Defending Arizona Extreme DUI Charges
"Defending an Extreme DUI in Arizona requires the strong defense and litigation skills of an experienced Arizona DUI lawyer".

Extreme DUI Penalties Arizona, AZ
An Arizona DUI is classified as an "Extreme DUI" when a person's Blood Alcohol Content (BAC) Level is more than 0.15%. This is usually determined through 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 AZ 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 Arizona
Defending an Extreme DUI in Arizona requires the strong defense and litigation skills of an experienced Arizona DUI lawyer. There are many defenses that can be used by a good Arizona 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
It makes no difference if your extreme DUI was in Mesa AZ, Tempe AZ, Phoenix AZ, Chandler AZ, Gilbert AZ, or Scottsdale AZ, the 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)

Arizona Extreme DUI Attorney
Your AZ 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 Arizona DUI lawyer, who defends cases in Arizona AZ on a regular basis.

Some defendants facing extreme DUI charges in Arizona feel that out of necessity they must fight their DUI charges alone without good private practice DUI Attorney who defends DUI charges in Arizona 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 Arizona 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 Arizona 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 deadlines, motions to file, conferences hearings, settlement negotiations, and strict court procedures must be strictly complied with. The Arizona Courts and processes can be an overwhelming maze to get through without an experienced Arizona DUI attorney who deals with it on a daily basis.

With a good Arizona 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. An Arizona DUI lawyer with experience in defense and a strong litigation back ground will be well versed and familiar with AZ DUI laws, Arizona Court, defense strategies, examining evidence and challenging it to defend your Arizona 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 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, 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 Arizona criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

Continue reading "Arizona DUI Attorney" »

Mesa Extreme DUI

"...with a Mesa extreme DUI attorney, your chances of getting evidenced suppressed, charges reduced (to a non-extreme, or civil traffic violation for example), or a complete dismissal of charges or other good outcome on your case drastically increase."
Extreme DUI Penalties Mesa, AZ

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

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

Arizona Extreme DUI Laws
Mesa extreme DUI charges, extreme DUI penalties, DUI sentencing, DUI definitions all fall under the strict rule of Arizona State Law DUI and criminal codes:

28-1382. Driving or actual physical control while under the extreme influence of intoxicating liquor

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle:

1. 0.15 or more but less than 0.20. (Cited in Part)

Extreme DUI Lawyer Mesa, AZ
Your Mesa DUI Attorney will explain Arizona DUI Laws, and defenses, and your constitutional rights in your situation. Know that is a great difference between knowing defenses are, and executing them in order to challenge evidence and charges. This is why you need the defense of a good Mesa DUI lawyer, who defends cases in Mesa AZ on a regular basis.

Some people charged with extreme DUI in Mesa AZ feel that out of necessity they must try to fight their DUI charges alone without good private practice DUI Attorney who defends DUI charges in Mesa on a regular basis. Unfortunately, they find out sooner than later that it is the quickest way to get a conviction, with no break or mercy in sentencing, jail, fines, fees, interlock device, probation, restitution if applicable, and be far more costly than if they had hired a Mesa Extreme DUI Attorney. Also, it makes the prosecutions job easier if you don't hire a private practice DUI attorney. It helps make their case stronger. At every turn they will skillfully try to get you to incriminate yourself further. Also, there may be important evidentiary or constitutional right issues that may have perhaps seemed unimportant or even meaningless to you, but are actually material to your defense. A good Mesa DUI defense lawyer will recognize and use it in your favor. The prosecution will not offer it, or bring it to your attention to help you defend yourself. There are deadlines, motions to file, conferences hearings, settlement negotiations, and strict court procedures must be strictly complied with. The Mesa Court and processes can be an overwhelming maze to get through without an experienced Mesa DUI attorney who deals with it on a daily basis.

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

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

Continue reading "MESA DUI ATTORNEY AZ" »

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

"Hiring a good, experienced private practice DUI Lawyer can mean the difference between getting a Arizona DUI conviction or dismissal of your Arizona DUI charges."

If you face Arizona DUI charges you will need to hire an Arizona DUI Attorney who defends cases regularly in the Arizona Courts. Many good Arizona DUI Attorneys will provide you with a Free Consultation. When you decide, make sure the DUI Attorney you chose has a proven record of defending Arizona 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 Arizona 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 an Arizona 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 Arizona DUI charges is an extremely important decision. Second chances at freedom are rare. There are many Arizona DUI Lawyers. But your challenge is to find a good one. 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 someone to help you get yourself convicted. And you certainly don't want to pay for it! You need a good Arizona DUI lawyer to defend your Arizona DUI charges. 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 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 www.arizonacriminaldefenselawyer.com.

Arizona DUI convictions carry harsh. Arizona has some of the toughest DUI laws and punishments in the United States. Even a first time Arizona DUI conviction can be devastating. There is too much to lose not to hire a good DUI Attorney to represent you and fight your Arizona DUI charges. 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, court ordered ignition interlock devices to be installed in your vehicle at your expense, counseling, and whatever the
Court deems necessary and appropriate for your situation.

Your chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome without a good Arizona Criminal Defense or DUI Attorney are slim to none. The Arizona court systems are a maze of strict rules, guidelines, and protocols it must follow. You will need a strong Attorney 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 Arizona DUI defense case, protect your constitutional rights, and fight to get your charges dismissed.

An Arizona DUI has many facets which must be examined and can be challenged. Each individual's case is different. There is no "cookie cutter" DUI or defense. There are many things an experienced private practice attorney will pick up on after years and year of litigation and experience. These are the types of things that teachers don't teach and law books don't include in an Attorney's law school experience alone. Every defendant's case must be evaluated on its on merits, circumstances, evidence or lack thereof. Some factors that should be examined include but are not limited to: 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 or the evidence challenged without a good private practice Arizona Criminal Defense or DUI attorney. Hiring a good, experienced private practice DUI Lawyer can mean the difference between getting a Arizona DUI conviction or dismissal of your Arizona 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).

Continue reading "Arizona DUI Lawyer " »

Defending Chandler Extreme DUI Charges

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

Extreme DUI Penalties Chandler, AZ
A Chandler 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 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 Chandler AZ
Defending an Extreme DUI in Chandler, AZ requires the strong defense and litigation skills of an experienced DUI lawyer who defends DUI charges frequently in Chandler AZ Court on a regular basis. There are many defenses that can be used by a skilled Chandler 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
Chandler 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)

Chandler Extreme DUI Attorney
Your Chandler DUI Attorney will explain Arizona DUI Laws, your defenses, and your constitutional rights in your situation, the processes, and what to expect. Understand that there is a tremendous difference between knowing what the defenses are, and executing them through the legal processes to challenge evidence and charges successfully. This takes years of education, litigation & defense experience. This is why you need the legal representation of a good Chandler DUI lawyer, who defends cases in Chandler AZ on a regular basis.

Some who face extreme DUI charges in Chandler AZ feel that out of necessity they must fight their DUI charges alone without good private practice DUI Attorney who defends DUI charges in Chandler 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, restitution if applicable, and be far more costly than if they had hired a Chandler Extreme DUI Attorney. It makes the prosecutions job easier if you don't hire a private practice DUI attorney. It helps make their case stronger. At every turn they will skillfully try to get you to incriminate yourself further. 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 Chandler 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 deadlines, motions to file, conferences hearings, settlement negotiations, and strict court procedures must be strictly complied with. The Chandler Court and processes can be an overwhelming maze to get through without an experienced Chandler DUI attorney who deals with it on a daily basis.

With a good Chandler 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 Chandler DUI lawyer with experience in defense and a strong litigation back ground will be well versed and familiar with AZ DUI laws, Chandler Court, defense strategies, examining evidence and challenging it to defend your Chandler 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 Chandler 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 Chandler DUI, Chandler 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 Chandler criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

Continue reading "Chandler DUI Lawyer" »

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

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

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

Choosing a DUI lawyer to defend your Phoenix DUI charges is an extremely important decision. There are many Arizona DUI attorneys who may just go through the motions. You don't need any help getting yourself convicted, and you certainly don't want to pay for it! You need a good Arizona DUI attorney to fight your Phoenix DUI charges. There are many, many defenses that can be used, and issues that can be challenged. Some of these defenses are listed and discussed in detail in the Winning Defense Strategies Book Series "#1 Arizona DUI Defense" and "101 DUI Defense Strategies" Books, written by experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak. Abridged versions of all three books can be downloaded completely free of charge www.arizonacriminaldefenselawyer.com.

Phoenix DUI convictions carry severe punishments, and Arizona has some of the toughest DUI laws in the Country. Even a first time Arizona DUI misdemeanor conviction, with no prior criminal history or criminal record, carries severe penalties. You have too much as stake not to hire a good DUI Attorney to represent you and fight your Phoenix DUI conviction. A DUI conviction can have life changing adverse impacts on your job or future job opportunities, loss of your right to drive and driver's license, high fines, costly fees, mandatory jail time, and court ordered interlock device (at your expense) which requires a person to prove they have not been drinking before the automobile's ignition will start.

The chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome without a good Arizona Criminal Defense or DUI Attorney who regularly defends cases in Phoenix are slim to none. The court system has strict rules, guidelines, and protocols it must follow. You will need an experienced criminal defense attorney or DUI lawyer who regularly defends DUI charges Phoenix, to defend you and challenge the evidence and charges. A good DUI Attorney will overturn every stone to mount a successful Phoenix DUI defense, challenge the evidence, protect your constitutional rights, and fight to get your case dismissed.

A Phoenix DUI has many factors which must be evaluated. Every one is different and holds its own set of circumstances. There is no such thing as a "cookie cutter" DUI or Defense. Every situation should be evaluated on its on merits, circumstances, evidence or lack thereof. Some factors that must be examined and challenged include violations of your state or federal constitutional rights, the reason for the stop, the police officer's handling of the case, proper crime lab testing methods, proper implementation of field sobriety tests, handling of lab results of toxicology tests, maintenance and reliability of breathalyzer machines, and many more factors. But you will not get the benefit of having these factors evaluated and challenged without a good private practice Criminal Defense or DUI lawyer who defends cases in Phoenix regularly. Hiring a private practice and experienced Phoenix DUI Attorney can mean the difference between getting a Phoenix DUI conviction or total dismissal of your Phoenix DUI charges.

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

Continue reading "Phoenix DUI Lawyer " »

Penalties Require Jail in Arizona for DUI Convictions

"A Good Phoenix DUI Lawyer may be able to
reduce your jail or prison sentence or get your charges dismissed completely."

Phoenix DUI law is governed by Arizona State Law DUI conviction has mandatory jail or prison sentences depending on the severity, circumstances, and classification of the Phoenix DUI charges. Even if 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 DUI charge is just the beginning. A Good Phoenix DUI Lawyer may be able to reduce your jail or prison sentence or get your charges dismissed completely. 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 to attempt to get your charges dismissed, reduced or the best possible outcome in your cased.

Important Note: Depending on the severity, circumstances and classification of the Phoenix DUI charges Phoenix 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, it seems the first question many people who have been arrested for DUI want to know is "If convicted, will I go to jail or prison and for how long?" So 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 Jail Sentencing Minimum 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 Phoenix Court and Prosecution will do nothing to make your life easier. If you choose to go unrepresented (not recommended), basically your side of the story will be for the most part disregarded. In fact, without DUI legal representation by a DUI Lawyer or Criminal Defense Attorney who defend DUI charges frequently in Phoenix Court, you may unknowingly be incriminating yourself further.

Your AZ DUI Attorney defending your in Phoenix Court for your DUI, will be familiar with protocol, Arizona law and changes in the law, case law that may effect you, 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 Phoenix Prosecution. They will be your voice of legal defense through the proper legal channels, and do everything within their means to assure you don't have to do the jail time, and will protect your future and freedom.

If you have been arrested for any Phoenix 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 Phoenix DUI, Phoenix Drug DUI, or any other criminal charge including theft, assaults, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Phoenix criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

Continue reading "Phoenix Arizona DUI Arrest Drunk Driving Attorney " »

"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" »

Phoenix Felony DUI Attorney Who Will Fight Your Felony DUI Charges

"Your Best Offense against a Felony DUI Conviction is to hire a good DUI Lawyer who knows what defenses to use to defend a Felony DUI."

If you were arrested in Phoenix Arizona for a Felony DUI, do not underestimate the consequences of a conviction. Felony DUI charges are very serious. Arizona is extremely tough on Phoenix Felony DUI offenses also known as "Aggravated DUI charges". Felony DUI conviction will result in serious punishments with adverse affects on your life that will follow you for years into the future. It is extremely important for you to contact and hire DUI attorney who defends clients regularly in Phoenix Courts, with a proven track record of successful defense and litigation of Phoenix DUI charges.

Your best offense against a Felony DUI Conviction is to hire a good DUI Lawyer who knows what defenses to use to defend Phoenix Felony DUI charges. Your Arizona DUI Attorney must have the knowledge, and experience of using all the defenses available under by Arizona law to build and mount a successful defense against your Felony DUI charges. With a good Phoenix DUI Attorney, you may be able to get your charges dismissed completely or in the alternative reduced to lesser charges with lesser penalties. A dismissal of charges is not obtained by luck. It requires good legal representation by an experienced Maricopa County DUI Lawyer.

There are many defenses that can be used, and evidentiary issues that can be challenged under the appropriate circumstances. Many of these defenses are cited and discussed in detail in the Winning Defense Strategies Book Series ©"#1 Arizona DUI Defense" and "101 DUI Defense Strategies" © Book, written by a successful and experienced DUI Defense Attorney as well as prolific Arizona DUI defenses Author, James Novak. Abridged versions of all his Arizona Defense Books can be downloaded free of charge to the public. Law and your defenses, and your constitutional rights should not be kept a "secret". If charged with any DUI you should be informed. This free information can be downloaded at www.arizonacriminaldefenselawyer.com. Understand there is a big difference between knowing what your defenses are, and knowing how actually challenge evidence and charges which is what a good Phoenix DUI Lawyer does on a regular basis. Many people make the mistake of going at it alone without good private practice DUI Attorney who defends DUI charges in Phoenix.

Below are examples of just defenses categories that can often be targeted by your DUI Attorney that can be used to pursue dismissal of your charges, reduction in sentencing or suppression of evidence:
• The Police Must have "Reasonable Suspicion" for a Traffic Stop
• The Police must have "Probable cause" to arrest for DUI which is a higher standard than a "Reasonable Suspicion" to stop
• Challenging the validity or reliability of the field sobriety tests conducted
• The police officer's credentials or certifications can be questioned regarding the officer's training and use of breathalyzer equipment or drug testing equipment.
• The evidence prosecution wishes to use against you was mishandled
• Margins of error are too wide in breath results or blood testing.
• Too much time went by before proper testing was done.
• The environmental conditions or landscaping were not appropriate or up to standard for which to conduct field sobriety tests.
• Lack of maintenance or records on breathalyzer machine used to read your BAC
• Inadmissible evidence used
• Improper search of your or your vehicle was or seizure was conducted
• Other Violations of your Constitutional Rights occurred.

You have too much to lose with a Phoenix Felony DUI or Aggravated DUI conviction. You must have a strong Phoenix criminal defense or Phoenix 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.

Phoenix Felony DUI convictions have higher penalties, increased incarceration than that of a Misdemeanor DUI. Sentencing for a Felony DUI or Aggravated DUI in Phoenix can include up to 4 months or more in prison, along with other severe penalties, fines, fees, loss of driver's license, mandatory Ignition Interlock device, restitution, and other penalties the court deems appropriate.

The punishments for any Arizona Felony DUI charge is so severe that some people just give to the prosecution, not realizing their DUI charges can be challenged. Most good Phoenix DUI Attorneys will provide a free consultation to provide you such insight regarding your case. 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. With an experienced, dedicated Felony DUI Lawyer, your chances of getting a good outcome on your case drastically increase.

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

Continue reading "Phoenix DUI Lawyer" »

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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One Phoenix DUI Defense that Police Don't Want You to Know about...
"Retrograde Extrapolation"

Retrograde Extrapolation refers to the calculation of blood alcohol content (BAC) by estimating backwards from a later chemical test, in an attempt to determine what your
BAC level was at the time you were driving. Good Phoenix DUI Attorneys sometimes use this as a defense to present to the prosecution that you were not driving illegally, or impaired due to chemicals or alcohol at the time you were driving. Due to the existence of many variables, uncertainties, the complicated mathematical calculations, individual body absorption rates, and toxicology issues surrounding Retrograde Extrapolation, some states prohibit the DUI defense, or prosecution from using it.

The State of Arizona allows for admission Retrograde Extrapolation evidence, but only on a limited basis, meaning they must meet certain time restriction or other criteria in order to use it. Some of the best Phoenix DUI lawyers will still try use it in an appropriate case do defend you and challenge a DUI or Drug tests accuracy in order to suppress evidence or get your case dismissed. An argument can be made by your attorney that an unreasonable amount of time passed between when you were stopped for a Phoenix DUI and when you were tested for DUI or drugs. Therefore, causing the test to be inaccurate or invalid and not an accurate indicator of your impairment at the time you were driving.

A few factors that can result in delays from the time of the Phoenix DUI stop, and the time they were tested. Some common causes of delays include but are not limited to the following:

• You were suspected for Drug DUI, and it took an unreasonable amount of time to transport you to a facility, location, or arrange for qualified personnel to test you.

• A hit and run was involved, knowingly or unknowingly. You did or did not realize you hit someone at the time or you panicked and left the scene before the police arrived. Later, perhaps hours or day (s) you remembered or learned there was an injury involved; reported that you were the driver of the vehicle; and that you were driving under the influence of alcohol or drugs at the time.

• You had to be transported by ground or air ambulance to a hospital which took an unusually long time before you could be properly tested for qualified personnel.

• DUI involved a serious car accident which an unusual amount of time for the police to investigating the scene; a lengthy waiting or working around emergency crews; waiting for other police or traffic control officers to arrive before they had an opportunity to test you.

A good Phoenix Attorney may be able to get the evidence suppressed and case dismissed through the use of an expert, or by calculating the absorption level and elimination of alcohol from the body between the time you were driving and the time the tests were conducted. The rate of elimination in the average person is commonly estimated at .015 to .020 percent per hour. But this number is subject to fluctuations and many different factors for each individual. Generally the rate of your metabolism of drugs or alcohol can be effected by things such as bodyweight, body temperature, the type of drug or alcohol consumed, the amount, type and time of other food or fluids you may have consumed prior to the Phoenix DUI or Phoenix DUI with Drug stop by police.

Even though this defense has limits, it can still be a viable defense. An experienced Phoenix Arizona DUI Attorney may still challenge the breath or chemical testing to defend your case, and get your charges dismissed.

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

Continue reading "Phoenix DUI Attorney Defenses" »

Your chances of getting your Phoenix DUI dismissed increase significantly if your hire a good Phoenix DUI attorney or an Arizona Attorney who defends clients DUI charges frequently in Phoenix Arizona Courts. Here are some factors in the form of questions you should ask when looking for the best Phoenix DUI Attorney to defend your DUI charges. The following explanation is an excerpt taken from the "Winning Defense Strategies" Book Series written by James Novak, Arizona DUI and Criminal Defense Attorney:

"What is Your Experience?

What background do you have that qualifies you to handle my case?

Have you ever been a prosecutor? If so, where, and for how long?

Who Will Be My Lawyer?

Will you be the lawyer who is actually handling my case?

Who is doing all the investigation on my case? Will you be the lawyer who shows up to court with me?

Will you be switching lawyers on me?

Can I meet my assigned lawyer before I agree to hire your firm?

Will I be able to speak to you if I have a question or concern?

What is it going to Cost?

What training do you have with the issues involved in my case?

How many cases like mine have you handled?

How often do you handle this specific type of case?

How often do you deal with this particular prosecutor?

How often do you appear in this court?

How often do you appear before this particular Judge?

What is your current caseload?

How long should I expect to wait to hear back from you if I leave a message for you?"

No matter what you chose to do, remember if you face a Phoenix DUI or other Criminal Charge you are innocent until, and only if, you are proven guilty. Everyone makes mistakes. It's how you recover from that mistake that counts more. You can take control of your criminal or DUI charges now, by consulting and retaining a good Phoenix DUI lawyer.

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

Continue reading "Phoenix DUI Attorney | How to Choose a Good Phoenix DUI Lawyer " »

Your chances of getting your Arizona DUI dismissed increase drastically if you hire a DUI attorney in Arizona. There are many reasons for this. The following explanation is an excerpt taken from the "Winning Defense Strategies" Book written by James Novak, Arizona DUI and Criminal Defense Attorney:

"The police have already done their job and charged you with Arizona criminal DUI. You have a lot at stake including adverse effects to your job, driver's license, family, finances, children, future and freedom. The case is already in the court system and your file has been attached a court reference number. A mug shot and a case number are all you are in the eyes of the State of Arizona and the Prosecution. Sound cold? Yes, but true. The Prosecution does not care who you are, what you do, or how your family or job will be affected by any of it. All they want is a conviction. That's what they get paid for. And they will work closely, with the police to get it. They will not look over every detail of your case to evaluate it to determine if the charges are justified, or to determine if any your constitutional rights were violated in anyway. That is not their job and they are too busy for that anyway. Their job is not to protect you, provide a defense, or help to find a way to minimize the adverse impacts to you due to the charges. They prosecute and convict. If you are looking for the Judge to be in your corner, look again. He's not either. The Judge does not intervene until a motion is filed or your sign a plea agreement or take the matter to trial. "Telling" your side of the story to the Judge will not have favorable effect on your situation. 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 an acquittal or not-guilty verdict without a good Arizona Criminal Defense or DUI Attorney are slim to none. The system is complicated. It is a maze of laws, protocol, people and odds against you. You have a choice. You need a strong ally. You need an Arizona Criminal and DUI Defense Attorney to build a strong defense for your case. You need someone you can call for answers to questions, to defend you, to protect your constitutional rights, to fight to get evidence suppressed, charges reduced or labor to get your case ultimately dismissed.

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

Continue reading "Arizona DUI Defense | Why you need an Arizona DUI Attorney " »

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

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

If you face Gilbert DUI charges, you need to hire a Gilbert criminal defense attorney or DUI Lawyer who defends all types of DUI charges in Gilbert on a regular basis. Make sure your Arizona DUI Lawyer defending your Gilbert DUI is an experienced trial lawyer, who knows the laws, new or changing legislation, case law, breath and blood testing issues; and police and handling protocol; but most importantly, one who understands what defenses can be used to fight your Gilbert DUI charges and a conviction based on your set of DUI circumstances for which you were stopped and arrested.

Choosing a DUI lawyer to defend your Gilbert DUI charges is an extremely important decision. There are many Arizona DUI attorneys who may just go through the motions. You don't need any help getting yourself convicted, and you certainly don't want to pay for it. You need a good Arizona DUI attorney to fight your Gilbert DUI charges. There are many, many defenses that can be used, and issues that can be challenged. Some of these defenses are listed and discussed in detail in the Winning Defense Strategies Book Series "#1 Arizona DUI Defense" and "101 DUI Defense Strategies" Books, written by experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak. Abridged versions of all three books can be downloaded completely free of charge www.arizonacriminaldefenselawyer.com.

