Felony Laws in Scottsdale AZ are strict, and penalties harsh. Definitions, Classifications, Sentencing guidelines, and Penalties are comprehensive. They are governed under the rules of authority of Arizona State Law and criminal code: Title 13 - Criminal Law http://www.azleg.gov/ArizonaRevisedStatutes.

Felony Attorney AZ | Scottsdale Criminal Defense
If you have been arrested or charged with a felony in Scottsdale AZ you will need to retain the legal representation of an experienced criminal defense attorney in Arizona or AZ felony attorney. Your future depends on it. Scottsdale felony charges are not the type of charges you want to go at alone. Without proper legal representation, you pave the way for a swift and harsh conviction and sentence.

An attorney may graduate from the highest ranking law schools in the country, and that is admirable. But there are some things no Scottsdale criminal attorney can learn in school. You should look at the big picture of the attorney's credentials. There is no substitute for litigation experience, familiarity with the criminal justice system and courts, knowledge of the ever changing Arizona Laws, familiarity with the judges and prosecutors in the jurisdiction you were arrested for or received the felony charges.
Be sure to select an Arizona Attorney who defends cases in Scottsdale frequently and who has a vast amount of litigation experience, knowledge, skill, confident, proactive, and one who has the ability to build solid defense on your behalf. Choosing your Scottsdale criminal attorney may be one of the most important decisions you will make relating to your felony charges in Scottsdale, AZ, and one that will affect the rest of your life. Choose one that you feel confident will protect your rights, fight to get the charges dismissed, reduced, or the otherwise best outcome in your case.

Continue reading "SCOTTSDALE CRIMINAL ATTORNEY" »

One Defense Top Criminal Defense Attorneys may use to defend Your Scottsdale, AZ DUI Charges

Scottsdale DUI Charges
If you were stopped and suspected of a DUI in Scottsdale 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 Scottsdale 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 Scottsdale 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 Scottsdale 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 Scottsdale DUI Lawyer for your DUI Defense

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

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

Scottsdale Marijuana DUI Defense

"The Medical Marijuana Prop 203 passing, will not affect Scottsdale Arizona's Drug DUI laws... But top drug DUI defense attorneys will examine the evidence to determine if a compelling argument can be made and motions filed to suppress drug DUI and Marijuana DUI test results evidence due to inaccuracies".

Scottsdale DUI with Marijuana Charges
The passing of Medical Marijuana Prop 203 law, will not affect Scottsdale Arizona's Drug DUI laws. Even if you are a qualified card holder to use Medical Marijuana (pot, weed, grass, cannabis) you will not get immunity against the strict Scottsdale DUI laws. If you are stopped by the Scottsdale police and determined to be driving "impaired to the slightest degree" with Marijuana in your system, you may be arrested or charged with an Arizona Marijuana DUI or Drug DUI. If so, you should consult an Arizona drug defense, criminal defense, or DUI lawyer as soon as possible to discuss your Arizona Marijuana DUI or Drug DUI charges and defense options.

Scottsdale Marijuana DUI Laws
Scottsdale Marijuana DUI laws fall under the authority of the State Laws of Arizona. Arizona Law prohibits use of driving a vehicle while "impaired to the slightest degree", due to any drug, alcohol, vapor releasing, intoxicating, or toxic substance in the body. Arizona DUI laws are strict.

Even if you are a certified Medical Marijuana card holder in Scottsdale AZ for use of medical Marijuana, or you have taken any other drug legally prescribed by a licensed physician, or an over-the-counter drug at your local drug store while driving and found to be "impaired to the slightest degree", A.R.S. 28-1381 3.B. will apply. Below are portions of the Arizona DUI drug laws:

Arizona Revised Statutes
"A.R.S. 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree....

3. While there is any drug defined in section 13-3401 or its metabolite in the person's body...

B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.

C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor...."

Scottsdale Drug DUI with Marijuana Testing | DUI Marijuana evidence
The most common way Arizona police test for DUI with Marijuana is through blood testing and urine testing. Both are controversial with regard to the test results and may be argued by your marijuana DUI defense lawyer as to whether or not they are admissible or should be suppressed as improper evidence depending on many circumstances. The Scottsdale prosecution will usually insist that the blood or urine testing is accurate and admissible as evidence to use against you. But top drug DUI defense attorneys will examine the evidence to determine if a compelling argument can be made and motions filed to suppress drug DUI and Marijuana DUI test results evidence due to inaccuracies.

Arizona Marijuana DUI Penalties
Arizona has some of the toughest laws in the country for Drug DUI and any DUI. Below are jail or prison guidelines for DUI convictions. Note this chart does not include other penalties, fines, fees or punishments that apply for Scottsdale 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
.
Marijuana DUI Defense Attorney Scottsdale, AZ
The criminal justice system in Scottsdale Arizona is a maze of procedures, protocol, turbulent legislation, and is not empathetic to persons charged with DUI, or DUI with drugs of any kind. The job of the Scottsdale AZ prosecution is to convict you. They are not there to help you or to examine defense strategies to help you defend yourself. The judge can not do anything to help you unless proper motions and compelling arguments in your defense are presented through the proper legal channels.

