Phoenix DUI Lawyer Blog

A Good Scottsdale DUI Attorney will fight to get your DUI charges Dismissed!

"The Stakes are high. Hiring an experienced private practice DUI Lawyer can mean the difference between getting a Scottsdale DUI conviction or total dismissal of your Scottsdale DUI charges."

If you were stopped and arrested for a Scottsdale DUI you will need to consult a criminal defense attorney or DUI Lawyer who defends cases regularly in the Scottsdale Courts. When you make your choice, make sure the DUI Lawyer has a proven record of defending Scottsdale DUI cases, knows the constantly changing Arizona DUI laws, Case law that may affect your matter, breath and blood testing issues; and police and handling protocol. You must know that the Arizona DUI attorney defending your Scottsdale DUI charges will be proactive in defending your case, and not just go through the motions. Make sure that DUI attorney understands all the different types of defenses that can be used to challenge evidence, fight a Scottsdale DUI charges, and work to get your case dismissed. Knowing what to do and how to do it are quite different then actively doing what needs to be done.

Choosing a DUI lawyer to defend your Scottsdale DUI charges may be one of the most important decsion you will ever make. You rarely get a second chance at freedom. There are many Arizona DUI attorneys. But the good ones are not as easy to find. Just because they have the title or went to a highly rated law schools doesn't in and of itself make them a good defense Attorney in the practical world. You don't need help getting yourself convicted, and you certainly don't want to pay for it! You need a good Arizona DUI attorney to fight your Scottsdale DUI charges. There are many, many defenses that can be used, and issues that can be challenged. Some of these defenses are listed and discussed in detail in the Winning Defense Strategies Book Series "#1 Arizona DUI Defense" and "101 DUI Defense Strategies" Books, written by a successful and experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak. Abridged versions of all three books can be downloaded completely free of charge www.arizonacriminaldefenselawyer.com.

Scottsdale DUI charge convictions have severe penalties. Arizona has some of the toughest DUI laws and punishments in the Country. Even a first time Scottsdale DUI charge carries severe penalties. There is too much to lose not to hire a good DUI Attorney to represent you and fight your Scottsdale DUI charges. A DUI conviction of any kind can have such negative impacts on your life such as loss of job or future job opportunities, loss of driver's license, high fines, costly fees, mandatory incarceration, and use of court ordered interlock device. This device is installed in your vehicle at your expense, and requires you to prove you have not been drinking before the auto's ignition will start-up.

The chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome without a good Arizona Criminal Defense or DUI Attorney who regularly defends cases in Scottsdale are slim to none. The Scottsdale court system has strict rules, guidelines, and protocols it must follow. You will need an experienced criminal defense attorney or DUI lawyer who regularly defends DUI charges in Scottsdale, Arizona to represent you. A good DUI Lawyer will do everything possible to build An effective Scottsdale DUI defense case, protect your constitutional rights, and fight to get your charges dismissed.

A Scottsdale DUI has many facets which must be examined. Each individual's case carries a separate set of circumstances. There is no "cookie cutter" DUI and the same goes for a DUI Defense. Every defendant's case must be evaluated on its on merits, circumstances, evidence or lack thereof. Some factors that must be examined include violations of your state or federal constitutional rights, the initial reason the police stopped you, the police officer's evidence, their deciding factors in making the DUI arrest, handling of the evidence, proper crime lab testing methods and handling of specimens, proper implementation of field sobriety tests, reliability of testing methods, maintenance and reliability of breathalyzer machines, and many more factors. 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 Scottsdale regularly. The Stakes are high. Hiring an experienced private practice DUI Lawyer can mean the difference between getting a Scottsdale DUI conviction or total dismissal of your Scottsdale 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 Scottsdale, Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

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A good Scottsdale Arizona DUI attorney can use many defenses to fight your DUI depending on the facts of your Scottsdale DUI case. A specific defense allows your Scottsdsale Attorney to file a Motion to Dismiss or Motion to suppress specified evidence that would otherwise harm your case. A presentation of the specific defense by your DUI Attorney to the prosecutor may allow for a negotiated dismissal or reduction of the charges. The following is a list of some main categories of defenses that can be used, as outlined from the "Winning Defense Strategies" DUI Defense Book Series written by: James Novak, Arizona DUI and Criminal Defense Attorney:

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

• INDEPENDENT STOPS AND ARRESTS

• FIELD DUI SOBRIETY CHECKPOINT - ROADBLOCKS STOPS

• POLICE OBSERVATIONS OF THE ACCUSED

• FIELD SOBRIETY TESTS

• BREATH, BLOOD AND URINE TESTS

• SUFFICIENCY OF EVIDENCE DEFENSES

• CONSTITUTIONAL RIGHTS VIOLATIONS

• TRIAL DEFENSES ..."

