Phoenix DUI Lawyer Blog

Criminal Defense Lawyer

"An experienced Tempe Criminal Evidentiary Hearing Attorney may be able to get a part of all of the prosecutions evidence against you dismissed at a very early stage."

An Evidentiary Hearing" is also known as a "Preliminary Hearing". It is critical that you have an experienced AZ Criminal Defense or AZ DUI lawyer defending you, to attend this hearing. "An experienced Tempe Criminal Evidentiary Hearing Attorney may be able to get a part of all of the prosecutions evidence against you dismissed at a very early stage."

Your Tempe Criminal Defense Attorney or DUI lawyer usually requests this after your "Pre-trial Conference". This gives your Criminal defense or DUI attorney additional time to investigate, and examine the evidence that will be argued in your defense.

Arizona Revised Statutes §13-4238 Evidentiary Hearing describes in detail e purposes and rules surrounding a Tempe Criminal Evidentiary Hearing.

In summary, A.R.S. §13-4238 Evidentiary contains the following:
• Rules of evidence in criminal proceedings which apply
• Burden of proof of allegations and evidence to be identified
• Persons who may be called upon for testimony to be revealed
• Rules and evidence involving any violation of your constitutional rights
• The Tempe Criminal Court or DUI court's role, and obligations
• The Tempe Court shall within 10 days enter its order of conclusions based on its' findings of fact and state expressly its conclusions of law relating to all matters of evidence or issues presented at the hearing.

Your Tempe criminal defense or Tempe DUI Lawyer will argue the evidence they feel should be suppressed or dismissed and reasons why, and name defenses. The Tempe AZ Prosecution may argue its case against you. A formal record of the entire hearing will be made.

Your Tempe criminal attorney or Tempe DUI lawyer will also file the proper motions to the Tempe Court, requesting to suppress or dismiss part or all of the evidence based on the defenses that will be used depending on the circumstances surrounding your case.

To participate or request an evidentiary hearing on your own behalf without the representation of an Arizona Criminal or DUI defense attorney who practices frequently in Tempe, is risky and may be futile. In fact, there is potential you're you to further incriminate yourself. This is always a possibility and concern when or if you choose to represent yourself. Your chance of getting a successful outcome at an evidentiary hearing increase drastically with the legal representation of a Tempe criminal defense or Tempe DUI Attorney. A good Tempe AZ criminal defense or Tempe DUI defense Attorney will make sure your constitutional rights are protected, and be your voice; what motions to file; and most importantly will recognize what issues to be argued on your behalf that will project the most favorable decision possible in defense of your criminal or DUI charges.

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

Continue reading "Tempe Criminal Evidentiary Hearing " »

"There are many defenses that can be used by a skilled Tempe extreme DUI lawyer. Many evidentiary issues can be challenged, all under the appropriate circumstances."
Extreme DUI Penalties Tempe, AZ

A Tempe DUI in Arizona is classified as an "Extreme DUI" when a person's Blood Alcohol Content (BAC) Level is more than 0.15%. This is usually determined via use of a breathalyzer machine test or blood sample results. Even if it is your first AZ DUI conviction the sentence is severe requiring mandatory jail time. The higher the BAC the harsher the Arizona DUI penalties and sentencing will be. In addition to jail or other incarceration additional penalties may be ordered by the court including fines, fees, probation, court ordered use of ignition interlock device on your vehicle, loss of your driving privileges and any other punishments depending on the circumstances surrounding your charges and conviction

Extreme DUI Defenses in Tempe AZ
Defending an Extreme DUI in Tempe, AZ requires the strong defense and litigation skills of an experienced Tempe DUI lawyer. There are many defenses that can be used by a good Tempe extreme DUI lawyer. Many evidentiary issues can be challenged, all under the appropriate circumstances. Many of these defenses are cited and discussed in detail in the Winning Defense Strategies Book ©"#1 Arizona DUI Defense" and "101 DUI Defense Strategies" © Book, written by a successful and experienced DUI Defense and trial Attorney James Novak. Abridged versions of these and additional AZ criminal and DUI defense can be downloaded free of charge to the public at http://www.arizonacriminaldefenselawyer.com/lawyer-attorney-1588988.html