You will need a strong criminal defense attorney, Arizona DUI lawyer or criminal defense attorney in Arizona. There is too much for you at stake to go unrepresented by a proper Arizona DUI lawyer. They will be your ally you need to protect your rights, make sure you are treated fairly, defend you, and do everything possible, to try to get your charges dismissed, reduced or the otherwise best outcome in your case.

Continue reading "Scottsdale AZ Marijuana DUI Laws | Medical Marijuana DUI " »

Scottsdale DUI Attorney

"A good Arizona DUI Lawyer will investigate, examine all evidence, and build a strong defense tailored to the circumstances surrounding our Arizona DUI. They will then challenge the prosecutions' evidence and do everything possible to get your Arizona DUI charges dismissed, reduced, or otherwise best alternative outcome in your case."

Scottsdale DUI laws and Scottsdale AZ DUI Penalties are some of the most strict and severe in the United States. Even a first time Arizona misdemeanor DUI convictions carry harsh penalties. Arizona Felony DUI convictions and sentencing are so severe, that they adversely impact the rest of your life. And worse, when faced with such charges, some simply give up hope. But if you have been arrested in Scottsdale for DUI you should consult a Scottsdale Criminal Attorney or Arizona criminal defense attorney who defends DUI charges in the Scottsdale Court and criminal justice system frequently. Most of the best DUI attorneys who defend DUI charges in Scottsdale provide free consultations. The DUI lawyer usually provides you with information regarding your charges, and offer you defense options. In the least you will get some direction and piece of mind.

Arizona DUI Penalties
Scottsdale DUI penalties can have negative life altering impacts including but not limited to loss of job or future job opportunities; loss of driver's license; costly fines and fees; mandatory incarceration in *jail or *prison (see below); court ordered ignition interlock devices in your vehicle at your expense; counseling, probation, criminal record and whatever the Scottsdale Court deems necessary and appropriate for your situation. If you are convicted the factors the Scottsdale 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 Scottsdale 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
.
Scottsdale DUI Defenses
A Scottsdale AZ DUI charge is not a conviction. You have the right to fight your Scottsdale DUI through the criminal justice system. A good Scottsdale 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 Scottsdale 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 your qualified Scottsdale DUI defense attorney chooses to use will be tailored and built by largely based on the circumstances, details, and evidence surrounding your Scottsdale DUI charges. Your DUI defense lawyer should then effectively present it with compelling arguments and motions through the proper legal channels.

DUI Defense Attorney Scottsdale, AZ
Your chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome will increase drastically by retaining a good Scottsdale Criminal Defense or Scottsdale DUI Defense Lawyer. Some feel that the Scottsdale 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 Scottsdale AZ.

A good Arizona DUI Lawyer will investigate, examine all evidence, and build a strong defense tailored to the circumstances surrounding our Arizona DUI. They will then challenge the prosecutions' evidence and do everything possible to get your Arizona DUI charges dismissed, reduced, or the otherwise best alternative outcome in your case.

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

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 Scottsdale DUI Attorney will have a compelling legal argument to pursue for dismissal of your Scottsdale, AZ DUI charges.

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

It is basic knowledge that you should always use your turn signal. However, an argument could be made that the stop was illegal because no other traffic existed, involved a remote area, or no other traffic was affected by your turn without using a turn signal. The Scottsdale 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 Scottsdale police officer for arrest?
The burden on the Scottsdale 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 Scottsdale DUI lawyer in an attempt to dismiss the Scottsdale DUI charges.

Scottsdale DUI Lawyers
Attempt to go through the criminal justice process or Scottsdale Court unrepresented by a good Scottsdale 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.

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 WWW.arizonacriminaldefenselawyer.com. There you can download three free "Arizona Winning DUI Defense Strategies" © books written by winning defense Attorney James Novak, which includes "101 AZ DUI Defenses" ©.

If you have been charged or arrested for any kind of felony charges in Arizona, or misdemeanor including any Arizona DUI, Aggravated DUI, Extreme DUI, Second DUI, Third or more DUI charges, DUI Under age 21, Drug DUI, Minor Consumption DUI, DUI with child under 15 in vehicle, Felony DUI, Any Drug Charges, Drug possession charges, Drug sales, Drug Distribution, Drug Trafficking, Drug smuggling, Drug Importation, Drug Transportation, Drug Cultivation, Drug Manufacturing, Misdemeanor Drug charges, Felony Drug charges, Dangerous Drugs, Narcotics, Marijuana, or any other criminal charge including theft, assaults, aggravated assault, domestic assault, sexual assault, police assault, misconduct, domestic violence, probation violations, robbery, theft, burglary, vehicular assault, weapon charges, disorderly conduct with a weapon, harassment, violation of a protective order, manslaughter, kidnapping, aggravated domestic violence, unlawful discharge of a gun, endangerment with a weapon, other firearm and gun charges, computer crimes, sex crimes, cyber crimes, child pornography possession or distribution, 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 James Novak (Former Prosecutor).