Penalties and sentencing for Scottsdale DUI convictions fall under the Arizona Criminal Laws and Statutes. The laws are strict, and punishments harsh. Even first time DUI convictions in Arizona carry mandatory jail sentences and other severe penalties. Scottsdale Arizona wants convictions for DUI charges. However, with the help of an experienced DUI attorney who defends Scottsdale DUI charges on a regular basis, you have the chance of possibly getting your charges dismissed or reduced. Your DUI lawyer will use every defense available in your Scottsdale DUI charges by gathering and examining all the evidence; determining which defenses will be best used to fight your DUI; and challenging the prosecutor's case based on these defenses and the circumstances surrounding your charges to get them dismissed, reduced and get the best outcome in your case.

If you have been charged with any Scottsdale DUI, Misdemeanor or Felony DUI, Repeat DUI, DUI with an accident or injury, Extreme DUI, Super Extreme DUI, Underage Drinking DUI, Aggravated DUI, DUI with prescription drugs, DUI with dangerous drugs, or any other Scottsdale Drug DUI, or any Criminal charge contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Phoenix Criminal and DUI Defense Attorney and James Novak (Former Prosecutor).

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Scottsdale DUI, DWI, OUI, Drunk Driving Attorney Law Firm
Defend Your Scottsdale DUI Drug Charges

A Driver who is charged with a DUI in Scottsdale, Arizona who tests positive for illegal drugs are subject to drug DUI charges in the state of Arizona. The Laws are strict; the punishment harsh. The simple presence of a drug in your system is enough for the Scottsdale Police to charge you, if they feel you were "impaired to the slightest degree." If charged, you will need to hire a DUI Attorney who defends DUI and drug DUI in Scottsdale on a regular basis to defend you. They must have must have the knowledge, experience, training, litigation background and the forensic tools needed to challenge Scottsdale, Arizona a Drug DUI.

From a penalty and sentencing standpoint, they are treated the same as a DUI with alcohol, even if the drug was a prescribed by your physician, an over the counter drug, or any other drug taken legally. The city of Scottsdale, State of Arizona and Prosecution want that conviction. They will stack the cards against you. They do not care why you were taking it and driving. The only thing that matters to them is that you had a drug in your system, tests were positive, you were driving, and in their opinion it impaired your driving, end of story to them. But it does not have to be the end. The charges should be the beginning of your journey to fight for your constitutional rights and freedom. If you hire the services of a good Attorney who defends these types of cases in Scottsdale courts, the story is far from over. Hiring a good Drug DUI attorney to represent you in Scottsdale can mean the difference within a range of a Drug DUI conviction and a total dismissal of your charges. That's the real story.

A good Scottsdale DUI lawyer will examine some of the following issues. Based on the answers to these questions, they may be able to get evidence suppressed; charges reduced or even a total dismissal of your charges. These excerpts have been cited from "101 DUI Defenses" Book from the Winning Defense Strategies Series -Author: James Novak. Note: This list is far from inclusive:

• What was the reason for the stop? 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.

• Was there probable cause for arrest? But to make an arrest, the level rises to a higher standard, which is that "probable cause" to arrest. If a motion to dismiss for lack of probable cause to arrest is made, the court then considers all facts gathered by the officer before the arrest. What occurred after the arrest: the breath or blood test then is not relevant. Based on the facts, the case may be dismissed.

• Was your blood sample preserved properly and according to protocol?
The preservation process can be an issue. The blood vials must have been stored properly prior to its use. The blood vials must not be used beyond the expiration date. The blood vials must be preserved in order to provide your defense attorney with the opportunity to test the sample with an independent lab for purposes of objectivity in your defense.