Arizona Extreme DUI Laws
Tempe extreme DUI charges, fall under the strict rule of Arizona State Law DUI and criminal codes and read in part as follows:

28-1382. Driving or actual physical control while under the extreme influence of intoxicating liquor
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle:
1. 0.15 or more but less than 0.20. (Cited in Part)

Tempe Extreme DUI Attorney
Your Tempe DUI Attorney will explain Arizona DUI Laws, your defenses, and your constitutional rights in your situation. Understand that there is a great deal of difference between knowing what the defenses are, and utilizing them through the legal effectively. This takes a lot of skill, training, education, litigation & defense experience, and some element of "thinking outside the box" or creativity. This is one of many reasons why you need the legal representation of a good Tempe DUI lawyer, who defends cases in Tempe AZ on a regular basis.

Some who face extreme DUI charges in Tempe AZ feel that out of necessity they must fight their DUI charges alone without good private practice DUI Attorney who defends DUI charges in Tempe on a regular basis. Unfortunately, they find out that it was the easiest way to get a conviction, with disastrous penalties including jail, fines, fees, interlock device, probation and more (and was far more costly than if they had hired a Tempe Extreme DUI Attorney). It makes the prosecution's job easier if you don't hire a good and assertive private practice DUI attorney. It helps make their case stronger. At every turn they will skillfully try to get you to incriminate yourself further. Evidentiary or Constitutional Right issues may exist that perhaps seem irrelevant or meaningless to you, but in fact they could be material issues that can be used in favor of your defense.

A good Tempe DUI defense attorney will recognize it and use it to defend you. The prosecution will not offer exculpatory (evidence that will help your case) or bring any flaws in the prosecution's case to your attention to help you defend yourself. There are timelines, deadlines, motions to file, conferences hearings, settlement negotiations, and strict court procedures must be strictly complied with. The Tempe Court and processes can be an overwhelming maze to get through without an experienced Tempe DUI attorney who deals with it on a daily basis.

With a good Tempe extreme DUI defense attorney, your chances of getting evidence suppressed, charges reduced (to a non-extreme, or civil traffic violation for example), or a complete dismissal of charges or other good outcome on your case drastically increase. A Tempe DUI lawyer with experience in defense and a strong litigation back ground will be well versed and familiar with AZ DUI laws, Tempe Court, defense strategies, examining evidence and challenging it to defend your Tempe DUI charges. You need a strong DUI defense Attorney to build that wall of protection between you, the police and prosecution. You need someone knows how to gather and examine all evidence available, retest blood sample evidence, protect your constitutional rights, and educate and present your defense to the judge, prosecutors, and or jury.

If you have been charged with any Tempe 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 Tempe DUI, Tempe 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 Tempe criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

Continue reading "Tempe DUI Attorney Defending Tempe Extreme DUI Charges" »

In Arizona, Tempe DUI Convictions Means Jail or Prison Time

Tempe 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, another with a host of other Penalties. Just because you have been charged and arrested, you still have a constitutional right to a defense, and a DUI charge is not yet a DUI conviction. A Tempe 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 Tempe 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 Tempe DUI Attorney's job is to use every available means through legal channels to do that.

A good Tempe DUI Lawyer or Arizona DUI Defense Attorney, who defends Tempe DUI Charges frequently in Tempe Court, will fight to get your charges dismissed completely, or in the alternative reduced to a lesser charge to avoid your having to do Jail or Prison time.

For those facing DUI charges the first thing on many people's mind is "If convicted, will I go to jail or prison and for how long?"