The Law Office of James Novak proudly serves Scottsdale AZ, Tempe, AZ, Gilbert AZ, Phoenix AZ, Chandler AZ, Mesa AZ, and surrounding cites valley-wide in Maricopa County.
The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Gilbert, Scottsdale, Mesa, Tempe, Chandler, Phoenix AZ, and other cities 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.

Scottsdale DUI Defense Lawyer

In Arizona, Scottsdale DUI Convictions Means Jail or Prison Time

Scottsdale DUI (Driving under the Influence) Laws are governed by Arizona State Law DUI and Criminal Code. The law requires that if convicted you will be required
to complete a jail or prison sentence, depending on the severity, circumstances and classification of the Scottsdale DUI charges. Even though you have been charged and arrested, you still have a constitutional right to a defense. A DUI charge is not yet a DUI conviction. A Scottsdale DUI - DWI is just the beginning. An experienced DUI lawyer who defends cases in Arizona Court will among other things, make you're your DUI charges are justified, that there were no constitutional rights violations, and look for weakness or flaws in the prosecution's case. "An Experienced Scottsdale DUI Lawyer may be able to reduce your DUI to a lesser charge, with lesser or no jail or prison sentence or even get your DUI charges dismissed completely." There job is to fulfill your constitutional right to a defense. And a good Scottsdale DUI Attorney's job is to use every available means through legal channels to do that.

Important Note: Depending on the severity, circumstances and classification of the Scottsdale DUI charges Scottsdale DUI convictions will include other penalties such as fines, fees, costs, probation, counseling, ignition interlock device, criminal record, and other punishments in addition to jail or prison time. Also, the jail or prison time may fluctuate depending on the facts of your case and criminal history, if any. Often the first question many people who have been arrested for DUI have is "If convicted, will I go to jail or prison and for how long?" The following is discusses the portion of the Arizona State Law that relates to incarceration portion of DUI conviction sentencing. Remember, the answer may not be the same, for everyone in every situation. Some Judges have discretion to increase the penalties and sentencing depending on your specific set of circumstances, criminal history and whatever the judge deems appropriate.

Arizona DUI Incarceration Minimum Sentencing Guidelines paraphrased from
A.R.S. 28 - 1381, 28-1382, and 28-1383:

• First DUI (non-extreme) .08+ BAC..................24 Hours in Jail
• Second DUI (non-extreme) 08+ BAC.................30 Days in Jail
• First DUI Extreme .15+ BAC ..........................30 Days in Jail
• Second DUI Extreme .15+ BAC.........................120 Days in Jail
• First DUI Super Extreme .20+ BAC....................45 Days in Jail
• 2nd Super Extreme .20+ BAC..........................180 days in jail
• Felony DUI (DUI with aggravated classification.....4 Months in Prison
.
The Scottsdale Court and Scottsdale Prosecutor will not help you to defend your case. To the contrary, they want a DUI conviction. Their job is to get Scottsdale DUI convictions, not to help the defendant. A word of caution, if you decide to go at it alone (not recommended): Basically, your side of the story will be disregarded or mute. In fact, without Arizona DUI legal representation and guidance by an Arizona DUI Lawyer or Criminal Defense Attorney who defends DUI charges frequently in Scottsdale Court, you may unknowingly be incriminating yourself further. The Scottsdale Prosecution and Scottsdale Court get a fast conviction with little work when a defendant goes unrepresented. And without a good AZ DUI defense attorney, are futile, and to the hopes of the prosecution, could very well make matters worse.

Your Scottsdale AZ DUI Attorney defending you in Scottsdale Court for your DUI, will be familiar with protocol, experienced with a vast amount of DUI litigation experience, have a clear understanding of Arizona laws, changes in law, and most importantly will know well what defenses can be used to build and mount a successful defense on your behalf. A good DUI Attorney in Arizona will do everything possible to get your case dismissed or a reduced sentence based on weaknesses in the prosecutions case. They will be the barrier between you and the Scottsdale Prosecution. They will be your voice of legal defense reason, and mount a strong defense on your behalf. A good Scottsdale DUI Attorney's goal is to make sure your rights are not violated, and that your future and freedom are protected. That's their job. Make sure you choose an Arizona Attorney who does their job well.

If you have been arrested for any Scottsdale Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, Felony DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Scottsdale DUI, Scottsdale 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 Scottsdale 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 Mesa, Scottsdale, Phoenix, Chandler, Gilbert, Chandler, Queen Creek, Tempe 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.