• Was the Urine Specimen collected, tested and transported properly?
The urine sample taken for drug testing must also be properly tested according to
required testing procedures and protocol, for handling, transport, labeling, and preservation, including the containers for which the urine specimen is stored.

• Were second samples given to you in order for your Defense Attorney to have them independently tested?
For instance, if your DUI/DWI charge was based on a blood draw, you have the
right to obtain an independent blood test sample. If the police deny you a
"fair chance" to obtain exculpatory evidence, your constitutional rights has
been violated.

• Were you under the influence of a legal medication that did not impair your driving? The police will attempt to charge you for prescription drug DUI if they can not charge you with an alcohol based DUI. Therefore, the argument and testing would need to confirm that you were not driving impaired to the slightest degree, due to this prescribed or otherwise legal medication. Just because a drug legal, harmless, prescribed or not, was found in your system, does not mean it impaired your driving. If not, this must be challenged.

• Did police possess a legal and justifiable reason to search you and your vehicle?
The police are prohibited from searching a person or the automobile for a minor traffic offense without your consent, or a search warrant. Evidence found illegally without your consent or probable cause to search you, can usually be suppressed in court by an experienced and competent DUI Lawyer. The case and facts need to be reviewed to determine if your Constitutional Rights were violated and should the evidence be suppressed or the case dismissed.

These are just a few defenses your Arizona drug DUI defense attorney should review in building your defense. With an experienced Scottsdale DUI Drug Defense Attorney your chances of getting a good to great outcome on your case increase drastically. They will determine and argue if the charges were unjustified, unfounded, unproved, or if your constitutional rights were violated in any way. If that is the case, your charges should immediately be dismissed. Give Yourself a second chance and a front and last line of defense.

If you have been charged with any Scottsdale, Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI; any Drug Crimes, including drug sales, drug possession, drug manufacturing, drug paraphernalia, Drug forgery, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona Criminal Defense and Scottsdale DUI Defense Attorney and James Novak (Former Prosecutor).

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Things You Can Do To Fight Your DUI Charges

If you received DUI charges in Scottsdale you will need a good DUI attorney or Criminal Defense Attorney who defends DUI cases on a regular basis in Scottsdale Arizona. There are things you can begin doing immediately to help your Scottsdale DUI Lawyer get your case dismissed, reduce the charges, or suppress evidence, and to build the most effective defense possible.

Here are just a few abridged excerpts of "24 things" the third DUI Defense book from Arizona DUI Winning Defense Strategies Series by Author: James Novak, Scottsdale Criminal and DUI Defense Attorney. It is entitled "Your 24 Hour Defense Action Plan * 24 hours * 24 things you should do following Your AZ DUI Arrest":

Consult a DUI Lawyer who defends DUI charges in Scottsdale, as soon as possible. Even for some attorneys, DUI charges can be difficult to defend due to the strict and often changing laws and the many facets involved with effectively defending a Scottsdale DUI charge. You will need a Scottsdale DUI Lawyer well versed in all such matters surrounding Scottsdale DUI Cases, defends them on a daily basis and has extensive DUI litigation experience, and knowledge of Scottsdale DUI Law. Scottsdale Criminal Attorneys and DUI Lawyers must possess the needed experience and education to know not only legislative and case law, but the principles of biology, alcohol physiology, and the flaws of the breath machine and blood testing process, roadside police investigation procedures, be familiar with the constantly changing and radical Scottsdale DUI laws, and the vast number and type of DUI defenses that can be used to defend your case, and get you a successful outcome.

Document in Some Form Details and Narrative of the Incident As You Recall It: Your Scottsdale DUI Defense will depend on these specific facts about your DUI. It is of little or no difference whether you got a misdemeanor DUI or felony DUI. The type and location of the stop is of no concern at this point for your Scottsdale drunk driving defense. What matters most is for you to record what happened- Who, what, why, where, and when that night or day. The sooner you do this the better. The further away from the event, the harder it will be to remember the details. Include everything leading up to the initial encounter with Scottsdale law enforcement stop. The more details you remember, the better the chances of you and your DUI lawyer identifying defenses that can be used, improve credibility of your story and testimony, and getting your case dismissed in Scottsdale. In particular the reason for the stop can be one of the most important factors in defending your case.