Depending on the severity, circumstances and classification of the Tempe DUI charges
Tempe DUI convictions include other penalties such as fines, fees, probation, counseling, ignition interlock device, and other punishments in addition to jail or prison time. Also, the jail or prison time may fluctuate depending on the facts of your case and criminal history, if any. Often the first question many people have who face DUI charges is "If convicted, will I go to jail or prison and for how long?" The following is simply a guideline4s that focus on that question in the event of a DUI Conviction. Remember, the answer may not be the same, in that some court has discretion to increase the penalties including the sentence 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 Tempe Court and Tempe Prosecutor will not help you to defend your case or make your life easier. To the contrary, their job is to get Tempe DUI convictions. Basically your side of the story will be disregarded or mute. A word of caution, if you do in fact decide to represent yourself (not recommended): In fact, without Arizona DUI legal representation and guidance by an Arizona DUI Lawyer or Criminal Defense Attorney who defends DUI charges frequently in Tempe Court, you may unknowingly be incriminating yourself further and making the prosecutor's case against you stronger. The Tempe Prosecution and Tempe 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 Tempe AZ DUI Attorney should be 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 Tempe Prosecution. They will be your voice of legal defense reason, and mount a strong defense on your behalf. A good Tempe 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 Tempe 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 Tempe DUI, Tempe 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 Tempe criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

Continue reading "Tempe DUI Conviction AZ DUI Law - Jail and Prison " »

Defending Tempe Felony DUI Charges

"The Best Possible Defense against Felony DUI or Aggravated DUI Charges is A Good Tempe DUI Lawyer"

If you have been arrested in Tempe Arizona for a Felony DUI, it did not take long for you to find out, how serious the charges are. Arizona DUI laws are extremely tough on Felony DUI offenses also known as Aggravated DUI charges. A conviction will result in very serious adverse impacts that can last a life-time. In order to protect your future and your freedom it is necessary to consult and hire a Tempe DUI attorney with a successful track record of defending and litigating Tempe DUI charges.

The best possible defense against Felony DUI or Aggravated DUI Charges is a Good Tempe DUI Lawyer. The DUI Attorney you choose must a clear understanding of all the defenses that are available under the law to build and mount an effective defense on your behalf. With the right Attorney, under the right circumstances, you may be able to get your charges dismissed completely or in the alternative reduced to lesser charges with lesser penalties. There are many defenses that can be used, and evidentiary issues issues that can be challenged. Many of these defenses are cited and listed in detail with discussion 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 free of charge and no obligation to purchase or hire, just free information at www.arizonacriminaldefenselawyer.com.

Below are examples of just a few categories of defenses that can be used to suppress
Evidence, and used to negotiate with prosecutors to get charges lowered or dismissed completely:

• No Probable cause for arrest
• No Reasonable suspicion for the traffic stop
• Invalid or unreliable field sobriety tests used
• The Officer was not properly certified to conduct lab or other toxicology test
• Mishandling of evidence
• Errors in blood alcohol testing
• Lack of maintenance or records on breathalyzer machine used to read your BAC
• Inadmissible evidence used
• Improper search or seizure conducted
• Violations of your Constitutional Rights in the arrest process or other phases

There is too much at stake to just take a Felony DUI conviction. Although that is what the State and prosecution would want you to do. It makes their job easier when you go unrepresented by a good private practice Tempe DUI Attorney. They are not the ones who must live with the consequences of such conviction. They don't care who you are, or how it will effect you. They just want the conviction. You must have a strong Tempe criminal defense or Tempe DUI Attorney in your corner that knows exactly what needs to be done to protect you and that will draw from their years of experience and litigation, training, education and knowledge of the law, and court protocol to defend you.

Tempe Felony DUI convictions have higher penalties, increased incarceration of that may include 4 months or more in Tempe prison. Additional penalties include:

• Driver's License revocation
• Probation Term
• Mandatory Ignition Interlock device installed at your expense
• Drug/alcohol Counseling or treatment program
• High costs and fees
• Restitution if applicable
• Whatever else the Court deems appropriate

The punishments for any Arizona Felony DUI charge is so severe that some people just give up all hope. But you can give yourself a fighting chance by getting a dedicated defense attorney to provide you with a strong defense. Most good Tempe DUI Lawyers will provide you with a free consultation to discuss your case. Make you will be talking directly with an Attorney and not a sales or administrative staff assistant from the Firm you are interested in hiring. They will be able to give you the guidance and direction you need to make the tough choice ahead of you that is to hire a good DUI attorney and fight for your freedom or be prepared to get the maximum penalty under Arizona Law for an Arizona Felony DUI. A good Tempe DUI Attorney will use every means available to make sure you get the best outcome possible on your case.