Gilbert Police are extremely aggressive when it comes to DUI arrests. The police are highly trained in drug and alcohol toxicology and cues for DUI stops and arrests. They
In addition to task forces, Gilbert has extra motorcycle DUI and traffic law enforcement teams out actively looking for those drunk driving in Gilbert Arizona. They want DUI arrests and the Gilbert Prosecutors what DUI convictions. Gilbert Police have a reputation for being tough on DUI driving, and known to even go outside their own jurisdiction of the Gilbert city limits to find them, and make Gilbert DUI arrests.

Gilbert DUI convictions carry tough punishments as allowed by Arizona DUI law. . Even a first time Arizona DUI misdemeanor conviction, with no prior criminal history or criminal record, carries severe penalties. There is too much to lose not to hire a good DUI Attorney to represent you and fight your Gilbert DUI conviction. Adverse impacts include loss of your job or future job opportunities, loss of your right to drive and driver's license, high fines, costly fees, mandatory jail time, and court ordered interlock device (at your expense) which requires you to prove you have not been drinking before your automobile will start.

The chances of getting your DUI dismissed, an acquittal, or any favorable verdict without a good Arizona Criminal Defense or DUI Attorney who regularly defends cases in Gilbert are slim to none. The court system has strict rules, guidelines, and protocols it must follow. You will need a strong criminal defense attorney or DUI lawyer who regularly defends DUI and criminal charges in Gilbert Arizona, to defend you and challenge the charges. A good DUI Attorney will build and mount a strong Gilbert DUI defense, challenge the evidence, protect your constitutional rights, and fight to get your case dismissed.

A Gilbert 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 that must be examined and challenged include violations of your state or federal constitutional rights, the reason for the stop, the police officer's handling of the case, proper crime lab testing methods, proper implementation of field sobriety tests, handling of lab results of toxicology tests, maintenance and reliability of breathalyzer machines, and many more factors. But you will not get the benefit of having these factors examined and challenged without a good private practice Criminal Defense or DUI lawyer who defends cases in Gilbert regularly. Hiring a private practice experienced Gilbert DUI Defense Attorney, can mean the difference between a conviction or total dismissal if your 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 Gilbert Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Gilbert AZ DUI Lawyer " »

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

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

If you face Chandler DUI charges you will need to hire a criminal defense lawyer or DUI Attorney who defends cases regularly in the Chandler Courts. Many good DUI Attorneys will provide you with a Free Consultation. When you decide, make sure the DUI Attorney you chose has a proven record of defending Chandler 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 Chandler 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 Chandler 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 Chandler DUI charges is an extremely critical decision. Second chances at freedom are rare. There are many Arizona DUI Lawyers. But your challenge is to find a good one. 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 Chandler 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 free of charge www.arizonacriminaldefenselawyer.com.

Chandler DUI convictions carry severe penalties. Arizona has some of the toughest DUI laws and punishments in the Country. Even a first time Chandler DUI charge carries severe penalties. There is too much to lose not to hire a good DUI Attorney to represent you and fight your Chandler 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 Chandler are slim to none. The Chandler 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 Chandler DUI defense case, protect your constitutional rights, and fight to get your charges dismissed.

A Chandler DUI has many facets which must be examined. Each individual's case is different. There is no "cookie cutter" DUI or defense. There are many things a good attorney will pick up on after years and year of litigation and experience that a text book does not teach you in law school. Every defendant's case must be evaluated on its on merits, circumstances, evidence or lack thereof. Some factors that should be examined include but are not limited to: 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 or the evidence challenged without a good private practice Criminal Defense or DUI attorney who defends cases in Chandler regularly. The Stakes are high. Hiring a good, experienced private practice DUI Lawyer can mean the difference between getting a Chandler DUI conviction or dismissal of your Chandler 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).

Continue reading "Chandler Arizona DUI Lawyer " »

"An Experienced Mesa 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."

Mesa DUI (Driving under the Influence) aw is governed by Arizona State Law DUI conviction includes mandatory jail or prison sentences depending on the severity and classification and circumstances surrounding your Mesa, AZ DUI charges, and the circumstances surrounding your DUI charges and arrest. If 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 Mesa Drunk Driving charge 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 Mesa 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 Mesa 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 Mesa, AZ DUI charges Mesa AZ 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 have who faces Mesa DUI charges 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 the 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 Minimum Incarceration 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 Mesa Court and Mesa Prosecutor will not do anything to help you defend your case. They want Mesa DUI convictions. If you choose to go unrepresented (not recommended), basically your side of the story will be ignored. In fact, without DUI legal representation and guidance by an Arizona DUI Lawyer or Criminal Defense Attorney who defends DUI charges frequently in Mesa Court, you may unknowingly be incriminating yourself further. The Mesa Prosecution and Mesa Court gets a fast conviction with little work when a defendant goes unrepresented. And without proper legal representation your attempts at defending yourself could make matters worse.

Your AZ DUI Attorney defending your in Mesa Court for your DUI, will be familiar with protocol, experience in frequent DUI litigation, understanding of Arizona law and changes in Arizona State law, Case law (other cases that may effect yours), 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 Mesa Prosecution. They will be your voice of legal defense reason, and mount a strong defense on your behalf with the goal of make your rights are not violated, and that your future and freedom are protected.

If you have been arrested for any Mesa 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 Mesa DUI, Mesa Drug DUI, or any other criminal charge including theft, assaults, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Mesa criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

Continue reading "Mesa DUI Penalties Require Jail Time For Arizona DUI Convictions" »

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 " »

Gilbert Felony DUI Attorney Who Fights Felony DUI Charges

"Your Best Offense against a Felony DUI Conviction is to hire a good DUI Lawyer who knows what defenses that can be used to defend Gilbert DUI Felonies".

If you face Gilbert Felony DUI, you will need to contact an Attorney to be experienced in defending Gilbert DUI charges. Felony DUI charges are very serious, especially in Arizona. Gilbert Police and Prosecution are extremely aggressive and they want convictions. Felony DUI charges are also known as "Aggravated DUI charges". Felony DUI convictions will result in serious punishments with adverse affects on your life that will follow you for years into the future. Gilbert Felony DUI convictions have higher penalties, increased incarceration than those of Misdemeanor DUI. Sentencing for a Felony DUI or Aggravated DUI in Gilbert can include up to 4 months or more in prison, in addition to other punishments such as fines, fees, loss of driver's license, mandatory Ignition Interlock device, restitution, probation and other penalties the court deems necessary.

Your Best Offense against a Felony DUI Conviction is to hire a good DUI Attorney is well versed at the defenses that can be used to defend your Gilbert DUI Felony. Your Arizona DUI Attorney must have the knowledge, and experience of using all the defenses available under by Arizona law to build successful defense against the prosecution in Gilbert for your Felony DUI charges. With a good Gilbert DUI Attorney, you may be able to get your charges dismissed completely, reduced to lesser charges and sentencing, or suppression of evidence against you. It requires good legal representation by an experienced Maricopa County DUI Attorney who is familiar and practices regularly in Gilbert, Arizona DUI Courts.

There are many defenses that can be used, and evidentiary issues that can be challenged in a felony DUI depending on each defendant's set of circumstances. Many of these defenses are cited in detail in the Winning Defense Strategies Book Series ©"#1 Arizona DUI Defense" and "101 DUI Defense Strategies"© Book, written by successful and proven DUI Defense Attorney, Arizona DUI defenses Author, James Novak. Abridged versions of many his Arizona winning defense strategies can be downloaded free of charge to the public. Your Arizona DUI defenses and your constitutional rights should be no "secret". A successful defense requires the right attorney, hard work, dedication, knowledge and experience. You deserve no less in an Arizona DUI Attorney to defend you. The free abridged versions of the book can be downloaded by simply visiting www.arizonacriminaldefenselawyer.com. Understand there is a big difference between knowing what your defenses are, and knowing how actually use them to challenge evidence and charges. A good Gilbert DUI Lawyer knows exactly what to do through the legal channels and protocol of the Gilbert Courts. Many people make the mistake of trying to represent them selves without hiring an attorney. This is very dangerous. You may be innocently trying to tell your side of the story, when in fact you are incriminating yourself further. You have the right to remain silent, use it. Let a good DUI Attorney who defends DUI charges in Gilbert Courts on a regular basis, knows the court procedures, guidelines, when and our to negotiate and make a defensive move on your behalf to best defend you. You have heard the old saying: "Only a fool represents himself". Note: This applies to Attorneys too. The best of attorneys will hire the best attorney they can find to defend them, if they have criminal or DUI charges too. It can happen to anyone, no matter who you are or what you do for a living. You won't find a neurosurgeon doing their own cerebral brain surgery either. (While that's a little far fetched, you get the point.)

Below are examples of just defenses categories that can often be targeted by your DUI Attorney that can be used to pursue dismissal of your charges, reduction in sentencing or suppression of evidence:

• "Reasonable Suspicion" is required for a traffic stop, by police
• "Probable cause" is required to arrest someone for DUI. This is a higher standard than "Reasonable Suspicion" to stop
• Validity or reliability of the field sobriety tests can be challenged.
• A police officer's credentials, certifications or competence can be challenged.
• Evidence the prosecution wants to use against you may have been mishandled during obtaining the evidence, handling by a third party, storage, or transport.
• Margins of differences exist in breath results or blood testing if they are too far apart.
• Too much time went by before the preliminary breath test, and official breath test was conducted.
• The environmental or landscaping conditions were not up to the official standards and guidelines to conduct field sobriety tests (large snow drifts, high winds, non-level ground, interferences, problems with lighting required with some field sobriety tests.
• Unapproved or unreliable field testing methods were performed.
• Lack of maintenance or records on breathalyzer machine used to read your BAC
• Inadmissible evidence used
• Out dated or not properly stored drug kits were used such as kits that may have been stored in police car trunks subject to extreme Arizona summer heat.
• Improper search and seizure of you or your vehicle was conducted.
• Other Violations of your Constitutional Rights occurred.

You have too much to lose with a Gilbert Felony DUI or Aggravated DUI conviction. You must have a strong Gilbert criminal defense or Gilbert 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. . With an experienced, dedicated Felony DUI Lawyer, your chances of getting a good outcome on your case drastically increase.

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

Continue reading "DUI Attorney in Gilbert Court" »

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).

Continue reading "Scottsdale DUI Attorneys | Scottsdale Defenses " »

A Mesa DUI Defense is something that allows your Mesa DUI Lawyer to file Motions to Dismiss the charges or suppress certain evidence that Prosecutors would otherwise use against you in their attempt to convict you of Mesa DUI charges. Your Mesa DUI Defense Lawyer may at times be able to present a specific defense which will allow for a negotiated dismissal or reduction of the Mesa DUI charges.

A good Mesa DUI attorney or DUI lawyer who defends DUI charges frequently in Mesa are familiar with what defenses can be used to challenge a the prosecutions evidence against you. Below is a list of primary categories of defenses that are often used to fight DUI charges in Mesa. 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 ..."

Mesa DUI charges, classifications, and laws fall within the Arizona State Criminal Laws and Statutes. Arizona has some of the harshest laws and penalties in the country for DUI charges. Even a first time DUI in Arizona carries mandatory jail, and court ordered court ordered use of an interlock ignition device to be installed in your vehicle. Mesa Arizona Prosecution wants DUI charges convicted. It makes no difference, who you are, or that fact that you do not have a criminal record. Mesa is looking for DUI convictions, and will do everything within their authority to get them.

If you have hired a good Mesa DUI attorney or Arizona DUI lawyer your chances of getting your charges dismissed or reduced significantly increase. Your DUI lawyer defending your Mesa charges an will use every appropriate defense in an attempt to challenge the prosecutor's case, get your Mesa DUI charges dismissed, reduced or otherwise the best possible outcome in your case.

If you have been charged with any Mesa 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. Speak directly with experienced Mesa Criminal and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Mesa DUI Attorneys| Mesa Defenses " »

A Good Mesa DUI Attorney will challenge all evidence possible to get your DUI charges Dismissed!

"Hiring an experienced private practice DUI Attorney can mean the difference between getting a Mesa DUI conviction or total dismissal of your Mesa DUI charges."

If you face DUI charges in Mesa, you will need to consult a criminal defense attorney or DUI Lawyer who defends all types of criminal charges and DUI charges in Mesa Arizona on a regular basis. Make sure your Arizona DUI Lawyer is has a proven track record of defending Mesa DUI cases, knows the Arizona DUI laws which are constantly changing, Case law that may affect your case, breath and blood testing issues; and police and handling protocol. But most importantly, you need to know that the Arizona DUI attorney defending your Mesa DUI charges will make active efforts to defend 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 Mesa 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 Mesa DUI charges is an extremely important decision. There are many Arizona DUI attorneys. But the good ones are not so 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. 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 Mesa 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.

Mesa DUI convictions carry severe punishments, and Arizona has some of the toughest DUI laws and penalties in the United States. Even a simple first time Mesa DUI charge carries severe penalties. There is too much to lose not to hire a good DUI Attorney to represent you and fight your Mesa DUI charges. A DUI conviction of any kind can have life changing adverse impacts on your job or future job opportunities, loss of your right to drive and driver's license, high fines, costly fees, mandatory 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 Mesa are slim to none. The court system has strict rules, guidelines, and protocols it must follow. You will need an experienced criminal defense attorney or DUI lawyer who regularly defends DUI charges in Mesa Arizona to provide you will legal representation. A good DUI Lawyer will do everything possible to build an effective Mesa DUI defense case, protect your constitutional rights, and fight to get your charges dismissed.

A Mesa 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 evaluated and challenged include violations of your state or federal constitutional rights, the reason for the stop, the police officer's evidence and deciding factors in making the DUI arrest, handling of the evidence, proper crime lab testing methods, proper implementation of field sobriety tests, handling of lab results of toxicology tests, maintenance and reliability of breathalyzer machines, and many more factors. But you will not get the benefit of having these factors evaluated and challenged without a good private practice Criminal Defense or DUI lawyer who defends cases in Mesa regularly. Hiring an experienced private practice DUI Attorney can mean the difference between getting a Mesa DUI conviction or total dismissal of your Mesa 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 Mesa Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Mesa DUI Lawyer " »

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 " »

Mesa DUI Attorney Who Can Fight Your Mesa Felony DUI Charges

"Your Best Offense against a Felony DUI Conviction is to hire a good DUI Lawyer who is dedicated, experienced and knows what defenses to use to fight your Mesa DUI Felony Charges."

If you were arrested for a Mesa Felony DUI you will need to contact a DUI Attorney with a great deal of experience in defending Mesa DUI charges. Arizona Felony DUI charges are very serious offenses. Mesa Police and Prosecution want convictions. Felony DUI charges are also known as "Aggravated DUI charges". Felony DUI convictions will result in serious punishments with adverse affects on your life that will follow you for years into the future. Mesa Felony DUI convictions have more sever punishments than Misdemeanor DUI. Sentencing for a Felony DUI or Aggravated DUI in Mesa can include up to 4 months or more in prison, on top of other increased penalties such as fines fees, restitution, loss of driver's license, mandatory Ignition Interlock device, probation and whatever the court feels is appropriate based on your circumstances.
Your Best Offense against a Felony DUI Conviction is to hire a good DUI Lawyer who is dedicated, experienced and knows what defenses to use to fight your Mesa DUI Felony Charges. Your Arizona DUI Attorney must have a vast of amount of criminal defense and DUI litigation experience, special training, and education, and the ability to use all possible defenses available under by Arizona law to build and mount a successful defense against the prosecution's Mesa Felony DUI charges against you. With a good Mesa DUI Attorney, you may be able to get your charges dismissed completely, reduced to lesser charges and sentencing, or suppression of evidence they plan to use in an attempt to convict you of a Mesa Felony DUI or Mesa Aggravated DUI. It requires good legal representation by an experienced Maricopa County DUI Attorney who is familiar and practices regularly in Gilbert, Arizona DUI Courts.

There are many defenses that can be used, and evidentiary issues that can be challenged in a Mesa Felony DUI case, depending on your circumstances. Many of these defenses are cited in detail in the Winning Defense Strategies Book Series ©"#1 Arizona DUI Defense" and "101 DUI Defense Strategies"© written by successful and proven DUI Defense Attorney, and Author James Novak. Abridged versions of his Arizona winning defense strategies series of books can be downloaded free of charge to the public simply by visiting www.arizonacriminaldefenselawyer.com. Your Arizona DUI defenses and your constitutional rights should be no "secret". A successful defense requires the right attorney, hard work, dedication, knowledge and experience. You deserve no less in an Arizona DUI Attorney to defend you.

There is a big difference between knowing your defenses. and knowing how to utilize them through the proper legal channels and court to challenge evidence and charges. A good Mesa DUI Lawyer knows exactly what to do and how to do it. Many people make the mistake of trying to represent them selves without hiring an attorney. This can be very dangerous. You may be innocently think that what you are saying or doing is helping your case, when in fact you may be incriminating yourself and helping the prosecution's case further. You have the right to remain silent, use it. Let a good DUI Attorney who defends DUI charges in Mesa Courts on a regular basis, knows the court procedures, guidelines, when and our to negotiate and make a defensive move on your behalf to best defend you.

Below are examples of defenses that can often be subject of consideration by your DUI Attorney to be used to negotiate a complete dismissal, of the Mesa Felony DUI charges, reduction in sentencing or suppression of evidence:
• There was no "Reasonable Suspicion" to justify the stop by police.
• There was no "Probable cause" to arrest you. ("Probable Cause" to arrest is a higher standard than a "Reasonable Suspicion" to stop).
• Validity or reliability of the field sobriety tests is questionable.
• The officer's credentials, certifications or competence is in question.
• Evidence was mishandled during obtaining, storage or transportation.
• The results of multiple tests are too far apart and raise questions as to validity and accuracy.
• Too much time went by before the Portable Breath Test (PBT or preliminary breath test), and official breath with the test was conducted.
• The arrest was made simply due to the results of the PBT which is not calibrated, properly maintained, or considered official.
• The environmental or landscaping conditions which existed during the field sobriety tests did not meet the required standards for accurate test results to be obtained.
• You had a medical condition which prohibited you from performing the field sobriety tests putting you at a disadvantage.
• You had a digestive medical condition which caused the breath tests to be inaccurate.
• Unapproved or unreliable field testing methods were performed.
• Lack of maintenance or records on breathalyzer machine used to read your BAC
• Inadmissible evidence used
• Expired dates or improper storage of drug kits were used which compromised the accuracy of test results. .
• Improper search and seizure of you or your vehicle was conducted.
• Other Violations of your State or Federal Constitutional Rights exist.

Defenses such as these and many more need to be pursued and your case presented by an experienced, specially trained, and proven Criminal Defense Attorney or Mesa DUI Attorney who knows exactly what needs to be done and how to use such defenses in your favor. With an experienced, dedicated Felony DUI Lawyer, your chances of getting a good outcome on your case drastically increase.

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

Continue reading "Mesa DUI Lawyer " »

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 " »

What You Can Do To Help Get Your DUI Charges Dismissed!

If you face Chandler DUI charges, you will need an experienced DUI attorney or Criminal Defense Attorney who defends DUI cases on a regular basis in Chandler Arizona. There are also things you can do with the guidance of your Chandler criminal attorney, to take control your Chandler DUI charges. Yes there are things you can do to help get your case dismissed, reduce the charges, or 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, Chandler 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 Chandler DUI charge. You will need a Chandler DUI Lawyer well versed in all such matters surrounding Chandler DUI Cases, defends them on a daily basis and has extensive DUI litigation experience, and knowledge of Chandler DUI Law. Chandler 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 Chandler 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 Chandler 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 Chandler 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 Chandler 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 Chandler 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 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.

Contact the Arizona MVD For Your Hearing: In most cases the Chandler 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 Chandler DUI Lawyer is "With whom will I be communicating with on a regular basis?" The Chandler 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 Chandler DUI lawyer.

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

Continue reading "CHANDLER DUI DEFENSE" »

How good DUI lawyers beat DUI Charges!

If you have been charged with a Phoenix DUI, you should consult an experienced Phoenix AZ DUI attorney, or an Arizona DUI Attorney who defends DUI charges frequently in Phoenix, Arizona. You may be feeling helpless against the prosecution at this point. But there are things you can do, help get your case dismissed, charges reduced, evidence suppressed, or the otherwise best possible outcome in your case.

Here are just a five out of "24 things" from the third DUI Defense book from the Phoenix DUI Winning Defense Strategies Series by Author: James Novak, Phoenix 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 Phoenix DUI Lawyer as Soon as Possible:
DUI cases in Arizona are serious offenses. Even for some attorneys, they are
difficult to defend due to changing laws, and the many facets involved with effectively defending a case. You need to consult an Attorney who is well versed in all such matters surrounding Arizona DUI Cases, defends them on a daily basis and has extensive DUI litigation experience. Criminal Defense & DUI Attorney must have the needed experience and education to know 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 Arizona 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. You need an assertive attorney who does not just sit back and hope for the best. First of all, the best will not happen, in that event. Second of all, if you wanted that, you would not need an attorney at all. It's too important a matter. There's too much at stake, and the process is too difficult to take on your own, or to let "a family attorney" or someone who is not extremely competent in defending DUIs to handle your case.

Write, Type, or Document in some form a Detailed Narrative of the Phoenix DUI Stop and arrest as You Recall It: Your Arizona DUI Defense will depend on these specific facts about your DUI. Regardless of if your DUI was a Felony or Misdemeanor the same should be done. What matters most is for you to record what happened- Who, what, why, where, and when that night or day. The earlier you write your narrative - the chances of you forgetting something will decrease. Our memories of details begin to fade over time. Humans have an unconscious ability to forget the pain of trauma, or extremely unpleasant events over time. So the sooner you can recall and document the events, the better. A good DUI attorney will tell you that it is crucial for you to document a true and self-honest account of what happened, however painful it may be to recall. Include everything leading up to the initial encounter with Arizona 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 Arizona. It is always best when discussing facts which could have adverse legal consequences that you maximize confidentiality when communicating with your DUI Attorney. Information is critical to build a case for your defense. The more you give your attorney to work with, the more information they will have to mount a strong defense. Details matter! Many cases have been dismissed based on what seemed to the defendant to be minor. Details that may not seem important to you may be just exactly what your Attorney needs to exercise a defense. Let your Attorney decide what is important or what may not be.

Contact the Arizona MVD If You Want a Hearing: In most cases the Phoenix Arizona 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 AZ 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 AZ MVD matter is a separate, more civil v. criminal 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).

Your Court Appearance: If you ignore or forget to appear or are late at your designated 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. Judges and the prosecution frown upon this, and it is considered to be the utmost disrespect to them, their time, and their dockets. Tardiness for your court appearance sends a message to them that you are not taking the DUI charges seriously.The consequences of this could be quite unfavorable to your defense.

Communicate: If you have an attorney, you should get in the habit of staying in contact with him or her and keep the lines of communication open. That is there job as well. If you have hired an attorney, with whom you feel you can not communicate with, or do not have a professional comfort level with your case may be destined for failure. That should be a major factor to consider, if and when you decide to hire an attorney. In any event, contact them in the least prior to every court date. Make sure you coordinate the time and place to meet your attorney. You don't want any surprises. Remember, your Phoenix DUI Attorney works for you.