Food and Drink Prior to the Scottsdale DUI arrest: Include a description of your eating and drinking from over the 24 to 48 hours until the time of the stop. (including drinking while driving and/or especially drinking or eating after driving), where did you eat or drink, what did you eat or drink, how much, actual time of start to finish for each meal, and for each drink, duration from time of last drink time until you drove, and until the first police contact. How long was it from when you last drank until the time before you drove until the time of blood and/or breath tests took place? Where was the location of the stop and results of each breath or blood test?

Your Court Appearance: If you miss or fail to appear for your required court date and time, the court will immediately issue a warrant for your arrest. The court date and time is on your citation. This may change if you hire an experienced DUI attorney. Depending on the charges and circumstances, your Attorney may be able to vacate that date or otherwise appear on your behalf. Your DUI Attorney will let you know far enough in advance as to whether or not you will still be required to appear. There are many courts throughout the State. Be sure you know the location, time, and date. Again, if you have not retained an Attorney, it is mandatory that you appear, or a warrant for your arrest will be issued. If you are required to appear, don't be late. Depending on how late you are, a warrant may be immediately issued for your arrest. Even if you are just a few minutes late, the judge and prosecution frown upon this. Tardiness for any reason is considered to be disrespectful of your charges, their time, and their dockets. Being late for your court appearance sends a message to them that you are not taking the DUI charges seriously, which may effect your case unfavorably.

Arizona MVD Hearing: In most cases the Scottsdale police will take your driver's license and gives you a pink carbon copy of a notice of suspension and temporary license, unless you had an out-of-state license or the alleged DUI is drug-related instead of alcohol related. Note: You have only 15 days from the date you received the notice (usually the arrest date, but not always) to request an MVD for a hearing (it's called an Admin Per Se hearing). This MVD suspension or revocation is otherwise automatic on the day your pink license expires, and is entirely different from the criminal court's proceedings. The MVD matter is more like a second civil matter in and of itself, separate from your criminal charges. So there are two entities to deal with: The State or County Court and Prosecution and then the State Motor Vehicle Department (MVD).

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

If you have been charged with any Scottsdale DUI, Misdemeanor or Felony DUI, Repeat DUI, DUI with an accident or injury, Extreme DUI, Super Extreme DUI, Underage Drinking DUI, Aggravated DUI, DUI with prescription drugs, DUI with dangerous drugs, or any other Scottsdale Drug DUI, or any Criminal charge contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Phoenix Criminal and DUI Defense Attorney and James Novak (Former Prosecutor).

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How Good Scottsdale DUI Lawyers use the Law and Defenses to Your Advantage

Good Scottsdale DUI Lawyer will pull from their education, training experience and arsenal of defenses to fight to help you beat your DUI charges. If you have encountered Scottsdale PD and received a DUI in Scottsdale Arizona, you know the odds are against you. They are tough on crime and tougher on Scottsdale DUI charges. The only way you will be able to take control of the situation and fight your DUI charges is to hire a DUI Attorney who defends clients regularly in Scottsdale for their DUI charges. A

"A Good Scottsdale DUI Lawyer will pull from their education, training, experience and arsenal of defenses to fight to help you beat your DUI charges."

Below is just a few examples taken from "101 DUI Defense Strategies" © Winning Arizona DUI Defense Strategies Book Author: James Novak, to give you an idea of a few defense strategies a Scottsdale DUI Defense Attorney may use:

BREATH TESTING IS INACCURATE
Were you charged with a DUI based on one breath test result?
Virtually all experts concede that one breath test alone is unreliable. Breath testing is subject to various inaccuracies, including a variance as much as +/- 10.0%. This could be increased due to other factors. Therefore, two breath tests must be conducted.

DUPLICATE BREATH TEST NOT TIMELY
Did the officer take another breath test less than 5 minutes from the first test?
After the first breath test, a second must be administered at an interval not less than five minutes or more than ten minutes. If this is not followed then the breath test evidence
can be suppressed.

DUPLICATE BREATH TEST OUT OF RANGE
Were the two breath tests that you took, far apart in range, and still used to charge you with a DUI?
Two breath tests are given. If the second test is not within 0.020 alcohol concentration of the first test, additional tests shall be administered until the results of the two consecutive tests are within 0.020 alcohol concentrations. If this procedure is not followed and the results are outside the allowable range that breath test evidence may be suppressed.