If you have been charged with any Tempe 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 Tempe DUI, Tempe 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, Tempe criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Tempe Felony DUI Attorney " »

A Good Tempe DUI Attorney will fight to dismiss your DUI charges

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

If you face Tempe DUI charges, you need to hire a Tempe criminal defense attorney or DUI Lawyer who defends all kinds of DUI charges on a regular basis. Make sure your Arizona DUI Lawyer is an experienced trial lawyer, who knows the laws well,
including all the newest and changing laws; breath and blood testing issues; but most importantly understands what defense strategies and methods can be used to fight your charges and a conviction based on your Tempe DUI circumstances.

Choosing a Tempe DUI Lawyer to defend your DUI charges may be one of the most important decisions you will ever make. There are many questions you should get answers to, before making a decision as to which Attorney you will hire to defend your case. These are cited in detail within the Winning Defense Strategies Book Series "#1 Arizona DUI Defense", written by experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak and can be downloaded for free at
www.arizonacriminaldefenselawyer.com.

The impacts of a Tempe DUI conviction are severe and can adversely effect you for years to come. Even a first time Arizona DUI misdemeanor conviction, with no prior criminal record, has severe punishments. You have too much to lose, not to hire a good DUI Attorney to represent you and fight your charges. Adverse impacts include effects or loss of job or job opportunities, loss of driver's license, drain on finances with fines and fees, mandatory incarceration in county jail, and even court ordered interlock device (at your expense) on your vehicle which requires you to prove you have not been drinking before your automobile will start.

The Arizona prosecution does not care who you are, what you do, or how your family or job will be affected by a conviction. They will simply pursue your DUI conviction relentlessly. They work closely, with the police to get it. They do not care if the charges are justified or if your constitutional rights were violated during the process. The job of the prosecution is not to protect you or minimize the impacts of a conviction on your life. A Judge can not intervene until a motion is filed or your sign a plea agreement or take the matter to trial. Attempting to tell your side of the story to the Judge on your own will not have favorable effect on your situation. In fact, what you innocently think may be helping your case, may actually be used against you. The Judge does not have authority to dismiss the case until a proper Legal defense challenge is made on your behalf by your Arizona Defense Attorney, or the jury returns a Not-Guilty Verdict on all charges. The chances of getting your DUI dismissed, an acquittal or favorable verdict without a good Arizona Criminal Defense or DUI Attorney are slim to none. The court system as strict rules and guidelines it must follow. You will need a strong Tempe criminal defense attorney or DUI lawyer to defend your case and fight for your rights and freedom. Your Tempe DUI Attorney to build a strong defense for your case. You need someone you can call for answers to questions, someone who will challenge the evidence, protect your constitutional rights, to fight to get your case dismissed, charges reduced, or otherwise the best outcome in your favor. The chances of any of these favorable outcomes are drastically reduced to none without the retention of a private Tempe Criminal or DUI defense Lawyer who does this day in and day out. A Tempe DUI has many factors which must be evaluated. Every one is different and holds its own set of circumstances. There is no cookie cutter defense. Such factors include violations of your Constitutional rights, the reason for the stop, the police officer's handling of the case, proper crime lab testing methods, proper implementation of field sobriety tests, and more. There are many factors in a case that can be challenged to your favor. But you will not get the benefit of having these factors examined and challenged without the right Tempe Criminal Defense Attorney. The judge and prosecution will look at your case through the mind of prosecution only, not in your defense. Hiring a private practice experienced Tempe DUI Defense Attorney, can mean the difference between a conviction or total dismissal if your DUI charges.

If you have been charged with any Mesa, Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any 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 Tempe Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Tempe DUI Lawyer " »

A Tempe DUI Defense allows your Tempe DUI Attorney to file a Motion to Dismiss or Motion to suppress specific evidence that the Prosecution would otherwise use against you. Your Tempe DUI Lawyer may at times be able to present such a defense which will allow for a negotiated dismissal or reduction of the Tempe DUI charges.