If you have been charged with any Phoenix DUI, Misdemeanor or Felony DUI, Repeat DUI, 3rd or 4th 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 Phoenix Drug DUI, a DUI in Phoenix and you are an out of state Resident, 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).

Continue reading "CALL A GOOD PHOENIX DUI LAWYER " »

How Good DUI Lawyers Fight Gilbert DUI Charges

If you face Gilbert DUI charges, you will need an experienced DUI attorney or Criminal Defense Attorney who defends cases on a regular basis in Gilbert Arizona. In addition, there are things you can do in conjunction with the guidance of your Gilbert criminal attorney, to help get your case dismissed, reduce the charges, suppress evidence, or otherwise get the best possible outcome in your case.

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, Gilbert 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 Gilbert, 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 Gilbert DUI charge. You will need a Gilbert DUI Lawyer well versed in all such matters surrounding Gilbert DUI Cases, defends them on a daily basis and has extensive DUI litigation experience, and knowledge of Gilbert DUI Law. Gilbert 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 Gilbert 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 Gilbert DUI Defense will depend on these specific facts about your DUI. It is of little or no difference whether you got a Phoenix DUI, Tempe DUI, Scottsdale DUI, Gilbert DUI, Gilbert DUI, Chandler DUI, misdemeanor DUI or felony DUI. The type and location of the stop is of no concern at this point for your Gilbert 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 Gilbert 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 Gilbert. 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 Mesa 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?

Medications and Physical Limitations: Include a description of any medications you were on. Indicate name, and dosage. Include for what reason were you were taking them (recreational or otherwise). If medical or dental, indicate the physical or mental conditions for which they were being taken. Your condition(s) may have impaired your ability to perform the field sobriety tests or could be a reason for the officers improper conclusion that your had been driving impaired. Also, get and preserve your medications scripts from your doctor and keep the original pill containers.

Contact the Arizona MVD If You Want a Hearing: In most cases the Gilbert 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 looking for DUI legal representation is "With whom will I be communicating with on a regular basis?" The Mesa 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 Gilbert DUI lawyer.

If you have been charged with any Gilbert 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 Gilbert 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).

Continue reading "GILBERT DUI LAWYERS " »

Chandler DUI Defenses

A specific defense allows your Chandler Attorney to file a Motion to Dismiss or Motion to suppress specified evidence that would otherwise harm your case. Your Chandler DUI Lawyer may be able to present the specific defense by your DUI Attorney to the prosecutor which may open the door for a negotiated dismissal or reduction of the Chandler DUI charges.

An experienced Chandler Arizona DUI attorney or Attorney who defends DUI charges frequently in Chandler are familiar with the many defenses that can be used to challenge your Chandler DUI charges depending on the facts of your DUI case. The following is a list of primary categories of defenses that are often 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 ..."

Chandler DUI classification, laws, penalties and convictions fall under the authority of Arizona State Criminal Laws and Statutes. As you know already, these are some of the harshest laws and penalties in the country. Even a first time DUI conviction, in Arizona carries a mandatory jail sentences and other penalties, such as court ordered us of an interlock ignition device in your vehicle. Chandler Arizona wants DUI convictions. But if you are defended by a good Chandler DUI attorney or Arizona DUI lawyer who defends DUI charges on a regular basis, your chances will increase of getting your charges dismissed or reduced. Your Chandler DUI lawyer will use every defense possible in your case. They will gather and examine the evidence; Determine which defenses will be the most effective to use, in order to fight your DUI. Your DUI Attorney will then challenge the prosecutor's case, in an effort to get the your Chandler DUI charges dismissed, reduced or otherwise the best possible outcome in your case.

If you have been charged with any Chandler 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. Speak directly with experienced Chandler Criminal and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Chandler DUI Attorneys " »

Get Your Mesa DUI Case Dismissed!

If you face Mesa DUI charges, you already realize how serious it is. You will need an experienced DUI attorney or Criminal Defense Attorney who defends cases on a regular basis for DUI charges in Mesa Arizona. You will be working as a team with your Attorney to build a strong defense. There are things you can do in conjunction with the guidance of your Mesa criminal attorney, to help get your charges dismissed, reduced, evidence suppressed and get the best possible outcome in your case.

Here are just a few excerpts of from "24 things" the third DUI Defense book of the Arizona DUI Winning Defense Strategies Series by Author: James Novak, Mesa 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 Mesa, 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 Mesa DUI charge. You will need a Mesa DUI Lawyer well versed in all such matters surrounding Mesa DUI Cases, defends them on a daily basis and has extensive DUI litigation experience, and knowledge of Mesa DUI Law. Mesa 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 Mesa 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 Mesa DUI Defense will depend on these specific facts about your DUI. It is of little or no difference whether you got a Phoenix DUI, Tempe DUI, Scottsdale DUI, Gilbert DUI, Mesa DUI, Chandler DUI, misdemeanor DUI or felony DUI. The type and location of the stop is of no concern at this point for your Mesa 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 Mesa 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 Mesa. In particular the reason for the stop can be one of the most important factors in defending your case.

Don't Wait to Contact the Arizona MVD For A Hearing: In most cases the Mesa 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 question to ask when you are looking for legal representation is "With whom will I be communicating with on a regular basis?" The 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 Mesa DUI lawyer.

If you have been charged with any Mesa 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 Mesa 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).

Continue reading "MESA DUI DEFENSE" »

Gilbert DUI Attorneys

There are many defenses and challenges that an experienced Gilbert Arizona DUI attorney can consider depending on the facts of your Gilbert DUI case. The specific defense may allow for a Motion to Dismiss or a Motion to suppress certain Evidence. Also, a presentation to the prosecutor may allow for a negotiated dismissal or reduction of the charges. The following is a list of categories of defenses taken 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 Gilbert DUI convictions fall under the Arizona Criminal Laws and Statutes. The laws and penalties for a Gilbert DUI conviction are severe. But with a good DUI attorney who defends Gilbert DUI charges on a regular basis, you have the chance of possibly getting your charges dismissed or reduced. Your DUI attorney will defend your Gilbert 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. The best Gilbert DUI Attorneys know which defenses to use and how to use them in an attempt to get your charges dismissed or otherwise reduced and get the best outcome in your case.

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 " »

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).

Continue reading "Scottsdale Drug DUI " »

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).

Continue reading "SCOTTSDALE DUI DEFENSE" »

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.

Continue reading "Tempe DUI Attorneys | Tempe Defenses " »

AZ DUI Attorney can help you beat your Arizona DUI!

Arizona has some the toughest DUI laws in the United States. If you have been charged with a DUI in Arizona, you should consult an AZ DUI Defense Attorney as soon as possible. Choose a private AZ DUI Lawyer, whose AZ Law Firm is devoted to providing AZ legal representation exclusively for AZ Criminal and DUI Defense cases. An experienced Arizona DUI attorney will be extremely familiar with the ever changing AZ DUI laws, AZ Courts and protocol, AZ Judges, AZ Prosecution, and most importantly AZ DUI Defenses can be used to defend your Arizona DUI Charges. A DUI charge in Arizona can be fought and dismissed, with the right AZ defense attorney representing you. Your chances of getting a case dismissed, charges reduced, evidence suppressed or any favorable resolution, and are drastically increase when you hire a good AZ DUI Lawyer.

Below are brief examples of defenses taken from "101 DUI Defense Strategies" © Winning Arizona DUI Defense Strategies Book. This will give you a flavor of just a few defense strategies a good AZ DUI defense Attorney might use to defend you as :

ILLEGAL STOP: "NO REASONABLE SUSPICION OF TRAFFIC OFFENSE"
The United States Supreme Court has held that an officer must have reasonable suspicion of a criminal or traffic offense to stop a vehicle. If the officer did not have a reasonable suspicion, then the remedy can call for a dismissal of the DUI charges. An officer cannot legally stop a driver unless they can 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. These types of actions are seen commonly
in unimpaired drivers.

NO PROBABLE CAUSE TO MAKE THE ARREST
The burden on the Arizona 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, the case may be dismissed.

INCOMPLETE STOP BY DRIVER
In this scenario, the officer claimed that you did not come to a complete stop for a traffic signal. This alone should not be attributed to a sign of intoxication. Thousands of times a day drivers do not make a full and complete stop, intentionally or unintentionally. Also, if you have a passenger and there is a traffic video camera in the area that could oppose whom was claimed to have been seen in the picture or video.

WEAVING WITHIN THE LANE
A motion may be filed to challenge the stop if it was based on a single observation of weaving within a lane as opposed to a significant or erratic amount of weaving within your lane to justify a stop. Does the swaying of a vehicle, especially larger vehicles such SUVs, travel trailers, trucks, buses, and the like, on the road, moving a matter of inches in the lane are a reason to stop? Were there any strong wind factors? Were you avoiding an accident because another car was infringing on your lane? Weaving once without crossing any divider lane lines is not a violation of the law. Therefore, a vehicle cannot be stopped for that reason. If there are no other infractions or reasons to stop the vehicle then the stop should be held illegal

SPEEDING ALLEGATIONS -NO PROOF - OR NOT RELATED TO DUI
Some research shows no link between drunk driving and speeding. Drivers exceeding the speed limit are not more or less likely to be impaired than any other driver. Thus, speeding alone does not substantiate probable cause to suspect you of DUI. Also, the defense must produce proof of your actual speed. (Did the officer estimate your speed by observation, by pacing, or speed detection equipment?) If no evidence exists, the
issue of speeding should also be challenged.

DUI SOBRIETY CHECKPOINT STOP - POLICE DEVIATED FROM RANDOM STOP REQUIREMENT
According to (NHTSA) guidelines, the police officers should adhere strictly to the formula that was dictated in advance by the police force management or other locale managing authority, as to which vehicles will be stopped at the checkpoint. (For example: every 3rd, or 4th vehicle or some other random mathematical formula.)

DELAYS IN TRANSPORT
Did you experience a long delay in being transported to a chemical testing site?
According to (NHTSA) guidelines, the logistics of chemical testing must allow expeditious transport of suspects to a chemical testing site.

STAGGERING OR SWAYING NOT THE RESULT OF DUI
The officer will record anything and everything possible to stack the cards against you, to get a DUI conviction. You may at times be along side of a street or highway with fast moving traffic. There may be gravel on road. You may be wearing high heels. You could be recovering from a leg or foot injury which would cause a different stance or exit from vehicle. Or you many have another medical condition that causes this type of movement in your gate or walk typically. Or you are just simply nervous because of the ordeal. If you are reported to have struggled to get out of your vehicle, issues can be challenged related to restrictions in the vehicle such as a larger person exiting a smaller vehicle. Other mechanics of the vehicle could be restricting such as trying to get out of a seat-belt that has mechanical problems unlatching.

OPENED CONTAINER WAS NOT YOURS
If the car was borrowed or you have or previously had passengers in the vehicle,
the police will attempt to attribute the open container of alcohol to the driver. However, it may not be yours. You may not have even known it was there in the first place, particularly if the car did not belong to you and you were simply a permissive user of the vehicle.

BREATHING PATTERNS
Were you instructed to breathe continuously into the device for more than 10 seconds?
Breathing test machines are calibrated to test no more than a 10 second long sample. If you were required to breathe into the machine for longer than 10 seconds, your results might have indicated a higher blood alcohol level than was actual. Hyperventilating, shallow breathing, or refusal to breathe might also interfere with an accurate test result.

Download a FREE PDF abridged version of the book now. Just visit www.arizonacriminaldefenselawyer.com . There is no cost, no obligation, and no personal information is required to download the free book of "101 DUI Defense Strategies". Winning Arizona DUI Defense Strategies Book.

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, 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.

Continue reading "Contact an experienced Arizona DUI Lawyer for your Arizona DUI Charges " »

How To get Your Arizona DUI Charges Dismissed!

If you have been charged with an Arizona DUI, you have already learned that Arizona has some of the toughest DUI laws and DUI penalties in the Country. What you need now is to contact a good Arizona DUI attorney, the sooner the better. You may be feeling helpless against the prosecution at this point. But there are things you can do in conjunction with the guidance of your Arizona criminal attorney, to take control your DUI charges. It will require some actions on your part. But it will be well worth your time, if the results turn out to be a dismissal or reduction of your charges.

Here are just a few items out of "24 things" from the third DUI Defense book from the Arizona DUI Winning Defense Strategies Series by Author: James Novak, Arizona 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":

Write, Type, or Document in some form a Detailed Narrative of the Incident As You Recall It:
Your Arizona DUI Defense will depend on these specific facts about your DUI. It is of little or no difference whether you got a Phoenix DUI, Tempe DUI, Scottsdale DUI, Gilbert DUI, Mesa DUI, Chandler DUI, misdemeanor DUI or felony DUI. The type and location of the stop is of no concern at this point for your Arizona 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 Arizona 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 Arizona.

Eating and Drinking:
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. Try to remember 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. Try to recall where was the location of the stop and results of each breath or blood test.

Contact the Arizona MVD If You Want a Hearing:
In most cases the Arizona 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).

Photographs of the Location of the Stop or Arrest:
Your DUI attorney will explain that photographs of things that the police relied on as a reason for the stop may be challenged if the facts support it. Therefore, photograph anything that is related and referenced by the police such as objects that may have been hit or otherwise barriers such as other vehicles, light signals, trees. Also include mechanical items that were broken or failed such as turn signal lights, brake lights, taillights, a stop sign or traffic signal you may have been accused of disobeying, any surrounding barriers such as long branches or trees covering a sign or signal, or large utility truck or bus stopped in front of a traffic signal blocking its' view, or low branches, electrical lines that may have been covering the view of the sign or signal. Document weather conditions and landscaping such as large snow drifts blocking a sign, large hail stones slamming on to your windshield and the like. Note, a photo of the scene of the arrest and/or sobriety testing, photo or video of the terrain or landscaping, damage to a vehicle, injury to you or others may be critically important later when the actual evidence has disappeared.

Consult an Arizona DUI Lawyer as Soon as Possible:
DUI cases in Arizona are serious offenses. Even for some attorneys, they are difficult to defend due to changing laws, and the many facets involved with effectively defending a case. You need to consult an Attorney who is well versed in all such matters surrounding Arizona DUI Cases, defends them on a daily basis and has extensive DUI litigation experience. Criminal Defense & DUI Attorney must have the needed experience and education to know 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 Arizona 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.

If you have been charged with any Arizona 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 Arizona 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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Top Chandler DUI Lawyers Beat DUI Charges!

In order to make a Chandler Arizona DUI arrest, the burden of the Chandler police to have "probable cause" to make a DUI 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. If there was "no probable" for Chandler DUI arrest, the case may be dismissed. This would be accomplished by your Chandler DUI Attorney, filing the proper motion with the Chandler court on your behalf. This is just an example of a few defense strategies a good Chandler DUI Defense Attorney would use to defend your Chandler DUI, in an attempt to get your charges reduced or obtain a total dismissal of your Chandler DUI charges. These excerpts taken from "101 DUI Defense Strategies" Winning Arizona Defense Book 2010 ©:

POOR GROOMING
Did the police claim your grooming was poor?
On what basis was this opinion formulated? How does the police officer know what your typical grooming patterns or outward appearance is? What exactly did they document in the police report which constituted their opinion of "poor grooming"? If your clothing is crumpled or hair is disarray, the officer that stopped you for suspicion of DUI, would prefer to think that you must be driving drunk. Usually, they do not ask for an explanation for what in their opinion is "poor grooming". Perhaps you just finished working, helped a friend move, chased a lost pet down the street, spent a long day or night studying, playing basket ball, or struggling with something else in your life. There are hundreds of explanations for crumpled clothing, or disarray hair, which have nothing to do with impairment due to alcohol or drugs.

STAGGERING OR SWAYING
Did the police report that you were staggering or swaying at some point during the stop?
The officer will record anything and everything possible to stack the cards against you, to get a DUI conviction. You may at times be along side of a street or highway, with fast moving traffic. There may be gravel on road. You may be wearing high heels.
You could be recovering from a leg or foot injury which would cause a different stance or exit from vehicle. Or you many have another medical condition that causes this type of movement in your gate or walk typically. Or you are just simply nervous because of the ordeal. If you are reported to have struggled to get out of your vehicle, issues can be challenged related to restrictions in the vehicle such as a larger person exiting a smaller vehicle. Other mechanics of the vehicle could be restricting such as trying to get out of a seatbelt that has mechanical problems unlatching.

RATE YOURSELF
Did the police ask you to rate yourself?
The police routinely ask you to rate yourself from "0" to "10" that is "0" sober "10" extremely intoxicated. If the question was asked after you were arrested or were free from leaving, then your response may be suppressed as a violation of your right to remain silent. Do not allow self-incrimination. You have the constitutional right to remain silent. Use it!

FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED
Did the officer administer field sobriety testing in accordance with Federal Government guidelines?
According to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid evidence of intoxication. The NHTSA sets certain standards for the administration of tests that include: Walk and Turn, One Leg Stand, and the Horizontal Gaze Nystagmus test. The above tests are not to be used if the DUI suspect is elderly, obese, not healthy, injured or suffers another medical condition which would affect them adversely if the tests were done, or if the results of the test would be inaccurate due to the condition.

"If there was "no probable" for Chandler DUI arrest, the case may be dismissed."

These are just a few fundamental defense strategies your Chandler DUI Attorney may use to defend your case. There are countless defenses a good Chandler DUI Lawyer can use, based on your set of circumstances. Your chances of getting your DUI Dismissed, reduced to lesser charges (for example bringing a criminal DUI charge down to a civil traffic citation such as running a stop sign), or an other good outcome on your case increases drastically if you hire a private Chandler DUI Defense Attorney.

If you have been charged with any Chandler 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, internet crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499.

Continue reading "Chandler DUI Attorney Chandler DUI Laws and Defenses " »

Defenses Used by Top Rated Mesa DUI Lawyers
"Fight Your DUI and Win!"

If you have recently been charged with a Mesa Arizona DUI charges you have already been through a traumatic experience, and realize how serious the charges are and wonder if there is anything that can be done. The answer is YES. You can fight your DUI and win! But your first step is to hire a Mesa DUI Attorney who can fight the battle on your behalf. The Mesa Courts and Legal systems are complex. There are no short cuts to an effective defense. An attorney who defends clients on a regular basis in the Mesa Courts are well versed on the laws; familiar with the prosecution; your constitutional rights; and most importantly what defenses can be used to get the best outcome in your case. Experienced Mesa DUI attorneys get cases dismissed and charges reduced on a regular basis. Of course, they can't and should not guarantee an outcome for your Mesa DUI. In fact, if an Attorney "guarantees" you an outcome on your case, especially before you hire them...run, don't walk the other way!

Fundamentally, in Mesa Arizona 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 can call for a dismissal of the Mesa DUI charges. With that in mind, here is a brief sample of DUI defenses your Mesa DUI attorney may use to get your case dismissed, charges reduced or evidence suppressed. Excerpts below quoted from "101 DUI Defense Strategies" © Winning Arizona DUI Defense Strategies Book:

CHANGING LANES WITHOUT A SIGNAL AS A BASIS FOR A STOP
Were you stopped because you did not use your turn signal?
You should always use your turn signal at all times. 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 police and prosecution will argue that you are required to signal if there is other traffic nearby. Most Mesa DUI arrests occur late at night and very often the police car is the only vehicle even within sight distance of the driver. 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."

INCOMPLETE STOP
Were you stopped because you did not brake to a complete stop where required?
In this scenario, the officer claimed that you did not come to a complete stop for a traffic signal. This alone should not be attributed to a sign of intoxication. Thousands of times a day drivers do not make a full and complete stop, intentionally or unintentionally. Also, if you have a passenger and there is a traffic video camera in the area that could oppose whom was claimed to have been seen in the picture or video.

WEAVING WITHIN THE LANE
Were you stopped because your vehicle weaved within your driving lane?
A motion may be filed to challenge the stop if it was based on a single observation of weaving within a lane as opposed to a significant or erratic amount of weaving within your lane to justify a stop. Does the swaying of a vehicle, especially larger vehicles such SUVs, travel trailers, trucks, buses, and the like, on the road, moving a matter of inches in the lane are a reason to stop? Were there any strong wind factors? Were you avoiding an accident because another car was infringing on your lane? Weaving once without crossing any divider lane lines is not a violation of the law. Therefore, a vehicle cannot be stopped for that reason. If there are no other infractions or reasons to stop the vehicle then the stop should be held illegal.

An experience Mesa DUI Attorney knows how to use the circumstances of your case, and your constitutional rights and the laws of Arizona in your favor. If you feel you deserve a second chance, consult a Mesa DUI lawyer regarding your Mesa DUI. You can Fight your DUI charges and win!

If you have been charged with any Mesa 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.

Continue reading " Mesa DUI Attorneys" »

Arizona Criminal Attorney
If you have been arrested in Arizona for a criminal defense, try to remember that you are innocent until proven guilty in a court of law. Just because you were charge, and arrested, doesn't have to mean you will be convicted of that Arizona crime. But you must consult and hire an Arizona Criminal Defense Attorney for any chance at all of getting your Arizona Criminal Charges dismissed, reduced or other favorable outcome in your case. The Arizona court and Arizona legal system is complex; the Arizona criminal laws are strict; and the Arizona criminal penalties and sentencing is harsh; The Arizona Prosecution and the State of Arizona have the job of getting a conviction. You will need a strong and experienced Criminal Defense Attorney to defend your charges against the state and the system.

"Just because you were charge, and arrested, doesn't have to mean you will be convicted of that Arizona crime."

You should, as soon as reasonably possible consult an experienced Arizona Criminal Lawyer to make sure your rights were not, or will not be violated. If hired, they will gather and examine all evidence possible to build and mount a strong defense, and help you to understand the process from start to finish. You will not have any other legal allies in the process. The judge can only rule on effective motions, evidence produced or jury decisions. Do not expect them to give you sympathy, help, or any breaks in the process if you do not have any attorney. In fact, it just makes the prosecution's job that much easier. And all the judge has to rely on and make his decisions are the motions, and evidence produced by the Prosecution. Do not help them to incriminate you by going unrepresented by a private attorney.

Most Top Arizona Criminal Defense Lawyers Give Free Initial Consultations.

Choosing an Attorney may be one of the most important decisions you will make relating to your criminal matter. Contact at least one or two Arizona Criminal Defense Attorneys. The consultations are usually free. Don't pay for one. Repeat--don't pay for an Arizona Criminal Defense Consultation. Almost all top Arizona criminal defense firms provide FREE consultations. Speak or meet with them, make sure you are comfortable with their high level of skill, training, education and experience in Arizona criminal defense and litigation in the court room regarding the criminal charges you face.

Regarding Arizona Criminal Defense Attorney fees, get quotes. You will find that many top Arizona Attorneys, not only provide free consultations, but are affordable. And a final word of caution, paying more, does mean you will get a better Attorney. Paying less does not mean you will get less effective legal representation. You should hire the Arizona Criminal Defense Attorney you feel will be the most likely to get the best outcome in your case. Your future and your freedom at stake, choose wisely.

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, 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.