BAC AT THE TIME OF THE DRIVING WAS BELOW .08.
Was your DUI testing conducted within two hours of your driving, being in physical control, or potential to be in physical control of a vehicle?
The blood alcohol level is not constant in the defendant. It rises as it is absorbed by the body; it falls as it is processed by the body. The prosecution must establish that you BAC might have been .08 or better within two hours of driving the vehicle.

FAILURE TO MIRANDIZE
Did the police officer read your Miranda Rights at the time of your arrest? Prosecutors may not use as evidence the statements of a defendant in custody for a DUI when the police have failed to properly issue Miranda Warnings.

IMPROPER STOPPING A VEHICLE FOR DOCUMENTS CHECK
Were you stopped, and asked for your driver's license and registration for no
valid reason (excluding sobriety checkpoint stops) simply to check the driver's license and registration?
There must be an actual traffic violation or valid suspicion of a crime committed or in progress.

ILLEGAL SEARCH
Did police possess a legal and justifiable reason to search you and your vehicle?
The police are prohibited from searching a person or the automobile for a minor traffic offense without your consent, or a search warrant. Evidence found illegally without your consent or probable cause to search you, can usually be suppressed in court by an experienced and competent DUI Lawyer. The case and facts need to be reviewed to determine if your Constitutional Rights were violated and should the evidence be suppressed or the case dismissed.

For now, your immediate challenge is to make sure you hire an experienced Attorney who exclusively handles criminal and DUI cases, and on a regular basis in Scottsdale. Make sure they are good litigators with a wealth of knowledge and experience in defending Scottsdale DUI charges. Without such ally to fight for you your chance of getting your case dismissed, reduced or any good outcome are drastically reduced. Your valuable freedom and future are at stake. Choose wisely.

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You should contact Scottsdale, Arizona DUI Defense Attorney if you have been arrested for a Scottsdale DUI

If you have been charged with a Scottsdale Arizona DUI or Drug DUI, it is crucial that you consult a Scottsdale DUI Attorney regarding a defense. A DUI in Scottsdale Arizona is a very serious offense. Convictions for Scottsdale DUI charges are subject to the strict laws and penalties under Arizona DUI Laws. These are some of the toughest laws which carry with them some of the harshest punishments in the country. You will need an experienced Scottsdale DUI Attorney who practices in there on a regular basis to defend clients facing Scottsdale DUI charges. A Scottsdale DUI charge should be taken very seriously. Contrary to popular believe it is not a civil traffic violation such as running a stop sign. It is a criminal charge with criminal penalties. Scottsdale DUI - DWI penalties include jail or prison time, large fines, fees, and other penalties including court ordered ignition interlock device installation in your vehicle, at your expense. The ignition interlock device requires you to conduct a breath test before the vehicle can start. It is intended to reduce the number of repeat Scottsdale DUI charges.

Scottsdale has earned the reputation of being tough on drunk drivers, and frequently setting up Scottsdale DUI Sobriety Checkpoints. As the summer months begin, school wraps up, more people traveling and vacationing, sports events, vacations, and summer holidays. All translates into more celebrations and vigilance from Scottsdale law enforcement officials. In response Scottsdale will be ready with Scottsdale DUI sobriety checkpoints, Scottsdale DUI Sobriety Task Forces, and Scottsdale DUI Roadblocks; and independent DUI stops and arrests. The Scottsdale and the State of Arizona do not care how you got our Scottsdale DUI or Drug DUI, who you are, or why you were accused driving impaired under the influence of alcohol or drugs. Their only concern is getting a conviction. To defend your DUI in Scottsdale, you will need to hire a good Scottsdale DUI Attorney. There are many complicating facets and processes to defending a DUI charge in Scottsdale. You must consult an attorney who is experienced in dealing with the Scottsdale Court Systems; familiar with breath and blood testing protocol, the ever changing Scottsdale and Arizona DUI DWI laws, and application of defense strategies that will get your case dismissed, charges reduced and the best possible outcome of your case. With a competent Scottsdale AZ DUI Lawyer, your chances of getting a dismissal or more favorable outcome in your case drastically increase.

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