A good Tempe Arizona DUI attorney is very familiar with the defenses that can be used to challenge the prosecutions case against you, depending on the circumstances surrounding your Tempe DUI charges. Below is a list of categories of defenses that can be used. These are outlined and discussed in detail in the "Winning Defense Strategies" DUI Defense Book Series written by: James Novak, Arizona DUI and Criminal Defense Attorney:

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

• INDEPENDENT STOPS AND ARRESTS

• FIELD DUI SOBRIETY CHECKPOINT - ROADBLOCKS STOPS

• POLICE OBSERVATIONS OF THE ACCUSED

• FIELD SOBRIETY TESTS

• BREATH, BLOOD AND URINE TESTS

• SUFFICIENCY OF EVIDENCE DEFENSES

• CONSTITUTIONAL RIGHTS VIOLATIONS

• TRIAL DEFENSES ..."

Tempe DUI charges, penalties, conviction and sentencing fall within the Arizona State Criminal Laws and Statutes. Arizona has some of the harshest laws and penalties in the country. Even for a first time DUI, an Arizona conviction carries mandatory jail sentences and other punishments such as court ordered use of an interlock ignition device to be installed in your vehicle. Tempe Arizona wants DUI charge convictions.

Hiring a good Tempe DUI attorney will significantly increase your chances of getting your charges dismissed or reduced. Your Tempe DUI lawyer will use every possible and appropriate defense to attempt to challenge the prosecutor's case, in an effort to get your Tempe DUI charges dismissed, reduced or otherwise the best possible outcome in your case.

If you have been charged with any Tempe DUI, Misdemeanor or Felony DUI, Repeat DUI, DUI with an accident or injury, Extreme DUI, Super Extreme DUI, Underage Drinking DUI, Aggravated DUI, DUI with prescription drugs, DUI with dangerous drugs, or any other Chandler Drug DUI, or any Criminal charge contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499.

Continue reading "Tempe DUI Defenses Attorneys " »

How to Help Get Your DUI Charges Dismissed!

If you are arrested in Tempe for DUI charges you will need an experienced DUI Lawyer or Tempe Criminal Defense Attorney who defends DUI cases often. Tempe is tough on DUI charges, considering them as serious offenses. Penalties fall within the authority and sentencing guidelines of the Arizona State's Criminal Codes. If convicted, DUI Punishments are severe, and carry mandatory incarceration in Arizona.

In addition to hiring a good Tempe Criminal Attorney, there are things you can do with the guidance of your Tempe DUI lawyer to take control your Tempe DUI charges. These items may help to get your case dismissed, reduce the charges, suppress evidence, and to build the most effective defense possible.

Here are just a few excerpts of "24 things" the third DUI Defense book from Arizona DUI Winning Defense Strategies Series by Author: James Novak, Tempe 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 Chandler, 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 Tempe DUI charge. You will need a Tempe DUI Lawyer well versed in all such matters surrounding Tempe DUI Cases, defends them on a daily basis and has extensive DUI litigation experience, and knowledge of Tempe DUI Law. Tempe 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 strict, and changing Tempe 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 Tempe 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 Tempe 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 Tempe 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 Chandler. 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 Tempe 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?

Ambulance or Hospital records: If you were taken to the hospital or emergency Room, following an accident and the ambulance went to the scene or you went to the hospital obtain medical records from both entities. Because of patient privacy laws, it is usually faster for you to obtain the records from the medical provider including the ambulance records, than if a criminal defense attorney requests them.

Your Court Appearance: If you 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 will appear on your citation. If you hire an experienced DUI attorney, you may not need to appear on that date or time. 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 still be issued for your arrest. But even if you are just a few minutes late, the judge and prosecution frown upon this. Tardiness 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 could have an adverse impact on your case.

Contact the Arizona MVD For Your Hearing: In most cases the Tempe 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 Key: One of the questions you will want to ask when you look for Tempe DUI Lawyer is "With whom will I be communicating with on a regular basis?" The Tempe 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 Tempe DUI lawyer.