Continue reading "Arrested in Arizona " »

Make sure you get a Chance at the Best Outcome for your Scottsdale Criminal Charges

If you were arrested in Scottsdale, Arizona, you will want to consult and hire an experienced Attorney who defends their clients on a regular basis in the Scottsdale Courts. Even most top rated Scottsdale Criminal Defense Attorneys provide FREE initial consultations.

Scottsdale has long been known for being tough on crime. Criminal Offenses carry hefty penalties, fines and sentencing. You will need to hire an attorney who is familiar with Scottsdale and Arizona criminal codes, the court systems, the prosecution, the judges, and most importantly the defenses that can be used based on the circumstances of the offense for which you were charged in Scottsdale and arrested. You can easily find a top Scottsdale criminal defense attorney who provides a free consultation to those who have been arrested in Scottsdale or received criminal charges. They will let you know what laws, penalties and sentencing will apply in your case. If hired a good Scottsdale Lawyer will make sure your constitutional rights are protected through the process, gather all the evidence possible surrounding your case, and determine what the best possible defenses will be to mount against the prosecution.

Whether your case is a Scottsdale Misdemeanor, or Felony, or combination of both, can mean serious consequences. They should not be ignored or disregarded as not serious, no matter what the charges. Hiring an experienced attorney who practices often in Scottsdale can mean the difference between getting the maximum penalties for that crime, or a dismissal, reduced charges. Criminal records are easily put on your record, and very difficult to get removed. Some stay on for many years and affect you adversely in so many facets of your life. Everyone makes mistakes or errors in judgment. Anyone can be charged unjustly with a crime. You can recover from it. But you will need to hire a top Criminal Defense Attorney who can help you get the best outcome in your case. A private Scottsdale criminal lawyer will make all the difference in the outcome. Don't gamble with your future.

If you face any criminal charges in Scottsdale Mesa 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.

Continue reading "Call an Expereinced Scottsdale Criminal Attorney " »

If your are charged in Arizona with Disorderly Conduct, you will need to contact an 1580035.html">Arizona Disorderly Conduct Attorney, or Arizona Criminal Lawyer who frequently defends disorderly conduct charges.

"Disorderly conduct" or "disturbing the peace" is a common Arizona Criminal charges. It's used by police broadly to charge or arrest of any type disruptive behavior. It does not sound fair, but the truth of the matter is that the police will often charge or arrest someone for disorderly conduct, if they are irritated with you or they can't find anything else with which to charge you. It is subjective in nature, any many times overstated, making them easy to challenge by an experienced Arizona Disorderly conduct Attorney.

Common disorderly conduct charges result from loud music, disruptive parties, shouting at or arguing with another person (s) in public, or other behaviors that make others in the vicinity feel fearful, upset, or extremely discontented, due to your actions. However, the circumstances can dictate how severe the charges and penalties will be if convicted.

There are a number of circumstances that may warrant a disorderly conduct charge:
• engaging in fighting or seriously disruptive behavior
• making "unreasonable" noise
• using abusive or offensive language to try and provoke someone
• making a commotion to disrupt business
• refusing to leave an area as directed by officials (for instance: the scene of a fire or emergency)
• recklessly handling or displaying a firearm. Any of these must be done with intent to disturb the peace of a neighborhood, family, or persons.

Penalties for Disorderly Conduct in Arizona
In most situations, disorderly conduct is a class 1 misdemeanor. Class 1 misdemeanors are the highest level of misdemeanor in the State of Arizona. They carry a potential of up to 6 months in prison and fines of $2,500. But if the charges involving a firearm, it is considered a class 6 felony.

Felony disorderly conduct carries a maximum penalty of one year in prison. Such a conviction will give you a criminal record as a felon, and is something

13-2904. Disorderly conduct; classification
A. A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, such person:

1. Engages in fighting, violent or seriously disruptive behavior; or

2. Makes unreasonable noise; or

3. Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; or

4. Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession; or

5. Refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, a hazard or any other emergency; or

6. Recklessly handles, displays or discharges a deadly weapon or dangerous instrument.

B. Disorderly conduct under subsection A, paragraph 6 is a class 6 felony. Disorderly conduct under subsection A, paragraph 1, 2, 3, 4 or 5 is a class 1 misdemeanor.

If you have been charged with a disorderly conduct charge in Arizona, your best chance to fight these charges and win is to hire an Arizona Disorderly Conduct Attorney. They will gather the evidence and examine it to determine what will be the best defenses to use in your particular set of circumstances that will get you the best outcome in your case.

If you have been charged with any Tempe, Arizona Domestic Violence, Disorderly Conduct, Disturbing the Peace charges, Domestic Violence, Assault, Aggravated felony assault, 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, Arizona DUI, Tempe, Arizona Drug DUI, or any other criminal charge including theft, 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.

Continue reading "Chandler Arrest Chandler Criminal Defense Attorney " »

If you received criminal charges in Gilbert Arizona, you will need a good Gilbert Criminal Defense Attorney. Gilbert criminal offenses will be subject to sentencing provisions, and penalties of the State of Arizona Criminal Laws. Gilbert Criminal and DUI laws are some of the toughest in the country, and penalties are severe. Gilbert Crimes are subject to local municipality guidelines and subject to Criminal Offenses, Definitions, Sentencing, Fees, Fines, Imprisonment Penalties, and other penalties are outlined in and subject to in A.R.S. Title 13 - Criminal Code.

Any Gilbert crime is a serious enough crime for you to at least consult a Gilbert Arizona Criminal Defense Lawyer. A good Gilbert criminal attorney will provide you with guidance and information as the seriousness of the crime and its consequences. If a private Criminal Defense Attorney in Gilbert Arizona is hired, they can make the difference between getting the maximum penalties under the law or a dismissal of the charges completely. It is not a good idea to attempt to defend your self under any circumstances without first contacting a top Gilbert Arizona Criminal Attorney.

You will easily be able to find a Gilbert Criminal Defense Attorney who provides Free Criminal Defense Consultations. Most Criminal Defense Lawyers provide free initial consultations. You have nothing to lose by contacting a private criminal defense attorney, but everything to lose if you don't. Make sure you hire a Gilbert Arizona criminal lawyer who practices is the Gilbert Courts frequently, is familiar with the laws, and defenses that can be used in your favor. A top Gilbert criminal defense attorney will make sure your constitutional rights have not been violated; will fight for your freedom and future; and make every effort to get your charges dismissed, or reduce; and in the least the best possible outcome in your case.

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

Continue reading "Gilbert Arizona Criminal Charges Gilbert Criminal Attorney" »

Defend your Mesa Criminal Charges by hiring a top Mesa Criminal Lawyer

If you face a Mesa, Arizona criminal charge, Mesa Arizona Laws are will be subject to the sentencing provisions, and penalties of the State of Arizona Criminal Laws. These criminal and DUI laws are some of the strictest in the nation, and the penalties are considered extremely harsh. You will need to consult a good Criminal charge attorney, Criminal law Attorney or Criminal defense, or DUI Lawyer as soon as possible. Arizona Offenses, Definitions, Sentencing, Fees, Fines, Imprisonment Penalties, and other penalties are subject to A.R.S. Title 13 - Criminal Code. Mesa Arizona is touch on crime. In addition to their many volunteer and public programs, their law enforcement agencies are aggressive: Here are just a few brief facts about Mesa Arizona Police Agencies:

• Mesa Arizona Police Department - Approximately 1,168 officers and a total of 5 stations (one main, and four substations). This does not include volunteers or paid officers in managerial positions. (The total population of Mesa Arizona is approximately 460,000).

• Mesa Police Dept Forensic Services - Their tasks include but are not limited to examination and analysis of DNA and Serology, controlled substances, toxicology for urine drug screening, and blood alcohol content, firearms tool mark, fingerprinting, crime scene investigations. In addition, they provide extended training and technical assistance for police field DUI and drug testing and training programs.

• Mesa PD also has a traffic section which consists of about 80% paid sworn officers and 20% civilian employees. A large part of their traffic section includes Motorcycle Officers, Reconstruction Officers, and Hit and Run Detectives, and among other personnel those responsible for vehicle impounds

• Mesa PD often works in conjunction with other main city and county structured task forces including scheduled Arizona DUI sobriety checkpoint stops and other structured criminal task force operations.

If charged with any criminal offense in Mesa Arizona, be sure you contact a Mesa Criminal Defense Attorney who knows Mesa Arizona Laws, and Mesa Arizona Penalties; is familiar with Mesa Arizona Courts and practices there regularly; understands all the facets of Mesa Arizona criminal defense and is able to build a strong criminal defense on your behalf based on your particular set of charges. A good Mesa criminal defense attorney will make sure your constitutional rights are protected, determine if the criminal charges are justified, and make every effort to get your case dismissed, return lesser charges, or in the least get the best outcome possible on our case.

If you have been charged with any Mesa 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.

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PHOENIX DUI ATTORNEYS - Why you need an experienced Phoenix DUI Lawyer to Defend You

Arizona DUI laws are some of the toughest in the entire country, as are the DUI penalties. The chances of getting any type of favorable outcome on your DUI case, are drastically reduces without the legal representation of a private Arizona Criminal Defense DUI Attorney. You need an Arizona DUI defense attorney who defends AZ DUI and criminal charges exclusively. Even the most basic DUI "impaired to the slightest degree", first offense punishments are harsh. Extreme DUI, repeat offense DUI, and other aggravated felony DUI charges and penalties are life alternating. Penalties include incarceration in jail or prison, exorbitant fines, fees, court ordered interlock ignition devices to be put in your vehicle at your expense, and more.

By the time you get charged or arrested for DUI, the police have already made up their minds. Your plea to explain your side of the story is mute in the eyes of Arizona law. At that point, you need to exercise your constitutional right to remain silent. Otherwise, you are simply hurting your case further. You should remain calm, and do not resist arrest. If questioned further, following your Miranda Rights that have been read to you, advise respectfully, that you wish to remain silent, and request to consult or retain an Arizona DUI Attorney in your defense.

It's a cold hard fact, that at this point, you'll be put in the court system and your file will be attached a court reference number. A mug shot and a case number are all you are in the eyes of the State of Arizona and the Prosecution. Arizona is serious about cracking down on DUI and Drug DUI. There is a lot to lose if you are convicted including your job, driver's license, family, finances, future and freedom. The Prosecution does not care who you are, what you do, or how your family or job will be affected by any of it. All they are out for is to a conviction. That's what they get paid for. And they will work closely, with the police to get it. They will not look over every detail of your case to evaluate it to determine if the charges are justified, or to determine if your constitutional rights were violated in anyway. That is not their job. They are not going to try to find a way to defend you, make things any easier, or try to get your case dismissed. They prosecute and convict. If you are looking for the Judge to be in your corner, don't count on it. The Judge can not intervene until a motion is filed or your sign a plea agreement or take the matter to trial. "Telling" your side of the story to the Judge will not have favorable effect on your situation. 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 an acquittal or not-guilty verdict without a good Arizona Criminal Defense or DUI Attorney are slim to none. The system is complicated. It is a maze of laws, protocol, people and odds against you. You have a choice. You need a strong ally. You need an Arizona Criminal and DUI Defense Attorney to build a strong defense for your case.

You made a mistake, an error in judgment. You did not intend to break the law. You may not have even realized it, at the time. Do you deserve to have your entire life ruined? A good Arizona DUI defense attorney feels you deserve a second chance. And now it's time for you to let them do their job. You have a constitutional right to retain a DUI Attorney. Use it. By hiring the right Arizona defense attorney, you have everything to gain, and nothing to lose. In the eyes of the prosecution, you are already guilty, and could be subject to the maximum penalties. It makes their job much easier to get a maximum conviction without an Attorney. By hiring a good Arizona DUI Attorney, you regain control of your life, and your DUI charges. Your Phoenix DUI Attorney can immediately begin building and mounting a strong defense on your behalf. It's your second chance.

Your Arizona DUI lawyer should be someone you can call for answers to questions, to defend you, to protect your constitutional rights, to fight to get evidence suppressed, charges reduced or labor to get your case ultimately dismissed.

Continue reading "PHOENIX DUI ARREST " »

When a DUI Becomes a Felony DUI
Arizona has the some of the toughest DUI laws and penalties in the country. Even the most basic misdemeanor Arizona DUI carries harsh penalties. But the penalties in Arizona are so extreme in aggravated DUI charge, that it can be catastrophic to your life, family, job, future and freedom. Aggravated DUI Felony Penalties are designed to punish repeat offenders, and those who may be endangering a child, if they are drunk driving in Arizona with a child under 15 in the vehicle.

The main difference in the penalty from a Misdemeanors DUI conviction and an Aggravated Felony DUI conviction is the incarceration time which can be much longer. An Aggravated DUI Felony conviction penalty may include a more lengthy incarceration and can be either in jail or prison rather than a shorter jail sentence than that of a Misdemeanor DUI. The second main penalty distinction is the exorbitant fines and license revocation for three years. This is a very serious matter, and one that should not be taken on, without an experienced Phoenix DUI Lawyer to defend you. If you are charge an Aggravated DUI Felony, make sure you hire an attorney who defends these types of Arizona DUI charges on a daily basis, is well versed in the law, court systems in the jurisdiction for which you were charged, and is extremely knowledgeable in defense strategies. Your Arizona DUI defense attorney should exhaust all avenues to attempt to get your cased dismissed. If this is not possible, they will make every attempt to get the charges lowered to a Misdemeanor DUI.

EXAMPLES OF AGGRAVATED DUI - FELONY

An Aggravated Felony DUI charge is the result from the following factors:
• 3rd DUI offense in 7 years
• DUI while driver's license is revoked, restricted or suspended
• DUI arrest when there is a child under the age of 15 years old is in the vehicle

Aggravated Felony DUI Penalties:
Subject to 4 months in Jail or Prison. (If record is clean with no prior felony convictions.)
Up to $150,000 plus 80% surcharge
$1500 prison assessment
$250 abatement fee
Evaluation Costs
Drug or Alcohol Treatment & Counseling Costs
Probation Fees
Driver License revoked for 3 years
Court ordered Ignition Interlock Device at defendant's expense

Some people tend to "give up" when charged with an Aggravated DUI Felony and feel that their live is over. Thousands of people just like you have received aggravated Felony DUI charges, including from doctors, attorneys, teachers, school principals, nurses, airline pilots, politicians, professors, engineers, singers, sports players, celebrities, ministers (it's true), sons, daughters, moms, dads, grandmothers, grandfathers, you name it. Anyone can get a DUI, Drug DUI or a Medication DUI in Arizona especially with such strict Arizona Laws. It does not mean your life is over. It does not mean you are a criminal. It simply means you are human, and all humans make mistakes, error in judgment, and go through tough times. But the worst mistake you can make after being charged, and arrested for an Aggravated Felony DUI is to do nothing. It is extremely important that you consult an experienced and proven Aggravated Felony DUI defense attorney to defend you. It will be one of the most important decisions you will make in a lifetime.

Continue reading "ARIZONA DUI LAWYER Felony Aggravated DUI Law and Penalties " »

The State of Arizona has some of the DUI laws in the country this includes the misdemeanor Arizona DUI penalties. An Arizona Misdemeanor DUI is considered a crime in Arizona. It is important to hire an experienced Arizona criminal defense attorney that defends charges of Arizona DUI on a daily basis, if you have been charged with any type of DUI. Attempting to defend your self against the state for any type of DUI is dangerous. Hiring a experienced Defense Attorney can mean the difference of getting the maximum sentence allowable by the strict laws in Arizona or getting or charges dismissed, a not-guilty verdict, or getting the charges brought down to a lower level. Below are examples of basic DUI sentencing charges, fines fees, and penalties:

Arizona Misdemeanor DUI Criminal Offenses can include the following charges:
• Impaired to the Slightest Degree
• Driving With a BAC Over 0.08%
• Driving With a BAC Over 0.15%
• Driving With Drugs in Your System
• DUI in a Commercial Vehicle
• Underage DUI

Arizona Misdemeanor DUI Criminal Offense Fines Fees and Penalties can Include the following:

1st Arizona DUI Charge Conviction (non-extreme)
1 day in jail
$250 fine + 80% surcharge
$500 prison assessment
$500 DPS
Jail Costs
Evaluation Costs
Treatment Costs
Probation Fees
90 day Driver License suspension
Ignition Interlock Device

2nd Arizona DUI Charge Conviction (non-extreme)
30 days in jail
$250 fine + 80% surcharge
$1250 prison assessment
$250 abatement fee
Jail Costs
Evaluation Costs
Treatment Costs
Probation Fees
Driver License revoked for 1 year
Ignition Interlock Device

1st Arizona Extreme DUI Conviction
30 days in jail
$250 fine + 80% surcharge
$1000 prison assessment
$1000 DPS
$250 abatement fee
Jail Costs
Evaluation Costs
Treatment Costs
Probation Fees
90 day Driver License suspension
Ignition Interlock Device

2nd Arizona Extreme DUI Conviction
120 days in jail
$250 fine + 80% surcharge
$1250 prison assessment
$1250 DPS
$250 abatement fee
Jail Costs
Evaluation Costs
Treatment Costs
Probation Fees
Driver License revoked for 1 year
Ignition Interlock Device

Juveniles Convicted of DUI (Someone under the age of 18 First Offense
Two year license suspension
$100 to $500 fine plus surcharges (court fees)
Court ordered substance abuse counseling (paid for by juvenile offender)
Community Service hours

Juveniles Convicted of DUI (Someone under the age of 18) Second Offense
30 days detention
Two year license suspension
$100 to $500 fine plus surcharges (court fees)
Court ordered substance abuse counseling (paid for by juvenile offender)
Community Service hours.

NOTE: The above Chart Does NOT include the following for which penalties; incarceration, fines fees and penalties are much harsher: Felony Aggravated DUI, Repeat Aggravated Felony DUI, First or Second DUI convictions if the DUI Defendant's license was restricted or revoked, First or Repeat DUI convictions if the Defendant charged was driving with a child in the vehicle.

Continue reading "Arizona DUI Penalties Laws Attorneys " »

Arizona State 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. It makes no difference if the drug is legally prescribed medication by a licensed physician (A.R.S. 28-1381 3.B.) or an illegal dangerous drug (A.R.S. 28-13813.B, A.R.S. 13-3401). If the drug causes "impairment to the slightest degree" in your driving, and you are stopped by an Arizona Police Officer, you may be subject to questioning and possible drug testing for Arizona DUI. If you receive an Arizona DUI charge, you should consult an Arizona Criminal Defense Attorney, or Arizona DUI Lawyer. These are considered Arizona criminal charges; even if it is a first time offense. If your driving is altered due to the drug, any Drug, you could be subject to a DUI charge. Below are portions of the Arizona DUI drug laws:

Arizona Revised Statutes
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...."
(Cited in Part: Arizona State Website azleg.state.az.us/ars/28/01381)

If you are taking a prescribed drug or available over the counter drug, for pain, be it for headache, dental, muscle-skeletal pain, insomnia, anxiety, or a host of other causes, you may be taking a drug that can alter your ability to drive. The last thing most people think about when they are taking a legally prescribed drug, or something they just purchased from the grocery or drug store for their symptoms, is the possibility of getting a DUI on the way home or to their destination. Unknowingly, and innocently, you could be committing a criminal offense in State of Arizona.The best advice that ban be offered is simple:

• Think twice before getting behind the wheel after taking any drug
• Read Labels on the drug container
• Ask Your Doctor if you can safely drive while using the drug.
• Ask Your Pharmacist for a drug consultation when you pick it up.
• If you still are not sure, it's better to be safe than sorry. Don't Drive.

Continue reading "Arizona Drug DUI Attorney DUI with MEDICATION" »

You need to consult a Chandler DUI Lawyer if you face Chandler DUI Charges
Chandler residents and drivers beware if you are driving impaired in Chandler Arizona due to alcohol or Drug DUI. Like most cities in Arizona, Chandler Police are tough on Chandler DUI drivers. The Chandler Police Department Traffic Division, includes a Motor Team currently has 1 sergeant and 6 motor officers assigned solely to search for and arrest potentially impaired Chandler DUI drivers. One of their main objectives, as a team is to reduce the number of Chandler DUI drivers on the roads Chandler Police Department also has a Forensic Science Laboratory where the analysis of dangerous drugs and narcotics are performed. This laboratory also performs blood analysis in the investigations of alcohol-related crimes, including driving under the influence. If you are charged with a Chandler Arizona DUI or Drug DUI, it is crucial that you consult a Chandler DUI Defense Attorney as soon as possible regarding a defense.

If you are charged with a Chandler DUI or Drug DUI, you will be held to the DUI laws and criminal code under the Arizona Laws. The Arizona DUI laws are some of the strictest in the country. The consequences of am Arizona DUI are greater than many people realize. Even if you avoid jail and pay a reduced fine, the cost in increased insurance premiums alone means your DUI conviction stays with you for years to come. Chandler Police Department and Law Enforcement Officials are tough on crime and Chandler DUI arrests and convictions. Even the most basic Chandler DUI charge first time Misdemeanor conviction carries incarceration jail time with it, including fines, fees, and other penalties. You will need to hire an experienced Chandler DUI Attorney, who defends Chandler DUI and drug DUI charges. Without a private defense and legal representation the chances of getting your Chandler DUI charges dismissed, charges reduced, or getting any type of favorable outcome of your case are drastically reduced.

A good Chandler DUI Defense Attorney will make sure your constitutional rights have not been violated, obtain and examine all evidence and depending on those circumstances, and then mount a strong defense on your behalf. Every case is different and holds a separate set of circumstances. So it is important that you contact an experienced Chandler Arizona DUI Defense Attorney as early as possible, so they can begin working on your case immediately, fight for a dismissal, reduced charges and the best outcome possible.

Continue reading "A CHANDLER DUI LAWYER CAN MAKE A DIFFERENCE" »

Why you need a Gilbert AZ DUI Attorney if you have been charged with a DUI in Gilbert, Arizona

In 2009, the City of Gilbert stopped well over 30,000 drivers for suspicion of Gilbert DUI charges either at scheduled Holiday Gilbert Arizona DUI Sobriety Checkpoints, DUI Task Forces, DUI Road Blocks, or DUI Independent stops. There were 2,221 Gilbert DUI arrests which resulted from these DUI stops. Many of those however, were not convicted of the DUI or Drug DUI for which they were charged. Many hired private DUI Attorneys who practiced in Gilbert Arizona to defend their Gilbert Arizona DUI case, and were able to get their case dismissed or significantly reduced charges and penalties due to a violation of constitutional rights, not enough alcohol or drugs in their system, or other defense mechanism that was used by an experienced Gilbert DUI Attorney. If you have been charged or arrested for a DUI in Gilbert Arizona, you should consult a Gilbert, Arizona DUI defense attorney as soon as possible. Your chances of getting a dismissal or reduction in charges after getting a DUI or Drug DUI in Gilbert Arizona, without the help of Gilbert AZ DUI lawyer, are slim to none. Gilbert Arizona is extremely tough on DUI charges and DUI penalties. You will need a strong defense, one that a good Gilbert AZ DUI lawyer can provide. In Gilbert, Arizona you are will be subject to the strict DUI laws and punishments of the State of Arizona DUI laws. Many stops are for Misdemeanors, which are more basic DUI charges. However, even a Gilbert Misdemeanor DUI penalty includes incarceration in jail, fines, fees, and other adverse consequences.

One of the Gilbert Traffic Unit's major priorities is DUI enforcement. Through grants, the Governor's Office of Highway Safety has provided the Traffic Unit with a Gilbert DUI enforcement van, an unmarked enforcement vehicle to combat aggressive driving, Chevrolet utility truck to store and transport reconstruction equipment, window tint meters, laser guns, preliminary breath testing devices, and overtime funds for neighborhood traffic enforcement, occupant protection enforcement, DUI enforcement and funds to certify officers in phlebotomy for DUI processing. They currently have currently have a day and night time DUI team totaling 10 motorcycle officers, three collision investigators, two sergeants and a lieutenant. Many motorcycle officers have additional training and are certified in Drug Recognition which includes additional training for dealing with persons impaired by drugs or alcohol and Phlebotomy - training with taking blood samples for DUI evidence and DNA testing. (cited in part from Gilbert Arizona website: gilbert.az.us/police/traffic.cfm)

Gilbert Arizona has a long standing reputation for being tough on DUI and Drug DUI charges. The city takes it very seriously. Gilbert DUI laws are strict and punishments harsh. It is dangerous to try to defend your Gilbert AZ DUI charges without an Attorney. If you are stopped and charged you should hire a Gilbert AZ DUI Lawyer who defends all kinds of DUI and Drug DUI charges regularly for Gilbert Arizona DUI arrests. Make sure your Gilbert DUI Lawyer is an experienced litigator; understands the laws, including all the newest and changing laws; breath and blood testing issues, and most importantly, is familiar with defense strategies and methods that can be used in your defense for Gilbert DUI or Drug DUI Charges. Hiring such a good private Gilbert, Arizona DUI lawyer or not, can make the difference between a conviction or a dismissal, or a bad outcome and a great outcome. The sooner you make this decision, the easier it will be for your Gilbert Arizona DUI Defense Attorney to build and mount a defense on your behalf against the Gilbert DUI Prosecution.

Continue reading "Gilbert DUI Lawyers Know Your Gilbert DUI Defenses " »

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.

Continue reading "What Scottsdale DUI Attorneys Do To Help You Beat Your DUI! " »

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.

Continue reading "Scottsdale DUI Lawyers ׀ Scottsdale DUI Attorneys use Scottsdale DUI Laws to Defend Your Case " »

You will need the defense of an experienced Tempe Criminal Lawyer if you've been charged with a crime in Tempe, Arizona.

In 2009 the total crimes reported in Tempe, Arizona was 9,974. The crimes recorded included but were not limited to violent crimes including sexual assault, and homicide, robbery, assault, aggravated assault, burglary, larceny, auto theft and arson. These statistics were based on "The Crime Index", composed of selected offenses used to gauge fluctuations in the overall volume and rate of crime reported to law enforcement. (Cited from Tempe Website http://www.tempe.gov/cau/defpage.htm). Note these statistics constitute "crimes reported". These figures do not include how many of these offenses were justified or unfounded. In fact, many of the offenses may have been dismissed, reduced to lesser charges, found to be unjustified, or a better outcome resolved by experienced Tempe Criminal Defense Attorneys doing their jobs.

Tempe is tough on crime, and the penalties are strict. Tempe criminal offenses, sentencing, fines, fees and penalties are subject to the State Laws of Arizona. If you are charged with a crime in Tempe Arizona, you should consult a Tempe Criminal Defense or Tempe DUI defense Attorney, someone who defends Tempe Criminal Charges regularly. The State and Prosecution are committed to getting convictions. It is not their job to defend you, determine if charges unjustified, or if your constitutional rights have been violated.

The State and Prosecution work closely with the police to build their case against you, not to find a way to make your life easier or get your charges dismissed. You can not rely on them to give you answers or any help with your case. This includes the residing judges. There is nothing a judge can do to help you, without the appropriate time of the hearings, response to motions filed by your Defense Attorney, or sentencing based on plea or jury verdicts during the appropriate legal processes and protocol. Basically, your first and last line of defense, if you want to fight your charges is that of an experienced Tempe Criminal Defense Attorney. Your criminal lawyer will file a notice to the court of their representation of you, Notice of your Defenses, and enter a plea of "not-guilty" on your behalf. Remember, you are innocent until proven guilty in a court of law. Just because you were charge with a Tempe Crime, does not make you guilty of that crime. Then they will gather and examine the evidence, build a defense case, and mount a defense based on your particular set of circumstances. Appropriate motions will be filed in your defense if necessary. Your defense attorney should be available to answer all of your questions and walk you through all of the processes, and explain what they are doing to defend your Tempe DUI charges.

Depending on the nature of the charges, whether it is a Misdemeanor or Felony, and facts in your case, your Tempe Criminal Defense Attorney will attempt to first get the charges dismissed, or reduced. In the least, all efforts should be exhausted to make sure your constitutional rights are protected and insure the best possible outcome in your Tempe Criminal Case. Defending your rights, freedom and future is 100% their job, the job of a Tempe Criminal Defense Attorney.

Continue reading "Why you should consult a Tempe Criminal Defense Attorney" »

10 Ways an Arizona DUI Attorney can help you beat Your DUI!

Arizona has some the toughest DUI task forces and DUI laws in the country. If you face DUI charges in Arizona, you should contact an Arizona DUI Defense Attorney as soon as possible. Choose a private Arizona DUI Attorney who exclusively handles Criminal Defense and DUI cases. An experienced Arizona DUI attorney will be extremely familiar with the ever changing Arizona DUI laws, Arizona Courts, Judges, Prosecution, and most importantly Arizona DUI Defenses can be used to defend your Arizona DUI Charges. A DUI charge can be fought and dismissed. Just because you have been charged doesn't mean you will be convicted. But your chances of getting it dismissed, charges reduced, evidence suppressed, or any favorable outcome are drastically reduced unless you hire a good Arizona DUI Lawyer.

"Just because you have been charged with an Arizona DUI doesn't mean you will be convicted."

Below is a sample of 10 defenses taken from "101 DUI Defense Strategies" © Winning Arizona DUI Defense Strategies Book to give you an idea of a few defense strategies a good Arizona DUI defense Attorney may use to defend your case:

"101 DUI Defense Strategies" © Winning Arizona DUI Defense Strategies Book Author: James Novak

POOR SOBRIETY TESTS BASED ON LOCATION WHERE THE POLICE OFFICER CONDUCTED THE TESTS:
Were your sobriety tests conducted with climate, environment, or landscaping disadvantage to you?
Most of the time these exercises occur on the side of the road at the location the vehicle was stopped. The roadside could be uneven and covered by debris. The climate conditions could cause inability to perform the tests well. Were you doing the tests a surface on a hill, or a surface that contained mud, rocks, melting tar or oil, ice, snow drifts or other rough or other unsmooth or level surface? NHTSA requires that the Walk and Turn & the One Leg Stand be performed on a smooth, level surface.

THE HORIZONTAL GAZE NYSTAGMUS (HGN) IS NOT A SCIENTIFICALLY VALID TEST UNDER ROADSIDE CONDITIONS:
Did the officer report that you failed or did poorly on the HGN test?
This is the "follow the pen with your eyes test" actually has a very complicated name- the Horizontal Gaze Nystagmus ("HGN") test. Many people do not understand what the police officer is actually looking for when he/she performs this test. Some people think they just need to follow the pen. This test, however, purportedly measures the involuntary jerking of the eye when a person is impaired by alcohol. When medical doctors conduct this test they do so in an areas with good lighting, employing medical equipment that holds the patient's head still and clearly lists the angles. The officer, for one test, must determine whether he detects the onset of nystagmus prior to 45%. It is almost impossible without be accurate on the angle. The test can be challenged as invalid under almost all roadside and lighting conditions.

BREATH TEST OPERATOR UNLICENSED
Did the breath test operator possess a valid, unexpired operator's license?
If not, the DUI breath test result is inadmissible.

FAILURE TO KEEP MAINTENANCE RECORDS FOR THE INTOXILYZER 8000 BREATH MACHINE
Was Breathalyzer Machine used properly and timely maintained?
Breathalyzer Machine Units require routine maintenance checks. If the maintenance records do not reflect that it has been serviced regularly, or records do not exist, this evidence may be suppressed. The records must be kept to include maintenance, timing and history of routine maintenance, malfunction or defects. If these records were not updated, documented, and properly maintained, regardless of the whether or not the machine had no defects, the evidence can be suppressed. Without proper records to support its maintenance, or even support of lack of defects, there is no proof that the unit was working properly at the time of use.

IMPROPER PRESERVATION OF THE BLOOD SAMPLE
Was your blood sample preserved properly?
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.

BLOOD KIT
Was the blood kit and contents in the kit, within the expiration date period? Was it properly sealed, packed, inspected, and maintained at the required temperature? When the police take your blood they usually do so using a pre-packed blood kit. However, safekeeping and inspection of the kits must be routinely performed to ensure that tubes have not expired, are sealed properly and are kept in an appropriate place that is not temperature extreme like the trunk of the car in the summer heat of Arizona.

IMPROPER TEST TIMING, PROTOCOL, PRESEVERATON OR TRANPORT OF URINE SAMPLE
Was your urine sample properly tested?
The urine taken for drug testing must also be properly tested according to required testing procedures and protocol, for timing, specimen handling, transport, labeling, and preservation, including the containers for which the urine specimen is stored.

OFFICER NO LONGER EMPLOYED
Was the arresting police officer fired, resigned from the police force, deceased, or otherwise unable to testify against you at trial?
If so, the prosecution would not have this specific officer to give testimony at trial, which is crucial to the prosecution's case.

RISING BAC
Was your blood drawn within three hours of consuming your last alcoholic beverage?
It can take up to three hours for alcohol to be absorbed in your blood stream. If the blood draw was outside of the three hour window, the results of the BAC may be challenged as invalid.

DENIAL OF RIGHT TO OBTAIN EXCULPATORY EVIDENCE
Were you denied the right to obtain evidence in your defense?
Every defendant accused of a criminal offense has the constitutional right to independently seek evidence that may help their defense. 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 have been violated. Most police officers routinely maintain a second blood sample for the defense to test. However, to be on the safe side, it is a good practice for the defendant to also request a second sample be retained for defense. If the police fail to preserve a sample for defense testing, whether you asked or not, a motion for dismissal may be in order.

(You can download a FREE PDF abridged version of the book www.arizonacriminaldefenselawyer.com at no cost, and no obligation. No personal information is required. )

Continue reading "Arizona DUI Lawyer | Arizona DUI Defenses " »

How a Gilbert DUI Lawyer Can Help You Beat Your Gilbert DUI

"101 DUI Defense Strategies" © Winning Arizona DUI Defense Strategies Book Author: James Novak

http://www.arizonacriminaldefenselawyer.com/

Gilbert Arizona has some the toughest DUI task forces and DUI laws in the country. If you have been charged with a Gilbert DUI, you should hire a DUI Defense Attorney who is defends clients regularly in the Gilbert DUI Courts. Choose a private Arizona DUI Attorney who exclusively handles Criminal Defense and DUI cases. Make sure they are extremely familiar with Gilbert DUI Laws, Gilbert court system, Gilbert prosecution, Gilbert judges, and most importantly what DUI Defenses can be used to beat a DUI case.

Below is just a few examples taken from "101 DUI Defense Strategies" © Winning Arizona DUI Defense Strategies Book to give you an idea of a few defense strategies a Gilbert DUI Lawyer may use:

NON-STANDARDIZED FIELD TESTS ARE INVALID
Did the police request that you do testing that is not recognized as standard and valid?
The Federal Government (NHTSA), Medical Science, or any DUI Testing Governing authorities, do not consider touching your finger to your nose, or saying the alphabet, or counting backwards, as valid sobriety tests.

TEST LOCATION & LANDSCAPE
Were the Field Sobriety Tests (FST) given on a flat surface away from the rush of passing traffic?
If the FST was conducted on a slope, uneven surface, on rocky or unusual terrain, or in the presence of heavy traffic; or if you were wearing constricting shoes or high heels; there is a good chance to argue that the FST had been improperly given due to the landscaping conditions or your restrictive apparel and results can not be relied on.

FAILURE TO DETERMINE IF THE ACCUSED IS AN APPROPRIATE CANDIDATE FOR THESE ROADSIDE EXERCISES
Did the Police properly screen you for criteria that would determine if you were
eligible according to the set guidelines to participate in the tests?
If the defendant is 50 or more pounds overweight, over 60 years old, or has physical impairments that affect their ability to balance, he or she is not an appropriate candidate for these exercises. The NHTSA manual explicitly states that anyone falling in these categories should not even be given these tests.

THE HORIZONTAL GAZE NYSTAGMUS (HGN) IS NOT A SCIENTIFICALLY VALID TEST UNDER ROADSIDE CONDITIONS
Did the officer report that you failed or did poorly on the HGN test?
This is the "follow the pen with your eyes test" actually has a very complicated name- the Horizontal Gaze Nystagmus ("HGN") test. Many people do not understand what the police officer is actually looking for when he/she performs this test. Some people think they just need to follow the pen. This test, however, purportedly measures the involuntary jerking of the eye when a person is impaired by alcohol. When medical doctors conduct this test they do so in an areas with good lighting, employing medical equipment that holds the patient's head still and clearly lists the angles. The officer, for one test, must determine whether he detects the onset of Nystagmus prior to 45%. It is almost impossible without be accurate on the angle. The test can be challenged as invalid under almost all roadside and lighting conditions.

PORTABLE BREATH TEST INADMISSIBLE
Did the police charge you with a DUI based upon the results of a Portable Breath Test Unit?
Arizona does not allow the results of the Portable Breath Test (PBT) to be used against you as a form of admissible piece of evidence. The PBT is not maintained or calibrated and not considered reliable evidence. It is generally intended for use as a preliminary test, used only in conjunction with other DUI tests or admissible breathalyzer unit testing. If your DUI charges were based strictly on the results of the portable breath test unit, the evidence can be suppressed with regard to those results.

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.

POLICE BLOOD TEST INACCURATE
Was blood testing protocol and procedures followed to draw, test, analysis, and preservation followed?
Many times blood testing fails to follow prescribed rules of testing, analysis, or preservation recommendations. Blood evidence can often be challenged, suppressed, in the event of any such deviation or violations of proper handling.

Your Gilbert DUI Attorney will pull from their arsenal of experience, and training to find the most effective defenses to help you get the best outcome in your Gilbert DUI case. In the least you should seek a free consultation from a Gilbert DUI Attorney. You have nothing to lose, and everything to gain.

Continue reading "Gilbert DUI Attorney | Gilbert DUI Defenses " »

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.

Continue reading "Tempe DUI Defenses | Tempe DUI Attorney" »

"Just because you were charged with a Phoenix DUI doesn't mean you will be convicted"

Successful Defenses Used By Top Phoenix Attorneys to Beat DUI Charges

If you face Phoenix DUI charges you must read on: You already realize how serious the situation is, and how important it is to consult an experienced Phoenix DUI Attorney. But you want to know what they can do for you. The question rolls through your mind "How they can help me?" Phoenix DUI defenses should not be a secret. But be cautious...knowing about a defense and executing that defense through proper motions and the legal process are entirely two different things. Your Attorney will exercise your defenses, with the proper motions, at the proper time, through the proper legal channels with the court in an attempt to get your charges dismissed or evidence suppressed in your favor.

Top Phoenix DUI Lawyers use an arsenal of defenses available to them in accordance with the law and your constitutional rights. In addition, to helping you through the maze of the court and legal processes, a good Phoenix DUI defense attorney, who defends clients for Phoenix DUI charges on a regular basis, knows and understands how to use the laws and your state and federal constitutional rights to defend your case. Many times these defense strategies are successful. On a daily basis, they get cases dismissed, charges reduced and in the least, much better outcomes that defendant could possibly get on their own. Below are examples of two common Arizona DUI defenses:

ILLEGAL STOP OF PERSON OR VEHICLE
Did a police officer illegally stop you?
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 can call for a dismissal of the Phoenix DUI charges. An officer cannot legally stop a driver unless they can 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. These types of actions are seen commonly in unimpaired drivers.

THE OFFICER DID NOT HAVE PROBABLE CAUSE TO MAKE THE ARREST
Was there probable cause to arrest you?
The burden on the Arizona 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 a Phoenix 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, the case may be dismissed.

This is just a "tip of the iceberg" so to speak of the wealth of defenses a good Phoenix DUI Attorney can use to defend your case depending on the unique circumstances of your case. Hiring a private Phoenix DUI Attorney or an attorney who defends their client's cases in the Phoenix DUI courts can make the difference between a dismissal of your case, or getting a conviction with the maximum penalties under the Arizona Law which are severe. Just because you were charged with a Phoenix DUI doesn't mean you will be convicted. With the right Phoenix DUI defense attorney, the charge is only the beginning. You simply need to want to fight your charges and win, and chose a good attorney to defend your case. Choosing the best Arizona DUI attorney for you is one of the most important decisions you will ever make.

Continue reading "Phoenix DUI Defenses | Phoenix DUI Lawyer " »

If you've been charged with a Mesa DUI, contact a Mesa DUI lawyer

If you have been arrested for a Mesa, Arizona DUI, it is crucial that you consult a Mesa Arizona DUI defense attorney. Without a Mesa AZ DUI lawyer, you will be facing an uphill battle for your Arizona DUI arrest and charges. You will need a strong defense, one that a top Mesa Criminal Defense or Mesa AZ DUI lawyer can provide. In Mesa, Arizona you will be subject to the strict penalties of the State of Arizona DUI laws. Whether you are stopped at a Mesa DUI sobriety checkpoint where hundreds or possibly thousands of people are stopped during or short time span, or an independent Mesa DUI, makes no difference in penalties. The charges, Misdemeanors v. a Felony depend upon how much alcohol, drugs or other substances which caused driving impairment was found in your system; if your receive repeat offense charges; if you are under the age of 21 when you are charged with the DUI; or if you are an adult driving impaired with a minor under the age of 15 in your vehicle while driving in Mesa, Arizona.

In Mesa, Arizona it is illegal to operate a motor vehicle 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 (A.R.S. §28-1381(A) (1)) or "impaired to the slightest degree" (Requires Ignition Interlock Device) ordered by the court, at your expense. This includes driving a vehicle you have alcohol concentration of 0.08 or more 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. (A.R.S. §28-1381(A) (2)) or "DUI" (Requires Ignition Interlock Device) ordered by the court, at your expense. Note it has been a controversial issue over the years. But recent 2010 Arizona dui case law dictates that it is illegal to be impaired in the least "impaired to the slightest degree", even if you have the "the potential to be in physical control of the vehicle". Circumstances will be examined on their own merits. But it makes for an even more strict law for Mesa, Arizona DUI drivers who may be driving impaired under the influence of drugs or alcohol.

It is also unlawful for you to drive impaired in Mesa Arizona or be in actual physical control of a vehicle if you have 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: 0.15 or more but less than 0.20. (A.R.S. §28-1382(A)(1) or "Extreme DUI" (Requires Ignition Interlock Device) and 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: 0.20 or more. (A.R.S. §28-1382(A) (2)) or "Super Extreme DUI" (Requires Ignition Interlock Device) at your expense.

The Mesa Arizona DUI laws are strict and punishments harsh. It is dangerous to try to defend your Mesa AZ DUI charges without an Attorney. You should hire a Mesa AZ DUI Lawyer who defends all kinds of DUI and Drug DUI charges regularly in Mesa, Arizona; one who is an experienced litigator; understands the laws, including all the newest and changing laws; and most importantly, is familiar with defense strategies and methods that can be used in your defense. Hiring such a good private Mesa, Arizona DUI lawyer or not, can make the difference between a conviction or a dismissal, or a bad outcome and a great outcome. The sooner you make this decision, the easier it will be for your Mesa Arizona DUI Defense Attorney to build and mount a defense on your behalf against the Mesa Arizona Prosecution.

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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.

Continue reading "Why You Need Tempe DUI ATTORNEY" »

You'll need an Arizona DUI Defense Attorney if you have been charged with any type of DUI in Arizona

The Arizona Governors' office released statistics earlier this year which cited that Sixteen Arizona DUI task forces initiated more than 14,000 Arizona DUI arrests last year (2009). Nearly 1,000.00 of those were .15% or higher, Blood Alcohol Content (BAC) which is considered extreme DUI under Arizona state law. This was approximately 4,000.00 more than the previous year (2008). The State of Arizona considers a DUI a "violent crime" (according to one of Arizona's, website azgohs.gov/transportation-safety.) The penalties for convictions are severe for even the most basic Arizona DUI charge. Arizona DUI penalties include mandatory jail or prison, large fines, fees, loss of drivers license, in some cases vehicle impound, and installation of mandatory ignition interlock devices at your. If you face an Arizona DUI charge, it is crucial that you contact an experienced Arizona DUI Attorney as soon as possible. The chances of getting your case dismissed, charges reduced, or any other favorable outcome for your AZ DUI charges are drastically increased, if you have a good Arizona DUI Lawyer.

Note, of the 14,000 Arizona arrests last year, many of those were not convicted of the DUI or Drug DUI for which they were charged. Many hired private Phoenix DUI Attorneys or a private DUI Attorney who practices often in Phoenix Arizona to defend their Phoenix Arizona DUI case. And many of those defendants were able to get their case dismissed or significantly reduced charges and penalties, due to a violation of constitutional rights, not enough alcohol or drugs in their system, or other defense mechanism that was used by their top Phoenix DUI Defense Lawyer.

As a result however, of the increased number of Arizona DUI arrests, changes were and continue to be made to make the Phoenix Arizona DUI laws more strict and penalties en harsher. Particular focus is being directed at repeat offenders. The increased numbers in the DUI Arrests fueled efforts of Arizona State Legislature, Governor's Office, DPS, Highway Safety, and Law Enforcement Agencies, and County Prosecution Offices including Maricopa County cities of Phoenix, Mesa, Tempe, Chandler, Scottsdale, and Gilbert, Arizona, to reduce DUI and DWI numbers by increasing law enforcement presence, Arizona DUI penalties, and Arizona DUI convictions. Hundreds of thousands of dollars were granted by the Office of the Arizona Governor, and earmarked in use for Arizona DUI taskforces, Arizona DUI sobriety checkpoints, and AZ DUI roadblocks through out the State in 2010. These operations have been well underway the first half of this year across the State of Arizona.

It does not matter who you are, what you do, where you are going or why you are driving impaired due to alcohol, drugs or other toxic substances. If you are charged for a DUI in Arizona you will face an Arizona DUI charge, arrest, booking number, and mug shot.

The State of Arizona and County Prosecution are serious about stopping drivers impaired by alcohol or drugs. They are out for the conviction and are working closely with the police to get you convicted. A judge can't even help you. Their hands are tied, without proper legal defense, motions, evidence, and legal authority through the court processes via legal representation from your Arizona DUI Defense Attorney. It makes the prosecution's job easy to convict you with the maximum penalties when you do not hire a private Arizona DUI Defense Attorney. An Arizona DUI charge involves complicated processes, court procedures, and challenges. To defend an Arizona DUI defense requires knowledge, training and experience in fighting the prosecution; understanding court protocol and procedures; constantly changing laws, penalties, alcohol and drug toxicology testing; and application of defense strategies to suit your set of circumstances. For these reasons, it is extremely important that you contact a good Arizona Criminal Defense or Arizona DUI Attorney as soon as possible to defend your case who is experienced and competent in all of these areas.