If you have been charged with any Tempe 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 Tempe 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 Tempe Criminal Defense, and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "TEMPE DUI DEFENSE" »

A Tempe DUI Defense allows your Tempe DUI Attorney to file a Motion to Dismiss or Motion to suppress specific evidence that the Prosecution would otherwise use against you. Your Tempe DUI Lawyer may at times be able to present such a defense which will allow for a negotiated dismissal or reduction of the Tempe DUI charges.

A good Tempe Arizona DUI attorney is very familiar with the defenses that can be used to challenge a the prosecutions case against you, depending on the circumstances surrounding your Tempe DUI charges. Below is a list of categories of defenses that can be used. These are outlined and discussed in detail in the "Winning Defense Strategies" DUI Defense Book Series written by: James Novak, Arizona DUI and Criminal Defense Attorney:

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

• INDEPENDENT STOPS AND ARRESTS

• FIELD DUI SOBRIETY CHECKPOINT - ROADBLOCKS STOPS

• POLICE OBSERVATIONS OF THE ACCUSED

• FIELD SOBRIETY TESTS

• BREATH, BLOOD AND URINE TESTS

• SUFFICIENCY OF EVIDENCE DEFENSES

• CONSTITUTIONAL RIGHTS VIOLATIONS

• TRIAL DEFENSES ..."

Tempe DUI charges, penalties, conviction and sentencing fall within the Arizona State Criminal Laws and Statutes. Arizona has some of the harshest laws and penalties in the country. Even for a first time DUI, an Arizona conviction carries mandatory jail sentences and other punishments such as court ordered use of an interlock ignition device to be installed in your vehicle. Tempe Arizona wants DUI charge convictions.

Hiring a good Tempe DUI attorney will significantly increase your chances of getting your charges dismissed or reduced. Your Tempe DUI lawyer will use every possible and appropriate defense to attempt to challenge the prosecutor's case, in an effort to get your Tempe DUI charges dismissed, reduced or otherwise the best possible outcome in your case.

If you have been charged with any Tempe DUI, Misdemeanor or Felony DUI, Repeat DUI, DUI with an accident or injury, Extreme DUI, Super Extreme DUI, Underage Drinking DUI, Aggravated DUI, DUI with prescription drugs, DUI with dangerous drugs, or any other Chandler Drug DUI, or any Criminal charge contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499.

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Defend Your Tempe DUI Charges!

Legal Standards: "Reasonable Suspicion to Stop" and "Reasonable Cause of Arrest"

If the Tempe Arizona Police officer did not have a "reasonable suspicion" of DUI to stop you, the remedy can call for a dismissal of your Tempe DUI charges. Regarding the Tempe DUI arrest, the standard rises to a higher level, of "probable cause" to arrest. A motion to dismiss for "lack of probable cause to arrest is made" will be made by your Tempe DUI Attorney with the facts. 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. In other words, the test results may not be used against you. That's the law. The case may be dismissed, evidence suppressed, or charges reduced. With these concepts in mind, here are just a few examples of defenses Good Tempe DUI Attorneys have used to beat DUI charges:

DRIVER FATIGUE
Were you actually fatigued rather than under the influence of drugs or alcohol? Driving fatigued can produce many of the same signs as impaired driving under the influence of drugs or alcohol. However, it is not a crime to be tired while driving. The case should be dismissed.

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

SLURRED SPEECH
Did the Tempe DUI officer claim your speech was "slurred"?
How would a police officer, that does not know you personally, know what your voice typically sounds like? You may have a congenital, acquired speech impediment, dental or medical condition. Or you may simply be fatigued, thirsty, or had stress on your voice that day from excessive activity. Maybe that is your normal speech pattern. Regardless, they will be forced to admit on the witness stand, that they are not familiar with any of these facts about you that may apply to your situation. The police have standard forms which they fill in with checkmarks for observations and field sobriety test results. In some cases the officer cannot remember from their independent recollection if you had been slurring every word or just some words anyway.