Be sure you either hire an Arizona DUI Attorney well before that court date which appears on your citation. This will give your Arizona DUI Lawyer ample time to file appropriate motions with the court to vacate that hearing date, file your notice of "not-guilty" on your behalf, notice of your defenses, and notice of his or her legal representation in defense of your matter. The sooner you retain, an Arizona DUI Defense Lawyer the better, so they can begin gathering and examining evidence needed to build a strong defense which you will need to defend the Arizona DUI charges. You have everything to lose to try to fight on your own. And everything to gain, by hiring a good Arizona DUI Defense Attorney to fight to get a dismissal, reduced charges or in the least the best possible outcome for you, in your Arizona DUI case.

Continue reading "An Experienced Arizona DUI Lawyer Knows How to Defend Your DUI" »

Why you need a Phoenix Arizona DUI Attorney

Phoenix, Arizona DUI laws are some of the toughest in the entire country, as are the Phoenix DUI penalties. The chances of getting a favorable outcome for your Phoenix DUI charges are slim to none, without the legal representation of a private Phoenix Criminal Defense DUI Attorney. You need Phoenix DUI defense attorney who defends Arizona DUI and criminal charges exclusively. Even the most basic Phoenix DUI "impaired to the slightest degree", first offense punishments are harsh. Phoenix Extreme DUI, Phoenix repeat offense DUI, and other Phoenix aggravated felony DUI, and drug DUI charges and penalties are life alternating. Phoenix Arizona DUI Penalties include incarceration in jail or prison, exorbitant fines, fees, court ordered interlock ignition devices to be put in your vehicle at your expense, and more.

By the time you get charged or arrested for a Phoenix DUI, the police have already made up their minds. Your plea to "explain your side of the story" is mute in the eyes of Arizona law, and Phoenix prosecution. At that point, you need to exercise your constitutional right to remain silent. Otherwise, you are simply hurting your case further. You should remain calm, and do not resist arrest. If questioned further, following your Miranda Rights being read to you, advise respectfully, that you wish to remain silent, and request to speak with your Phoenix DUI Attorney.

At this point, your file will be attached a court reference number, and a mug shot. And that is all you are in the eyes of the State of Arizona and the Prosecution. Sound cold? It's a fact. Phoenix Arizona is serious about cracking down on DUI and Drug DUI. There is a lot to lose if you are convicted including your job, driver's license, family, finances, future and freedom. The Prosecution does not care who you are, what you do, or how your family or job will be affected by any of it. All they want is to a conviction. That's what they get paid for. And they will work closely, with the police to get it. They will not examine details of your case, evaluate it to determine if the charges are justified, or to determine if your constitutional rights were violated in anyway. That is not their job. They are not going to try to find a way to defend you, find flaws in their case, or make things any easier. And they certainly will not try to get your case dismissed. They prosecute and convict. If you are looking for the Judge to be in your corner, don't count on it. The Judge can not intervene until a motion is filed or your sign a plea agreement or take the matter to trial. "Telling" your side of the story to the Judge will not have favorable effect on your situation. The Judge does not have authority to dismiss the case until a proper Legal defense challenge is made on your behalf by your Phoenix Arizona Defense Attorney, or the jury returns a Not-Guilty Verdict on all charges. The system is complicated. It is a maze of laws, protocol, people and odds against you. You have a choice. You need a strong ally. You need an experienced Phoenix Criminal and DUI Defense Attorney to build a strong defense for your case.

You made a mistake, an error in judgment. You did not intend to break the law. You may not have even realized it, at the time. Do you deserve to have your entire life ruined? A good Phoenix DUI defense attorney feels you deserve a second chance. And now it's time for you to let them do their job. You have a constitutional right to retain a Phoenix DUI Attorney. Use it. Retain an experienced Phoenix Arizona Defense Lawyer. You have everything to gain, and nothing to lose. In the eyes of the prosecution, you are already guilty, and could be subject to the maximum penalties. It makes their job much easier to get a maximum conviction without an Attorney. By hiring a good Phoenix DUI Attorney, you regain control of your life, and your Phoenix DUI charges. Your Phoenix DUI Attorney can immediately begin building and mounting a strong defense on your behalf. It's your second chance. Your Phoenix DUI lawyer should be someone you can call for answers to questions, to defend you, to protect your constitutional rights, to fight to get evidence suppressed, charges reduced or labor to get your case ultimately dismissed.

Continue reading "PHOENIX DUI LAWYER " »

Phoenix Probation Violation Attorney

A probation violation is a serious offense in Arizona. Those placed on Arizona probation that fail to follow the terms of the probation as ordered by the court may face time in jail, or even prison depending if the original or new criminal charge was a misdemeanor or a felony. Your future freedom is at stake. You don't want to go to jail. Your probation violation may be easily explained. However, it is crucial that you consult a Phoenix Criminal Defense Attorney as soon as possible if you are charged with a probation violation.

It is important to understand that when you are facing a Phoenix probation violation charge you understand the seriousness of the potential of a new possibly harsher sentence. It does not matter that the original Arizona criminal conviction was weak or you did not commit the crime. If you originally were convicted, sentenced you were placed on probation with certain things to complete. If you failed to complete those items then there was a violation of the terms of probation.

Additionally, the burden of proof on the prosecutor is not beyond a reasonable doubt as it was with the original criminal charge, but simply a preponderance of evidence, which is a much lower standard. Basically, the new question of law and sentencing becomes "did you complete the terms of probation or not?"

Arizona Probation Violation
A probation violation can occur anytime a person violates the terms of probation as ordered by the judge. These terms set rules of things to do or not to do and must be followed throughout the length of the probation sentence. Depending on the type of probation you were placed on, there are various types of probation violations, such as:

• Committing a new crime
• Missing a drug test, testing positive or diluted
• Drinking if your probation specified no alcohol
• Speaking with a person you were ordered not to contact
• Failing to complete counseling for any reason
• Getting behind on court fines, fees, restitution or community service
• Removing any security monitoring device
• Failing to check in with the judge or probation officer
• Failing to appear in court at a schedule date and time
• Failing to pay court fees or fines
• Failing to comply with a court order

Continue reading "PROBATION VIOLATION" »

State Court Arizona - Criminal Law

What to expect at an Arizona Evidentiary Hearing

An Evidentiary Hearing can be requested by your Arizona DUI Attorney on your behalf. In this event your Arizona DUI Defense Attorney will ask that the State suppress some or all evidence against you. This may be warranted in situations if your constitutional rights were violated, if police protocol, DUI or drug testing procedures were mishandled or if any other evidence surrounding your case warrants suppression of the evidence.

Your Arizona Criminal Defense attorney will file motions to the court requesting to suppress or dismiss a portion of all evidence, if the circumstances warrant in addition to requesting an Evidentiary Hearing. This usually occurs after the first pre-trial conference. The Judge then rules on written legal arguments filed by your Arizona Criminal Attorney, if appropriate. The hearing can consist of testimony from witnesses and oral arguments from your or Arizona DUI Lawyer as well as the State's Attorney.

"Arizona Revised Statutes §13-4238 Evidentiary hearing:

A. The defendant is entitled to a hearing to determine issues of material fact, with the right to be present and to subpoena witnesses. If facilities are available, the court may, in its discretion, order the hearing to be held at the place of confinement, giving at least fifteen days' notice to the officer in charge of the confinement facility. A verbatim record of the hearing shall be made.

B. The rules of evidence applicable in criminal proceedings shall apply, except that the defendant may be called to testify at the hearing.

C. The defendant has the burden of proving the allegations of fact by a preponderance of the evidence. If a constitutional defect is proven, the state has the burden of proving that the defect was harmless beyond a reasonable doubt.

D. The court shall rule within ten days after the hearing ends. If the court finds in favor of the defendant, it shall enter an appropriate order with respect to the conviction, sentence or detention, any further proceedings, including a new trial and conditions of release, and other matters that may be necessary and proper. The court shall make specific findings of fact and state expressly its conclusions of law relating to each issue presented."

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Arizona Marijuana, Drug, Prescription Medication, Drunk Drivers, Impaired, and Unimpaired Drivers Beware

10 Survival Tips - Arizona DUI Sobriety Checkpoints

Phoenix DUI Lawyer

It's prime time for Arizona DUI sobriety checkpoints and Arizona DUI roadblocks. Even unimpaired Arizona drivers are subject to Arizona DUI Roadblocks and AZ DUI Sobriety Checkpoints. But do you want to take that chance even if you are not impaired? In Arizona, the police will be stopping vehicles according to a random mathematical formula decided in advance by police force management or other local jurisdictional authority to stop drivers and find Phoenix DUI or Phoenix drug DUI drivers. If you find yourself stopped at an Arizona DUI sobriety checkpoint, you will be asked to produce your driver's license and registration. The police are trained to look for cues of drivers suspected of Arizona DUI or Arizona Drug DUI. They will watch to see if you are fumbling to find the documents, observe if you are displaying nervousness or suspect behavior, as would a person drunk driving or impaired by a drug or medication. They may ask you to step out of your vehicle or pull you out of the line of traffic to investigate further. They may decide to have DUI drug testing done for Drug DUI or a breath test for DUI with alcohol. You should know that an Arizona DUI or Drug DUI received at an Maricopa County Arizona DUI checkpoint is just as severe as an Arizona DUI or Arizona Drug DUI charge given at an independent stop. The punishments if convicted are just as harsh and Arizona some of the most severe DUI penalties in the country. Therefore, you have received an Arizona DUI or Arizona Drug DUI you should consult a Phoenix Arizona DUI Lawyer, or Arizona Criminal Defense Attorney as soon as possible regarding your defense.

Here three of twelve guidelines adopted by Arizona, and offered by the National Highway Traffic and Safety Administration (NHTSA), regarding DUI checkpoint stops. These three guidelines can work to a driver's advantage to help them avoid, Arizona Drug DUI or Arizona DUI at an Arizona DUI checkpoint completely:
• The public should be aggressively informed of sobriety checkpoints with ample warning so drivers can avoid them completely.
• Police presence should be obvious when approaching a checkpoint.
• Drivers should be sufficiently warned of an upcoming checkpoint

Here are some tips to prepare for a 2010 Arizona DUI sobriety checkpoints:

1. The best way to avoid being stopped at a Phoenix, Tempe, Mesa, Gilbert, Scottsdale, Chandler or other City in Maricopa County Arizona DUI checkpoint is to find out in advance where the planned Arizona DUI roadblocks will be. Some resources to obtain notice include your local newspaper, radio, TV and the internet. Many AZ DUI checkpoint announcements are posted on local state, county, city, and government websites. Posting on social networks such as Twitter.com, has become increasingly popular. Others are using Text Messaging, iPhones, Smart Phones, and other technological resources to keep each other informed.

2. If you will be driving, know in advance, know exactly where your license and registration are located and make sure they are accessible.

3. Try to stay calm (easier said than done).

4. Do not joke around with the police or passengers in the vehicle with you. In fact, it would be a good idea to alert the passengers that you are approaching a Phoenix DUI Sobriety checkpoint; and that you would appreciate their silence and respect through the process. It's your future and freedom at stake, (unless they are or have been drinking under the age of 21.) Recognize that the police officer is just doing his or her job. Be polite, courteous and respectful.

5. Do not complain about being stopped at the Arizona DUI Checkpoint.

6. Produce your license and registration as requested timely and without question.

7. Do not offer information as to where you are going or where you have been.

8. Do not offer information about having had any alcohol or drugs recently or in the past.

9. Do not offer information about any medical conditions you may have, drug, or medications you have taken or have in your possession. That may encourage them to embark on a Drug DUI and may cue them to suspect you of a drug DUI.

10. Do not allow passengers to have or carry opened alcoholic beverage containers in your vehicle. Let them know your rules in advance of leaving for your destination. Simply explain that you do not wish to transport opened alcohol containers, drugs, or drug paraphernalia in your vehicle. It's not easy to say to a friend, especially in light of peer pressure. But it's your responsibility as the driver to enforce your rules. Ultimately it is your responsibility. You will be the one stopped by the police. You will be the one first investigated and most likely held responsible, and charged with DUI, Drug DUI, Drug or drug paraphernalia use or possession.

Continue reading "2010 - Arizona DUI Checkpoints" »

What to Expect at a Pre-trial Conference (PTC)

Criminal Law- Arizona Criminal Defense Attorneys

At aPre-trial Conference, your Arizona Criminal Defense Attorney will discuss your case with the prosecution. During the Pre-trial Conference he or she will attempt to negotiate the best possible plea bargain for your Arizona DUI or Arizona Criminal Defense Case. The Pre-trial Conference usually takes place about 6 weeks after your arraignment. The date is agreed upon by your AZ Criminal Defense Attorney and the Arizona Court's calendar. There are typically 2-3 pre-trial hearings.

If a plea bargain is offered and outlined, your attorney should discuss the deal with you and explain the consequences, the benefits or drawbacks of the plea bargain. A plea bargain may also be referred to as "plea negotiations". They may include bargaining for such outcomes:

(1) Alternative available to the prosecution such as certain alcohol, drug diversion,
or participation in anger management programs
(2) A reduction in the severity of the charges or sentencing
(3) Dismissal of some or all of the charges pending against the defendant
(4) Sentencing alternatives such as probation, home arrest, or other less severe
alternatives in an effort to avoid incarceration

Note, at the Pre-trial Conference, witnesses do not attend, and no testimony is taken. You are not required to discuss the facts of your case with the Prosecutor. Since anything you say to them could be used against you in further proceedings, it is best not to discuss you case at all. That is why it is extremely important that you consult and retain an experienced Arizona criminal defense attorney or Arizona DUI Lawyer. If it is acceptable and you agree, a trial is avoided. However, if a trial date is set, that does not necessarily mean there will be a trial. Your Arizona Criminal Attorney should continue to work your case, investigate, and examine the evidence, along with other options toward getting you the best outcome of your case before your set trial date. In most cases it is best to make every effort to avoid trial due to the labor intensive cost of a trial, but most of all because of the uncertainties of involved in jury decisions. You want to avoid
the possibility of a worse outcome from a jury verdict if possible.

Continue reading "Arizona Pre-trial Conference - PTC" »

Criminal Law - Arizona Criminal Defense

Your Arizona arraignment is the date will appear on your ticket, and is usually set about 30 to 60 days after your criminal offense or DUI arrest. If you have an Arizona Criminal Defense Attorney, and are not on bond, you do not have to appear. A Good Arizona DUI Attorney or DUI Lawyer will take care of the first court date, so that you do not have to appear. The purpose of the arraignment is to mainly advise you of your rights, and give you the opportunity to respond your attorney will be able to give you that information and provide a response on your behalf to the court. If you do not have an attorney, you must appear at the arraignment. If you do have an attorney, confirm with your attorney that you will not be required to attend. In most all cases, your Phoenix DUI Lawyer or Arizona Criminal Defense Attorney will submit on your behalf a "not guilty" response, notice of defenses, and notice of their legal representation on of your case.

There are three possible responses to an Arraignment:

1. Guilty Plea**
2. Not Guilty Plea
3. No Contest plea** - In short, it means you do not refute the charges, but also you do not claim guilt for the charges. Specifically, a plea of "No Contest", (also known as "Nolo Contendere,") simply means that you do not wish to contest the State's charge (s) against you. It is important to know, however, that according to Arizona State Laws, upon a plea of "No Contest", the Judge will enter a judgment of guilty. If you enter a plea of "Guilty"** or "No Contest"**, you may still be sentenced immediately following the Judge's acceptance of your plea.

In Arizona, if you or your Arizona Criminal Defense Attorney does not enter a plea on your behalf, then a plea of "not guilty" will be entered for you by the court. If you do not have an attorney, you must be at the arraignment. If you are out-of-custody, you must show up in person and on time. If you fail to show up or have an attorney file the appropriate response a warrant will be issued for your arrest. You will receive a copy of the indictment. Remember, "not guilty" is an appropriate plea and response since you since you have a constitutionally right remain silent and to a presumption of innocence and it is the State's responsibility to prove you are guilty.

Procedurally, when a plea of "not guilty: is entered, you or your Arizona Criminal Defense Criminal Attorney will get a "pretrial conference date" which will be outlined in greater detail in a near future article.

Continue reading " Arizona Arraignment - What is an Arraignment? " »

Arizona DUI Attorney - DUI License Suspension - What to Expect

The MVD hearing is separate from your AZ DUI criminal charge. The Arizona Motor Vehicle Department will take administrative action against your driver's license and/or privilege to drive apart from the criminal prosecution for driving under the influence of alcohol. It is imperative that you consult an experienced Arizona DUI attorney regarding your AZ MVD hearing and be well prepared for your MVD hearing:

• If you "refused" testing or provided blood, breath or urine samples showing an alcohol concentration of .08 or higher, the police issue a pink and a yellow copy of the "Administrative Per Se/Implied Consent Affidavit," which explains you have only 15 days from the date the notice of suspension is served to request an MVD hearing. It is important that you do not miss this deadline.
• A.R.S. § 28-1385(C). A timely request for a hearing postpones the suspension until a hearing is held. A.R.S. § 28-1385(H). If you fail to timely request an MVD hearing, the AZ MVD will automatically suspend your driver's license for a period of 90 days if you submitted to the test and registered .08% BAC or higher.
• If you fail to timely request an AZ MVD hearing the AZ MVD will automatically suspend your driver's license for a an entire year for a "refusal". This applies if you previously refused the DUI testing at that time of the stop by the police officer; and or a warrant had to be issued by the judge allowing the police to proceed with testing.
• At MVD hearings related to a DUI arrests, the officer is subpoenaed to testify and present evidence against you. You are entitled to be represented by counsel and your legal representative is entitled to present evidence and dispute the charges and the officer's order of license suspension. Even if all officers appear, testify and prove their case against you your license will not be suspended immediately after the hearing. If the Administrative Law Judge upholds the suspension of your license, then the suspension will usually begin 20 days from the date of the Order.
• The arresting officer, as well as the person who administered the tests should be present at an MVD hearing. These proceedings are recorded and can be used later at a criminal trial. The MVD hearing is primarily used by the MVD to determining certain facts surrounding your DUI charge and how a breath, blood, or urine test was administered. The prosecutor will not be present. Your MVD hearing provides your DUI defense attorney to question the police officers without the prosecution being present. A good DUI Defense Attorney will examine and question their practices, mistakes or failure to follow protocol. If the case goes to trial, this evidence can be used against the prosecution or to suppress evidence.
• Even if the MVD does not suspend your license during your hearing, they can suspend your license if you plead to, or are found guilty of, the DUI criminal matter itself later.

Continue reading "DMV - AZ MVD" »

Arizona Criminal Defense Attorney - Arizona Arrest

"Maricopa County is the 4th largest county in the nation with an estimated population of over 3.8 million occupants." It is important that you consider hiring an Arizona Criminal Defense Lawyer, if you have been charged with a crime in Maricopa County. This differs from other, mainly smaller Counties in the State or other States which may have fewer staff, or less resource with which to prosecute crimes. With that in mind, another County may choose not to prosecute offenses related to particular crime or set of crimes for that reason alone. But that is not the case in Maricopa County. Here is some information regarding the prosecuting office in Maricopa County should you find yourself facing criminal charges here.

"The Maricopa County Attorneys Office prosecutes over 40,000 cases a year, with 900 employees and 6 offices throughout the valley, making it one of the top prosecution offices in the country. Needless to say, they have become very proficient at it. This is one of the reasons that if you have been charged with a crime in Arizona, it is critical that you hire a top experienced Arizona Criminal Attorney to defend your case. It has 10 specialized divisions or bureaus. The highest volume bureaus for prosecution include the following four categories:

• Gang Bureau: Prosecutes cases involving criminal street gang members...
• ROP Bureau (Repeat Offender Program): Targets chronic repeat offenders for prosecution...
• Vehicular Bureau: Also a high volume bureau responsible for the prosecution of cases involving vehicular homicide, aggravated assault, leaving the scene of fatal/serious injury collisions and aggravated driving under the influence cases...
• Drug Enforcement Bureau: The final high volume bureau, focuses on handling major drug prosecutions, including the manufacture, transfer, sale or possession for sale of illegal drugs..."

(Quoted in part from Author: Maricopa County Attorney's Office Website crimefreeaz.com.)

Continue reading "CRIMINAL DEFENSE - PROSECUTION " »

Phoenix DUI Attorney

After being charged with a Phoenix, Arizona DUI, fear of the unknown is traumatic. You need answers to the question of "What happens next? The first thing you need to do is to contact an Arizona Criminal Defense Lawyer experienced in defending Arizona DUI charges. A good Arizona DUI lawyer will make sure the DUI and all events have the least impact on you and your life as possible; exhaust all measures to lowering the charges and sentencing; and press for a complete dismissal of the matter, depending on the circumstances of your case.

The following will shed some light on the "General" order of processes that follow if they apply to your situation:

1. Motor Vehicle Hearing: To preserve your right to drive in Arizona, you must request a hearing within 15 days after your license has been taken from you by an officer or within the time set by Motor Vehicle in a suspension letter. If you had a valid license when you were stopped, you may qualify for a temporary license to drive until the hearing. You will be mailed a notice of the hearing about three weeks after your request. You can plan on at least 30-45 days of driving. If you lose at the hearing, you can not drive after the hearing. Crucial defenses can be developed at the hearing. Also ask your attorney of the consequences of requesting the hearing verses stipulating to the suspension. You are trying to minimize any and all impact on your life due to this DUI charge. Including the need for an SR 22 insurance policy.

2. Arraignment: This is the date on your ticket, about 30 to 60 days after your DUI arrest. If you have an attorney and are not on bond, you do not have to appear. A Good Arizona Attorney will take care of the first court date, so that you do not have to appear. The purpose of the arraignment is to mainly advise you of your rights. Your attorney will be able to give you that information. If you do not have an attorney, you must appear at the arraignment. If you do have an attorney confirm, whether or not you will be required to attend.

3. Pre-trial Conference: Your attorney will discuss your case, with the prosecution and attempt to negotiate the best possible plea bargain. It will happen about 6 weeks after arraignment. The date is agreed upon by the Court and your attorney's calendar. There are typically 2-3 pre-trial hearings.

4. Suppression or Evidentiary Hearing: A good Arizona DUI Attorney may be able to request the State to suppress some or all evidence against you, if your constitutional rights have been violated, or if any circumstances surrounding your case warrant suppression of the evidence. Your attorney will also file motions to the court requesting to suppress or dismiss a portion of all evidence, if the circumstances warrant. This usually occurs after the first pre-trial conference.

5. Trial: If your Attorney and the Prosecution are unable to agree upon an acceptable sentencing, plea bargain or dismissal of your case, you have the right to request a trial. Trial must be held within six months after plea.

6. Sentencing: The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentencing and DUI convictions can include incarceration, driver's license suspension, fees, fines and/or counseling, and required use of an ignition interlock device in your vehicle.

DUI charges in Arizona are not something you want to defend on your own, without an Arizona DUI Defense Attorney. Arizona has some of the toughest DUI laws, in the country. Trying to defend your own Arizona DUI charges in absence of retaining a Phoenix Arizona DUI Attorney is very dangerous. Hiring an experienced DUI Attorney will make all the difference in the outcome of your case

Continue reading "AFTER PHOENIX ARIZONA DUI ARREST - ARIZONA DUI LAWS" »

Phoenix DUI - AZ DUI Laws

In Phoenix Arizona, did you know you can get an Arizona DUI without being drunk, or having had any alcohol at all? It's true. You can get a DUI if you are "impaired to the slightest degree" due to being under the influence of medication, prescription drugs. Arizona DUI charges with medication, are taken can be just as seriously by the State as a DUI with alcohol, that is with harsh punishments. If charged with a DUI linked to medication you should consult an Arizona DUI Lawyer as soon as possible regarding your case.

According to recent news agencies (source Arizona Department of Public Safety Laboratory ) report Arizona arrests + 377% surged in 2009 over from 2001 due to DUIs linked to legally prescribed medications such as anti-depressants (Valium and Xanax) and benzodiazepine (psychoactive drugs, such as those used to treat muscle pain, anxiety or insomnia). Arrests can occur even if you are driving impaired due to an over the counter accessible medication. If the law enforcement officers stop you, and suspect you of driving impaired, in absence of alcohol use you will be subjected to a toxicology testing based on blood draw or urine sample. If the results are positive, you will later be charged with a DUI. The severities of the DUI charges will be based on how much of the substance (s) was or were found in your bodily system based on toxicology results.

It can easily happen to anyone, anytime, anywhere. So if you have taken any medications that may impair your ability to drive safely, you are better off getting a ride to your destination from family friend, taxi or other source who is not impaired. Leave the keys; you and everyone else will have piece of mind and be a lot safer on the road.

Continue reading "DUI with Medication - Arizona DUI Criminal Defense" »

For a AZ DUI conviction of a an Arizona DUI offense pursuant to A.R.S. § 28-1381 or extreme DUI offense pursuant to A.R.S. § 28-1382 the term of probation is up to five years and for a conviction of an aggravated DUI offense pursuant to A.R.S. § 28-1383, up to 10 years. A.R.S. §13-902(B).

If you are placed on Arizona probation for your AZ DUI as part of your sentence, you are expected to complete all your terms of probation. Doing any of the following may cause you to be in breach of your probation: committing a new crime, failing a drug/alcohol urine test, failing to keep appointments with probation officer, and possessing a firearm. If you are convicted of a felony DUI and violate probation you could be held non-bondable pending your probation violation hearing.

Under Arizona General Crimes: Unless terminated sooner, the term of probation for a class 2 felony is up to seven years; class 3 felony, up to five years; class 4 felony, up to four years; class 5 or 6 felony, up to three years; class 1 misdemeanor, up to three years; class 2 misdemeanor, up to two years; and class 3 misdemeanor, up to one year.

13-902. Periods of probation; monitoring; fees
A. Unless terminated sooner, probation may continue for the following periods:
1. For a class 2 felony, seven years.
2. For a class 3 felony, five years.
3. For a class 4 felony, four years.
4. For a class 5 or 6 felony, three years.
5. For a class 1 misdemeanor, three years.
6. For a class 2 misdemeanor, two years.
7. For a class 3 misdemeanor, one year.

B. Notwithstanding subsection A of this section, unless terminated sooner, probation may continue for the following periods:
1. For a violation of section 28-1381 or 28-1382, five years.
2. For a violation of section 28-1383, ten years.

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.
2. If the person has an alcohol concentration of 0.08 or more 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.
3. While there is any drug defined in section 13-3401 or its metabolite in the person's body.
4. If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license as defined in section 28-3001 and the person has an alcohol concentration of 0.04 or more.

28-1382. Driving or actual physical control while under the extreme influence of intoxicating liquor; trial by jury; sentencing; classification
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.
2. 0.20 or more.

28-1383. Aggravated driving or actual physical control while under the influence; violation; classification; definition
A. A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person does any of the following:
1. Commits a violation of section 28-1381, section 28-1382 or this section while the person's driver license or privilege to drive is suspended, canceled, revoked or refused or while a restriction is placed on the person's driver license or privilege to drive as a result of violating section 28-1381 or 28-1382 or under section 28-1385.
2. Within a period of eighty-four months commits a third or subsequent violation of section 28-1381, section 28-1382 or this section or is convicted of a violation of section 28-1381, section 28-1382 or this section and has previously been convicted of any combination of convictions of section 28-1381, section 28-1382 or this section or acts in another jurisdiction that if committed in this state would be a violation of section 28-1381, section 28-1382 or this section.
3. While a person under fifteen years of age is in the vehicle, commits a violation of either:
(a) Section 28-1381.
(b) Section 28-1382.
4. While the person is ordered by the court or required pursuant to section 28-3319 by the department to equip any motor vehicle the person operates with a certified ignition interlock device, does either of the following:
(a) While under arrest refuses to submit to any test chosen by a law enforcement officer pursuant to section 28-1321, subsection A.
(b) Commits a violation of section 28-1381, section 28-1382 or this section.

Continue reading "Arizona Probation - Arizona Aggravated DUI Convictions" »

Upon getting an Arizona DUI conviction some DUI penalties are mandatory by Arizona DUI Laws. In those cases an experienced DUI defense attorney will attempt to negotiate with the prosecution or the judge for alternatives to incarceration in county jail.

The following may be available under certain circumstances in some Arizona courts:

Home Arrest or Home Detention: This involves wearing an electronic ankle bracelet while under house arrest. It is not available in most courts.

Work Release: This involves authorization to leave jail to go to work or school in certain instances. If available, in most cases you usually must serve the first 48 hours in jail then released for five consecutive days for 12 hours in and 12 hours out, and then repeat the schedule.

Work Furlough: This also allows you to keep your job and go to work during the day. However, this program is much more restrictive than work release.

City Jail: This allows you to serve your time in the jail associated with the city you received you DUI. City jails are less crowded, cleaner and safer. This is usually less traumatic than serving a jail sentence in county jail or "tent city."

Not all of these options are available in every situation. Many factors influence your ability to negotiate an alternative location to serve your AZ DUI jail sentence. So if you are charged with a DUI you want to retain the best Arizona DUI lawyer you can find to get you the best outcome possible on your case.

Continue reading "Arizona DUI Penalties - Jail " »

A Phoenix Arizona DUI arrest can be a frightening and traumatic experience. Any Arizona DUI conviction will require a jail sentence, fines, counseling, and ignition interlock device. It is a serious offense. If charged with an Arizona DUI, you should contact an experienced Arizona DUI Lawyer as soon as possible.

Most people do not want their family, friends, or work to find out about it. They wish to put their AZ DUI arrest in the pas, and keep it as low key as possible. An Arizona DUI offense should not give cause for public humiliation. In the end, for many their DUI was simply lapse in judgment. The fact is that an Arizona DUI arrest can happen to anyone, any time, even to those who don't drink alcohol. For example, maybe you took a common over the counter cold medicine. And perhaps unknown to you it contained a small amount of alcohol or narcotic ingredient which you to be "impairment to the slightest degree" while driving. Does that make you a criminal? Do you deserve to be publicly humiliated, and embarrassed? Many people think not.

However, Maricopa County, Arizona officials do not see it that way, and feel otherwise. One of the new Web-Sites it operates actually posts the names, mug shots and blood alcohol content levels of people who have been arrested for Arizona DUI. The current County Attorney, Andrew Tomas openly states the following:

"People convicted of DUI will now have their photographs posted on this web site. If these offenders feel embarrassed or ashamed to be identified this way, that's tough. They should have thought of that before endangering other people by driving an automobile - a potential deadly weapon - on our roadways while under the influence of alcohol or drugs."

Currently, there are at least two websites that publish Arizona DUI mug shots. These Arizona websites are not without controversy. Currently they continue to run without opposition. Perhaps down the road new officials will reconsider if this practice. For now this campaign continues to run.

Continue reading "Arizona DUI Mug Shots" »

The statute of limitations for Arizona DUI does not preclude the State from prosecuting an individual just because "X number of years" has passed since the date of the alleged offense. If you have a question as to whether or not this applies to you, be sure you consult an experienced Arizona DUI Attorney.

The Arizona statute of limitations simply requires the State to file a formal charging instrument against the defendant within a certain time period. In Arizona, the statute is one year for all misdemeanors, at least seven years for felonies, sometimes more.

Therefore, if you are an out-of-state resident and received DUI Arizona arrest you must not ignore it. Many people are visiting Arizona and charged with crimes, including DUI - DWI. If you ignore it because you are in another State it could still catch-up with you down the road. The statute of limitations is "tolled". That is, it stops running until they find you.

If the charge is an Arizona Felony DUI you could be arrested and extradited back to the Arizona. If it is an Arizona misdemeanor DUI a hold can be placed on your license until you resolve the Arizona criminal charge. It may not impact you for years to come. However, you will find it may impact your employment, insurance and your right to drive.

13-107. Time limitations
A. A prosecution for any homicide, any offense that is listed in chapter 14 or 35.1 of this title and that is a class 2 felony, any violent sexual assault pursuant to section 13-1423, any violation of section 13-2308.01, any misuse of public monies or a felony involving falsification of public records or any attempt to commit an offense listed in this subsection may be commenced at any time.
B. Except as otherwise provided in this section, prosecutions for other offenses must be commenced within the following periods after actual discovery by the state or the political subdivision having jurisdiction of the offense or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs:
1. For a class 2 through a class 6 felony, seven years.
2. For a misdemeanor, one year.
3. For a petty offense, six months.
C. For the purposes of subsection B of this section, a prosecution is commenced when an indictment, information or complaint is filed.
D. The period of limitation does not run during any time when the accused is absent from the state or has no reasonably ascertainable place of abode within the state.
E. The period of limitation does not run for a serious offense as defined in section 13-706 during any time when the identity of the person who commits the offense or offenses is unknown.
F. The time limitation within which a prosecution of a class 6 felony shall commence shall be determined pursuant to subsection B, paragraph 1 of this section, irrespective of whether a court enters a judgment of conviction for or a prosecuting attorney designates the offense as a misdemeanor.
G. If a complaint, indictment or information filed before the period of limitation has expired is dismissed for any reason, a new prosecution may be commenced within six months after the dismissal becomes final even if the period of limitation has expired at the time of the dismissal or will expire within six months of the dismissal

Continue reading "Statute of Limitations for DUI in Arizona" »

In Arizona, upon a DUI conviction you are sentenced to certain mandated AZ DUI sentencing penalties. One of these includes jail time and alcohol or drug counseling. Most AZ DUI sentences include a two-step jail sentence.

For example the mandatory minimum jail sentence for a first time 28-1381, A, 1, conviction for Impaired to the Slightest Degree is ten (10) days jail. This may be broken into a one (1) day jail sentence with the remaining nine (9) days suspended to complete the mandatory alcohol screening and counseling.

If you fail to complete the screening or counseling then you will face the remaining suspended sentence. However, in actually, the maximum sentence allowed by law for a class 1 misdemeanor is six (6) months jail. Therefore, if you totally ignore what you have been ordered by the court you may find yourself facing the full 180 days jail.

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:

J. Notwithstanding subsection I, paragraph 1 of this section, at the time of sentencing the judge may suspend all but twenty-four consecutive hours of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program. If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause to the defendant as to why the remaining jail sentence should not be served.
(Cited in part & emphasis added)

Continue reading "Arizona DUI Laws - Order to Show Cause" »

What to expect at Arizona's "Tent City" Jail:

Every Arizona DUI conviction carries with it jail time. AZ DUI Laws state that a person must serve at least 24 hours in jail if convicted of even the lowest level Arizona DUI charge. The maximum jail sentence for any misdemeanor DUI charge in Arizona is 180 days. It is important to speak with an experienced DUI defense attorney to get informed about what jail time, if any, you may be facing in your particular case.

If you are charged for the DUI in Maricopa County, Arizona and you have to do jail time for your Arizona DUI conviction, you will most likely do time. If you are charged for the DUI in Maricopa County, Arizona and you have to do jail time for your Arizona DUI conviction, you will most likely do time what is known as "Sheriff Joe's Tent City". Yes, Tent City is very real, and unfortunately, many of the rumors about the conditions there are true. Inmates can be exposed to extreme temperatures in the excessive heat of summer in Arizona (temperatures that have reached as high as 121 degrees) as well as the cold evening winter nights where it is not uncommon for temperatures to drop to below freezing.

All convictions of DUI in Arizona carry mandatory jail time. If you have been convicted of an AZ DUI, the judge will schedule a time for your mandatory jail sentence. Most Maricopa County, Arizona misdemeanor convictions in city or justice courts require you serve your sentence Tent City. Your Arizona DUI lawyer may be able to attempt to arrange for your DUI punishment to be served at an alternative location under certain circumstances. The corresponding court will provide an incarceration document that specifies the date and times you must serve. You must bring this court document to jail or they will not accept you and you may get additional penalties including extended jail time.

Many feel the punishment of serving time at Tent City, does not fit the crime for a DUI Conviction in Arizona. Arizona has some of the toughest laws and punishments for AZ DUI convictions in the Country. That is why it is so important to retain an experienced Arizona criminal defense attorney as soon as possible to defend your case, protect your rights, freedom, and future if you have been charged with a DUI in Arizona.

Continue reading "DUI Convictions: Jail in "Tent City" " »

Eleven Things NOT To DO if Stopped for an Arizona DUI:

1. DO NOT get out of your vehicle or unlatch your seat belt until the officer gives you permission or requests that you do so.

2 DO NOT ever touch the police officer! It can be used as a reason to arrest you or charge you with felony flight or felony assault on a police officer.

3. DO NOT resist arrest, and do not refuse to cooperate. Resisting arrest by itself is a reason to arrest you.

4. DO NOT try to "explain" the situation to the police - any statements you make could be taken out of context or twisted around to be used against you. Your Arizona Defense Attorney will present your side of the story throughout the defense, through the proper legal channels.

5. DO NOT complain. Making a scene or threatening to file a complaint only makes the situation escalate and your words can be used against you. Never argue with the police or lose your temper. Remember, you have the right to remain silent - Use it!

6. DO NOT make any statements about leaving from a bar. Do not admit drinking alcohol even if your last drink was hours ago.

7. DO NOT make any statements about smoking marijuana or taking illegal, legal or valid prescription drugs; even if the last time you did was hours, days or weeks ago.

8. DO NOT give your consent for any searches. However, the police may have the legal right to search post arrest or after obtaining a valid warrant.

9. DO NOT do any roadside balance or eye tests. Arizona DUI laws state that you are not required to perform these tests. However, if you do not, you should also know there is a chance you may be immediately arrested on the spot, and your refusal could be used against you at trial. Therefore, this is not a blanket rule and should be decided based on your individual situation. Think carefully about your choice.

10. DO NOT submit to a breath, blood, or urine test until after you have requested to call an attorney. However, do not delay submitting to the request. Any delay could be considered a refusal and cause the police to get a warrant and you would get a revoked drivers' license for one year.

11. DO NOT delay hiring an experienced Arizona DUI defense Attorney. While you do delay, the police and prosecution are building their case against you. You want your AZ DUI Defense Lawyer to begin fighting for you immediately, contacting the prosecution, examining evidence and building your defense.

These "DO NOT" items are general information intended as guides only. They may apply to most, but not all situations. Some of the Top criminal defense attorneys in Arizona have different perspectives or opinions on these items relating to being stopped or arrested for an Arizona DUI. Ultimately the decisions are yours to make based on the circumstances of your own situation.

Continue reading "Stopped For DUI - Eleven Tips from a DUI Lawyer " »

Things to DO if You are Stopped for a DUI in Arizona:

1. Do: Pull over immediately and wait for the officer to approach. Do not get out of your car. Stay seated calmly and be sure to keep your seat belt on, until the officer requests otherwise.

2. Do; Remain calm. Think, act and speak carefully. If the officer asks you why if you know why he stopped you, politely and simply say "no". .

3. Do: Provide license, registration, and proof of insurance. Note, from the second the officer approaches your auto, he/she will be evaluating your communications and actions, to look for signs of impairment. Know in advance exactly where your license and registration documents are, so that you do not nervously fumble for them. Remember they are looking for signs of impairment.

4. Do: Be as polite and courteous to the police officer as possible.

5. Do: Select your words and actions carefully. Don't get into an argument and try to maintain your composure. Anything you say or do can be held against you. Everything that happens at that stop including your words will be documented by the officer in the police report and used as evidence against you.

6. Do: If arrested, ask to speak with an attorney, if you do not have an attorney ask for a telephone book to attempt to reach a criminal DUI lawyer.

7. Do: Think carefully before refusing a breath, blood, or urine test. If you refuse, you will lose your driver's license for 1 year, rather than 30 days suspension followed by a 60 day restricted license. If you refuse the police will get a telephonic search warrant and take your blood by force. So the police will get the tests they want, one way or the other. Refusal of the tests simply buys you one year's loss of your driver's license.

8. Do: Ask for a second sample of blood or urine to be taken and preserved for you so that your Arizona Defense Attorney can have an independent defense retest on your behalf. You have the right to request it, and the right to obtain it.

9. Do: Request to be released for an independent blood test.

10.Do: Call an experienced Arizona DUI defense attorney for a free consultation about your phoenix drunk driving case as soon as possible.

These "Do" items are general information intended as guides only. They may apply to most, but not all situations. Some of the best Arizona criminal defense attorneys have different perspectives on some of the "Do" items and how they should be handled in the event you have been stopped or arrested for an Arizona DUI. Ultimately the decisions are yours. Choose wisely.

Continue reading "Ten DUI Tips from a DUI Attorney" »

In cases where an Arizona DUI with Drugs is suspected, you will typically be required to undergo a urine drug test. A urine drug test is the least accurate means for measuring blood alcohol level. However, to gain evidence against you for a DUI arrest, urine drug tests are routinely used and more effective in detecting the presence of illegal drugs in the body.

A urine test detects the amount of alcohol in a person's urine. Typically, a person is asked to empty their bladder and wait 20 minutes before providing a sample to be tested. However, since water remains in the body's system over a period of time, urine is not as accurate an indicator of blood alcohol content as blood itself. As a result, in borderline cases a urine test could erroneously indicate a BAC in excess of .08 when in reality a person's BAC is within the legal limit.

Urine Drug Tests detect the presence of drugs in the body days after a drug has been used. Due to the manner in which drugs are metabolized and eliminated from the body, traces of marijuana, cocaine, heroin, and other drugs may be detected in the urine long after they were initially used. As such, a urine test can only determine if a drug was used - not when it was used. Consequently, people arrested for an AZ DUI drug charge may not have been under the influence of a drug at the time of the AZ DUI stop when arrested even though their urine sample tested positive for drugs. Also, cases exist where over the counter medications such cough medicines, certain pain relievers, and cold medicines have mistakenly resulted in a positive indication for marijuana, heroin, or other illegal drugs.

A good DUI Attorney will gather evidence from lab technicians and forensic specialists when challenging urine tests. This is because technicians and police often fail to follow proper Arizona DUI Law protocol since questions often arise pertaining to the accuracy of the tests and the dependability of the results. Many defendants have been convicted of Arizona drunk driving charges due to an improper, inaccurate urine test. If there has been mishandling in test administration or handling protocol, your Arizona DUI Lawyer may be able to get the urine test results thrown out, and in some cases the case itself dismissed.

Continue reading "Urine Drug Test - ARIZONA DUI LAWS" »

AZ Marijuana DUI penalties carry a mandatory sentence that includes incarceration for at least 24 hours and not more than 6 months for a first-time offense. Penalties under AZ Marijuana DUI laws may also include fines, fees, drug counseling, probation, suspended drivers' license and other punishments.

Arizona Revised Statute (A.R.S.) 28-1381 (in pertinent part)

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.

D. A person using a drug, as prescribed by a medical practitioner licensed pursuant to title 32, chapter 7, 11, 13 or 17 is not guilty of violating subsection A, paragraph 3 of this section.

Arizona has some of the toughest DUI, and DUI Marijuana laws in the Country. That is why if charged you will need to retain the best Arizona Marijuana DUI lawyer or Arizona Criminal Defense Attorney you can find to defend your case.

Continue reading "DUI Marijuana - Marijuana DUI Laws in Arizona" »

AZ Marijuana DUI charges are considered very serious offenses. . If you are charged you should retain legal representation from an experienced Arizona DUI Lawyer, or Arizona Criminal Defense Attorney.

There are two types of Arizona marijuana DUI offenses. First, a person can be charged with an AZ DUI if operating a motor vehicle while "impaired to the slightest degree" including impairment due to marijuana. Secondly, a person violates AZ DUI laws when operating a vehicle with any trace of marijuana in his or her system as detected by "THC" this includes medical marijuana metabolites in bodily fluids.

"THC" is the abbreviation for Tetrahydrocannabinol which is the psychoactive compound in marijuana. In the case of an AZ Marijuana DUI, the police are looking for how much THC is found in a suspects urine. "THC" is Delta-9-tetrahydrocannabinol, which is the intoxicating ingredient in marijuana. THC is fairly quickly converted by the body into inert metabolites, which can stay in the body for hours or even days.

Arizona has a "zero tolerance" law enacted. This means that you are forbidden from driving if you have any detectable level of marijuana in your body, as indicated by the presence of THC metabolites. It is not necessary for the prosecution to prove that the presence of THC metabolites caused any impairment; just that it was present in your body.

You can be charged with an Arizona Marijuana DUI based just having the metabolite of a drug in your system, including pot. That means that if you smoked marijuana 12 days ago and stopped today, in Arizona, you can be charged with Marijuana DUI. Arizona has some of the toughest DUI Marijuana Laws in the country. For this reason,
You will need an experienced Arizona DUI Marijuana Attorney to defend your case.

Continue reading "Marijuana DUI - DUI Marijuana Arizona" »

If you get an Arizona DUI conviction of any kind, according to AZ DUI Law, you must provide verification of what is known as "SR22 insurance". This provides proof of financial responsibility. The SR22 is mandatory after your Arizona DUI conviction and following the court ordered Arizona license suspensions.

You must carry SR22 insurance for three years a minimum period of three years. If you cancel after getting the policy, the insurance company is required to notify the MVD upon cancellation of your SR22 insurance. This insurance is basically a high risk insurance policy where you are required to show proof of financial responsibility to the MVD in the form of an SR22 filing. An SR22 filing will be provided to the MVD by your SR22 insurance provider.

If a lapse occurs, the Arizona MVD will immediately suspend or revoke your driver's license again, and you will have to go through the process of having your insurance provider file another SR22 form with the MVD before they will reinstate your license.

An AZ drunk driving conviction will not automatically require the SR22 insurance. You should be exempt from SR22 insurance entirely, if:

1. Arizona MVD upholds the Administrative Per Se suspension of your driver's license prior to being convicted of the DUI; or

2. Arizona MVD voids the Administrative Per Se suspension and the DUI charges are dismissed or reduced to a non-DUI offense.

If the AZ MVD voids the Administrative Per Se suspension and subsequently suspends your drivers' license based upon an AZ DUI conviction, you must then carry the SR22 insurance as a condition of reinstating and maintaining a valid driver's license.