FLUSH FACE
Did the Tempe DUI police claim your face was "flushed" in appearance?
It is common for the police to attempt to correlate a flushed or red face with a sign or symptom of intoxication. The police do not ask and try to get possible explanations for this observation such as working out doors, driving after a physical work-out, being in the sun, or allergies. Many other factors may exist that would cause this red discoloration. Medical conditions such as Eczema or Rosacia can cause readily seen red patchy or rash-like appearances on the face, neck and upper torso.

Remember, you are innocent until proven guilty in the court of law. You have the right to retain a Tempe DUI Defense Lawyer. Use it. Hiring a good Tempe DUI Attorney can mean the difference between getting your Tempe DUI charges dismissed v. receiving the maximum penalties under the law for a Tempe DUI Conviction. Choose wisely.

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Consult a Tempe DUI Lawyer if you face Tempe DUI Charges

If you are charged with a Tempe DUI you should consult a Tempe Arizona DUI Attorney as soon as possible. Tempe Arizona DUI charges and Tempe DUI penalties are some of the toughest in the country. You will need a good Tempe DUI Attorney provide a strong defense. Tempe law enforcement officials announced earlier this year, that for 2010, they received five monetary grants from Arizona Governor Office of Highway Safety to be used to identify identify impaired drivers in Tempe, Arizona under the influence of drugs or alcohol, DUI, and other traffic safety priorities. The funding was earmarked to be used for enforcement, equipment, detection, apprehension and successful prosecution of impaired drivers as well as other vehicular crimes. The Tempe will be policing vigilantly for impaired DUI or Drug DUI drivers.

Whether you have been stopped and charged with a Tempe DUI at a Tempe DUI sobriety checkpoint, where many are charged during a short period of time, or an independent Tempe DUI arrest, makes no difference in the penalties if convicted. They are serious offenses with serious consequences including incarceration in jail or prison, expensive fines, and fees, court ordered ignition interlock devices installed at your expense, and more. The severity of the charges and punishments depend on how much alcohol, drugs, or other substances were found in your system which impaired your driving; if you are a repeat offender; if you are under the age of 21; if you had a child in the vehicle; and other factors surrounding your DUI charge. But even the most basic first time offenses such as that of being found "impaired to the slightest degree", if convicted includes incarceration sentence of jail-time, fines, fees, and more.

If you face Tempe DUI charges, it is important that you contact a Tempe DUI Attorney as soon as possible. Following your Tempe DUI arrest, you will have a DUI or Criminal complaint in the form of a citation. It will include a Tempe Court date and time. This is for what is called your "Arraignment" At this hearing; you must decide how you want to plea to the violation(s) you have been cited for by the time of your Court date. The plea options available are guilty, not-guilty, or no contest. It is crucial that you consult an experienced Tempe Criminal Defense or DUI Attorney as soon as you receive this or well before this date. If you do not show up for the arraignment, a warrant will be issued for your arrest. If you hire a Tempe DUI or Criminal Defense Attorney, they will handle these details for you. In many cases you will not need to appear for that court date, because your Tempe DUI attorney will have already filed a "not-guilty" plea on your behalf, notice of defenses, and notice of his or her representation on your behalf. Depending on the charges, then, that particular Tempe Court Date on your citation will be vacated. At this point, a good Tempe DUI lawyer will begin aggressively building and mounting a defense on your behalf. They will gather and examine all evidence to determine if any of your constitutional rights were violated, if there are in flaws in the prosecutions cases, and determine the best defenses to use in your case.

The ultimate goal of your Tempe DUI defense Attorney will be to get your case dismissed, clear your record, or in the least reduce the charges and penalties, and make sure the matter has as least impact on you as possible. Without an experienced Tempe DUI defense Attorney, your chances of getting the charges dismissed, charges or punishments reduced or a better outcome than the charges dictate are slim to none. Consequences can be life altering. You will not be able to get this help from the Prosecution or police. Their job is to convict you for the crime for which you were charged, not to look for a way to get your case dismissed or make your life easier. The judge can not do anything to help you accept by proper legal defense motions, evidence and case provided through appropriate protocol by your Tempe Arizona Defense Attorney. You will need a strong defense in your corner, someone who will fight for your rights, freedom and future.

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