The cost of SR22 insurance can vary greatly from one insurance company to the next. So it is important that you get a variety of multiple quotes from different insurers so that you obtain the can obtain the lowest rates possible. Regarding obtaining these quotes, your Arizona DUI Defense Attorney will caution you to provide only general information to the Insurance Company needed for the quote, to protect your privacy. Once you select an Insurer, an experienced AZ DUI Lawyer will also suggest that you provide only information they specifically needed to issue the SR22.

Continue reading "Arizona DUI Conviction - SR22 Insurance " »

DUI Checkpoint stops are unique compared to an Arizona DUI stops made by individual police officers who observed you behind the wheel of a vehicle in absence of a DUI Roadblock. With regard to an AZ DUI checkpoint stop, your Arizona DUI Defense Attorney will argue that the Arizona Prosecution bears the burden to prove
the checkpoint itself and checkpoint protocol used complied with the federal and local laws and guidelines.

Thus the burden of proof weighs heavily on the police officer and law enforcement agency to prove compliance from beginning to end for checkpoint stops based on National Highway Traffic and Safety Administration (NHTSA) guidelines and Local Procedures adapted by the State, City or other local area you were stopped.

In contrast, for an individual to be stopped by a police officer while they are driving or have the potential to drive being behind the wheel of an auto, there must be suspicion of DUI, for the stop to be valid. In absence of a DUI Checkpoint situation, prosecution need only to prove that the stop itself was valid, due to suspicion that the driver may be impaired due to alcohol or drugs.

In an AZ DUI Checkpoint stop, the Federal Guidelines require vehicles to be stopped based upon the selection of a mathematical formula of sorts such as stopping every second, or third vehicle. This is done to deter police misconduct such as racial profiling.

Checkpoints must minimize the average time each motorist is detained. This means the
officer can't just ask you to step out of your car without reason to suspect you are impaired by alcohol or drugs. In other words, there must be noticeable signs of impairment . If such signs do not exist, you must be allowed to drive on.

If the officer decides that you display signs of impairment, you will be redirected from the vehicles in line at the DUI roadblock to a separate area where they will continue further investigation of DUI. From this point, it is not much different than a regular Arizona DUI stop by a police officer.

If you were stopped at an Arizona DUI Checkpoint, and charged with DUI in Arizona, you should retain the services of an experienced Arizona DUI defense Attorney. After gathering and examining of all the evidence, they will determine if your constitutional rights were violated; make sure you were not unlawfully searched; and determine if the checkpoint complied with the Federal, state, and local laws and procedures relating to DUI Checkpoints. If violations exist, your Arizona DUI Lawyer may be able to suppress evidence, or even in some cases get a dismissal.

Continue reading "Arizona DUI charges: Defenses for AZ DUI Sobriety Checkpoint Stops" »

Thousands of Arizona DUI Arrests occur each year at Arizona DUI Sobriety Checkpoints,
(also known as AZ DUI Road blocks, and Roadside safety checks). Top Arizona DUI Defense Attorneys will tell you that the primary purpose for them is for law enforcement to catch drivers driving impaired under the influence of alcohol or drugs Arizona is one of 38 states who conduct these Sobriety Checkpoints as allowed by the Arizona Authority, Law, and Constitution. Each state is responsible for creating its own set of procedures.

However, 12 guidelines are offered by the National Highway Traffic and Safety Administration (NHTSA):

1) The public should be aggressively informed of sobriety checkpoints with ample warning so they can avoid them completely.

2) Police presence should be obvious when approaching a checkpoint.

3) Drivers should be sufficiently warned of an upcoming checkpoint.

4) The logistics of chemical testing must allow expeditious transport of suspects to a chemical testing site.

5) They must be part of an ongoing program to deter drunk driving.

6) They should have support of the judicial system, for example a District, County or State Prosecutors' Offices.

7) The selection of the checkpoints must be done in the interest of public safety and chosen for a specific objective (an unusual number of drunk driving accidents that area).

8) Any change in the original planning of a checkpoint must be well documented.

9) Detection and investigation techniques must be well-planned and standardized. These must be performed by qualified law enforcement. Investigation must take place without impeding the flow of traffic.

10) There must be established procedures for how to properly operate a checkpoint.

11) Feedback should be requested from citizens who are stopped to help determine if the program is effective.

12) Trained Police Officers must do all the DUI investigating.

The best way to avoid being stopped at an Arizona DUI checkpoint, is to find out in advance where the planned roadblocks will be. Some resources to obtain notice include your local newspaper, radio, TV and the internet. Many AZ DUI checkpoint announcements are posted on local state, county, city, and government websites. Posting on social networks such as Twitter.com has become increasingly popular.

Continue reading "AZ DUI Checkpoints: 12 Facts About AZ Sobriety Checkpoints! " »

1. DUI Portable Breath Test (PBT)
If stopped for suspicion of Arizona DUI, the police will ask you a series of questions. Possibly before or after requesting AZ DUI field sobriety tests (FST) the Arizona police will request to have you blow into a small hand held device on the side of the road, in an effort to continue building a case to charge you with a DUI in Arizona.

This small device is called a portable breath test (PBT). The purpose is to determine if you were drinking alcohol and supply an approximate reading of how much was in your system. This device can be used as evidence of probable cause to make an arrest for an Arizona DUI, or Arizona DWI. You can think of this one as a preliminary test. The reading on this machine cannot be used against you as evidence in court because it has not passed the necessary scientific tests to be considered an accurate alcohol concentration measuring device to meet proper AZ DUI Law testing standards. It has not been calibrated or maintained for reliability.

If the reading was 0.0 blood alcohol content (BAC) police may still suspect you of driving while drug impaired. In that event, they may continue their investigation with drug impairment testing for AZ DUI drug charges.

2. DUI Breath Test
In Arizona, the official breath test for Arizona DUI testing is done with the Intoxilyzer device. The machine analyzes the DUI suspect's breath sample without destroying it through a process of infrared spectroscopy, thereby determining the amount of ethyl alcohol present in the sample.

This machine is required to be calibrated and tested on a regular basis by the police agencies responsible for them. At times, like all machines, they have problems and may need to be taken out of service for repair or sent back to the manufacturer. It is imperative to inspect the machine records to determine if it was working properly. If a history of prior problems or defects exists with the machine, the machine and results may be invalid, and the evidence may be suppressed. In absence of machine defect or administration error, these machine results are valid and may be used as evidence against you in trial.

Top Arizona DUI defense Attorney will examine all of these elements. Your AZ DUI Lawyer should understand the factors that may affect the accuracy of the machine readings, including test protocol, temperature, and individual human body variances that may affect the outcome of your test results and your AZ DUI case. That is why it is important to select an experienced Arizona DUI lawyer who will have invalid evidence against you thrown out, and make efforts to help you avoid an Arizona DUI conviction.

Continue reading "Arizona DUI Tests-Two Breath Tests Given in AZ DUI Stop " »

AZ DUI blood testing is considered to be the most accurate form of testing for determining AZ DUI blood alcohol content (BAC). However, that does not change the fact that many errors can still occur in the Arizona DUI blood testing process. Arizona DUI laws require that specific protocol and procedures be followed for blood collection. If these protocols are not strictly followed, and standards met, it could cause blood test results to be inaccurate. In that event, the blood evidence may be thrown out, leading to a case dismissal of your Arizona DUI.

The following are some factors that could affect the accuracy of blood test results:

1. Use of Contaminated or faulty medical equipment

2. Improper method used to draw the blood

3. Improper storage or transportation of the blood sample

4. If a test subject has anticoagulants present in their blood, this can result in an inflated and inaccurate BAC test result

5. The drug testing or narcotic identification kit could be expired

6. Rubbing alcohol could contaminate the blood sample

7. Too much preservative in the vacuum tube could result in an inaccurate reading

8. Lab technicians could mix in too much salt which will artificially inflate results

9. Results could be inflated if only blood serum or plasma is tested instead of whole blood.

If you are stopped for suspicion of driving impaired and the police request and you agree to a blood test then only a person trained in blood withdrawal can take your blood sample. The person responsible should be careful not to allow alcohol from a swab to contaminate the blood drawn.

Arizona DUI prosecutors claim that blood testing machines are accurate to within 5%. But many Arizona DUI defense attorneys and experts will tell you that they are not nearly that accurate as they claim to be. Problems exist in operation error or sample collection procedures that can cause the results will be unreliable. Top Arizona DUI Attorneys recommend you request a second sample to be taken at the same time or as close as possible to the first, for your AZ DUI Lawyer to have retested independently for evidence in your Arizona DUI Defense.

Continue reading "Defense for DUI in Arizona: Inaccurate DUI Blood Tests" »

Arizona DUI police and prosecutors use breath, blood and urine to prove its case to the jury and seek an AZ drunk driving conviction. The breath test is usually given at the police station or in the AZ DUI van. This breath test is not without its faults and is highly susceptible to error. If the breath test is not given properly, then it will not accurately measure your blood alcohol concentration. A good Arizona DUI Lawyer may be able to file the appropriate motion to ask the judge to throw it out.

Below are some factors that can impact the accuracy and reliability of breath test results:

Temperature of Your Breath
The breath test works on the assumption that your breath is 34 degrees centigrade. Studies done with this equipment have shown that the real average breath temperature for people who have been arrested on a DUI/DWI is closer to 35.5, with some as high as 37. Thus, any error in quantification of the person breath temperature could provide incorrect blood alcohol content (BAC) results.

How Fast the Body Eliminates Alcohol
Another assumption on the part of the breath testing machine. Not all persons metabolism is the same, but the breath test machine assumes that everyone is the same. A person whose body gets rid of alcohol slower will have a higher BAC than someone with a faster metabolism. If you have a slow metabolism, you might still be absorbing alcohol by the time you take the test. If so, the machine will read your BAC higher than it actually is.

Belching, Hiccupping or Vomiting Prior to a Test
Part of the breath test mandates the officer to constantly observe you to verify that you have not belched, hiccupped or vomited within 15 minutes of taking the test. Constant observation is a rule that the officer must follow. If it is not followed, the results of the test may be called into question.

Inherent Margin of Error The breath machines have an acknowledged + 10% margin of error. Therefore, even when the device is calibrated and operating properly, it will still have a 20% range of error.

Mouth Alcohol The breath testing machines are frequently having difficulties distinguishing between alcohol in a person's mouth and blood alcohol. Contaminants in a person's mouth, such as, smokeless tobacco, denture adhesives, mints, and lip balm may also result in erroneous BAC results.

Operator Error Arizona DUI police often lack proper training in the use of the DUI breath test machines. Officers generally receive minimal training in the use of the device for purposes of AZ DUI Testing, and are not provided adequate written materials.

Despite efforts by the breath test machine manufacturers to detect these problems, they continue to result in many unjust Arizona DUI convictions, despite the fact they were innocent of Arizona Drunk Driving. Thus, another reason, to retain AZ legal representation from an experienced Arizona DUI Attorney who can provide you with the best AZ DUI defense possible.

Continue reading "AZ DUI Defenses: Inaccuracy of the Breath Testing Device" »

Arizona DUI Prosecution may not unreasonably prohibit or interfere with your Arizona DUI Lawyer's reasonable efforts to gain evidence that may assist in defending your Arizona DUI charges. Under the Fourteenth Amendment to the U.S. Constitution, the defendant has a due process right to collect independent scientific evidence of his or her blood alcohol concentration (BAC). Independent chemical tests are exculpatory evidence, (new evidence presented to help clear guilt, dismiss evidence or challenge an AZ DUI in this case).

Under AZ DUI laws, you do not have a choice of which test to take. The selection of blood, breath, or urine is up to the police at the time of the arrest. If you do not take the test requested by the police you will be deemed to have refused the test. If you do take a test, it is important that you request to have a second sample be preserved and given to you for purposes of having your Arizona DUI Attorney's own independent testing of the sample be completed. You have the right to obtain this second test sample. It is in the interest of your best AZ DUI defense to insist that your request for a sample be granted. Note, today under the current testing methods an independent breath is nearly impossible. However, a second blood test or sufficient urine sample should always be requested and preserved for defense testing and verification.

An additional review of police equipment may prove the breath test machine to be broken, or a blood test result inaccurate. Some top criminal defense attorneys, may direct you as soon as possible after you are released to proceed immediately to a hospital emergency room or your doctor and request that your blood be drawn and tested for alcohol levels. Further, if you wait too long, this test may not help you. Your independent test must be conducted promptly if it is to be of any use in your defense.

Keep in mind, you will be responsible for the cost of this test; the doctor or ER Services could be costly: And the costs may not be covered under your medical insurance policy. Next, the Arizona DUI testing methods, chain of custody or timetable may prove more of a hindrance than a defense. Lastly, hospital emergency rooms are busy with other medical emergencies, and may not consider providing a test to help your AZ DUI defense a priority. It is up to you to make the decision for the independent test or not. Do not rely on after the fact opinions. Most likely, you are reading this after getting charged with an Arizona DUI offense and make this issue moot.

Continue reading "DUI in Arizona: Legal Representation, AZ DUI Defense - Denial of Independent Test " »

Arizona DUI laws now limit how an AZ DUI Retrograde extrapolation defense can be used. This drunk driving defense provides a mathematical process by which someone's blood alcohol concentration at the time of driving. A blood alcohol content (BAC) is projecting backwards from a later chemical test. This is a fancy way of presenting that you were not driving illegally at the time of driving.

This process involves estimating the absorption and elimination of alcohol between driving and testing. The rate of elimination in the average person is commonly estimated at .015 to .020 percent per hour. This number may be different for each person's individual characteristics.

Metabolism can be affected by numerous factors, including such things as body temperature, the type of alcoholic beverage consumed, and the amount and type of food consumed. As always, if your have an experienced Phoenix DUI Lawyer, these factors should be discussed and factored into your specific Arizona DUI or DWI case.

Although this defense of drunk driving may be limited, a top Arizona DUI Attorney may still present it to the prosecution. The Arizona DUI Lawyer may present it as estimation of your BAC when driving; or by contradicting the results of the state's toxicology report; or by challenging the results of your Field Sobriety Tests (FTS).

If you have been charged with an Arizona DUI or other Criminal offense, contact the Law Office of James Novak. Call now for your Free Consultation at (480) 413-1499, with experienced Phoenix Criminal and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak provides legal representation to persons facing DUI & criminal charges valley-wide including Phoenix AZ Tempe AZ, Scottsdale AZ, Chandler AZ, Gilbert, AZ, and Mesa 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

A common Arizona DUI arrest question is whether your DUI in Arizona can be dismissed because the Arizona DUI police did not read your Miranda rights or delayed in the reading. When stopped for an AZ DUI the police officer is not required to read you your Miranda rights immediately after the stop or after you're arrested for Arizona drunk driving.

The beginning phrase of the Miranda warning is "You have the right to remain silent. Anything you say can and will be used against you...." Most people assume that officers are required to read Miranda whenever they make any criminal arrest including a DUI arrest. That's not actually true.

There are two conditions that must be met before the police are required to read you your Miranda rights. First, you are placed under arrest. Second, in the event the officer continues to interrogate you. Your Miranda rights are to inform you that you don't have to answer any questions the policed asks you that would solicit incrimination statements. The Miranda rights are required when:

1. You're placed under arrest for DUI and the police continue to interrogate you.
2. "Under arrest" means that the Arizona DUI officer places you in handcuffs and into custody.
3. "Interrogation" means the Arizona police continue to ask questions designed to seek incriminating responses. This includes: "How many drinks did you have? What were you drinking? Do you feel intoxicated?"

Thus, if you are arrested for an Arizona DUI and are not asked and any questions about what occurred that could be used against you then there's no need for you to be read your Miranda rights, by the police officer. Normally, if you are not yet "in custody", as Arizona DUI law defines "custody", the Miranda rights need not be read. Word of caution: Police officers get around the Miranda requirement with DUI cases by asking questions before they arrest you, then whatever you say can go in the police report and be presented at trial, your DMV hearing, and used against you.

However, if the police didn't read you your rights and you gave incriminating statements harmful to your Arizona DUI defense, be sure to have an experienced Arizona DUI attorney review the facts to determine if anything you said may be suppressed or excluded from evidence as allowed by AZ DUI Law.

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.

If you have been charged with a DUI in Arizona, you should consult an Arizona DUI lawyer. When hired, an experienced Arizona DUI Attorney will gather and evaluate all the evidence. Based on the facts, he or she will determine what defense can be used in your case. A common defense utilized is Improper Administration of a Field Sobriety Test (FST). It is not unusual for the police officer to administer it incorrectly. A variety of reasons may also exist causing a person to perform poorly in absence of being under the influence of alcohol or drugs.

The National Highway Traffic Safety Administration (NHTSA) has established standardization guidelines regarding the administration of an FST in order for the results to be valid. Any non-standardized field tests performed by the officer, are invalid Arizona, unreliable, and can be challenged as evidence. (Neither the Federal Government (NHTSA) nor medical science considers touching your finger to your nose, saying the alphabet, or counting backwards, as valid field sobriety tests.

Standardize testing may include the Horizontal Gaze Nystagmus (HGN), Walk and Turn, and the One Leg Stand. NHTSA has set forth guidelines regarding Field Sobriety Tests (FST). The tests should not be given if the suspect:

1) is 50 pounds or more overweight;
2) is 65 years of age or older;
3) has any back, hip, leg, knee, or ankle injuries o has any disability effecting balance (past head injuries); and/or;
4) is wearing shoes with heels two (2) inches or higher.

Your attempting to do the FST is voluntary and you can refuse to do any of the field sobriety exercises mentioned above. Police attribute poor performance to possible intoxication and few people can perform the tests perfectly. Police tend to score and report your performance on the FST toward you being DUI, without taking into account the interest of Officer, nervousness, unnatural tasks, poor instruction for field sobriety test, and unfavorable conditions of environment.

So if you should fail an FST, do not fear the worse, that you will be charged with an Arizona DUI. Instead, try to remain as calm and polite as possible (easier said than done). Remember, that is just the beginning. Only an experienced Arizona DUI Lawyer can tell you what defenses you may have, to get your case dismissed, and avoid an Arizona DUI conviction, penalties, fines, and incarceration.

Continue reading "Arizona DUI Defense: Improper Administration of Field Sobriety Tests (FTS)" »

Your Arizona DUI Attorney can have your DUI in Arizona dismissed if there is "No Probable Cause to Arrest". The police officer 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. Otherwise, the arrest is unconstitutional and invalid. Therefore, in this event, your Arizona DUI attorney can have your Arizona DUI case dismissed. This right comes from the Fourth Amendment of the United States Constitution. The amendment specifically requires among other things, that arrests and arrest warrants be supported by "Probable Cause".

"Probable cause to arrest" holds a higher standard than "reasonable suspicion to stop" or detain a driver for questioning. For example if you were stopped because the officer, with no other witnesses, saw you drinking out of what appeared to him or her to be an opened alcohol container, that would prompt justification for a "reasonable suspicion' to stop you, and merely to begin an AZ DUI investigation. It does not justify the "probable cause" standard needed to make an Arizona DUI Arrest. The police officer must still have "probable cause" to prove that the person is under the influence of drugs or alcohol, and as a result is impaired prior to making an arrest. The police officer needs more in the way of specific evidence and facts including but not limited to, field sobriety tests, breath tests, and/or chemical tests, "enough to cause a reasonable person to believe that a crime has been committed." The judge needs to hear this actual evidence and specifics, not just assumptions, conclusions made by a police offer or the prosecution.

It is your Arizona DUI attorney's job to make sure your rights are protected and have not been violated if you have been arrested for an Arizona DUI. You have the right to a defense. You should make sure that Arizona DUI Lawyer you choose to defend your Arizona DUI is experienced and knowledgeable about Arizona DUI laws, and drunk driving defenses, and your constitutional rights. That choice can make all the difference in the outcome of your AZ DUI case and your future.

Phoenix, DUI Lawyer - Arizona DUI Attorney

Continue reading "Beat Your DUI in Arizona: No Probable Cause to Arrest Defense" »

When charged with a DUI in Arizona, you have the right to request to speak with an Arizona Criminal Defense or Arizona DUI Attorney. The police must allow you the opportunity to speak with one, at least telephonically as soon as is reasonably possible. Such a denial of your access to speak with an Arizona Criminal attorney or AZ DUI Lawyer is a violation of your constitutional rights.

Your constitutional right to counsel is derived from multiple sources including both the United States Constitution, and the Arizona Constitution. Although your right to speak with or be represented by an attorney exists, the point at which you are allowed access to that attorney may be in question. Each case presents its' own set facts and circumstances, under which the person is able to have access to speak with an Attorney. That is why it is important that you retain legal representation immediately if you have been charged with an Arizona DUI.

It will take an experienced Arizona criminal defense attorney well versed in Arizona criminal defense laws and AZ DUI laws to gather the evidence and determine if your constitutional rights were violated. So if the police unreasonably or unjustifiably deny or delay your request to speak with an attorney, regarding your Arizona DUI arrest or AZ DUI charges, be sure to relay this information to your lawyer accurately and completely. Consequently, your Arizona DUI Attorney, may later be able to request either dismissal or suppression of all the evidence in your AZ DUI case.

Continue reading "Arizona Criminal and DUI Defense: Denial of Right to Counsel " »

If you have been charged with a DUI in Arizona, another strategy used by Arizona DUI lawyers to pursue dismissal of a case is "No Reasonable Suspicion to Stop" or "No Reasonable Suspicion to Detain" a driver charged with an Arizona DUI. If you have been stopped with no reasonable suspicion to stop or be detained, all evidence may be suppressed and the case dismissed on those merits.

An investigatory stop is unconstitutional if the stop is not supported by reasonable suspicion that criminal activity is afoot. Thus, if the officer lacked a constitutionally valid reason for making the traffic stop, all evidence of drunk driving obtained as a result of the unlawful stop must be suppressed.

Examples of no reasonable suspicion to stop could include but is not limited to a police officer stopping or detaining a driver simply due to race, religion, gender, age, or other such unjustifiable reasons.

A successful defense by an Arizona DUI Attorney against an AZ DUI charge depends on first recognizing that many cases can have potential defenses to the Arizona DUI arrest and charges It may be true that you were driving under the influence, or even drunk driving in Arizona at the time you were stopped; but that, in absence of suspicion to stop or be detained, does not give law enforcement officials "free reign" to violate the Arizona DUI Laws, and your constitutional rights under them.

Phoenix, DUI Lawyer - Arizona DUI Attorney

Continue reading "Arizona Drunk Driving Defenses - No Reasonable Suspicion to Stop " »

If you have been charged with a DUI in Arizona, one strategy used by drunk driving defense attorneys in your case in an effort to get it dismissed is called "Lack of Driving or Actual Physical Control" while under the influence. Arizona DUI Law requires that the State establish you were driving or in actual physical control of a vehicle while impaired. In some cases there are no witnesses to testify who was driving a vehicle and then the State may be unable to meet its burden of proving the accused was driving or was in actual physical control.

Recent case law by the Supreme Court of Arizona v. Zaragoza (Arizona, 6/3/2009) shows that the potential to drive while drunk is sufficient for an Arizona DUI conviction. In other words, the tough Arizona DUI laws just got tougher. Blow is the new Arizona Jury Instructions:

"...In determining whether the defendant was in actual physical control of the vehicle, you should consider the totality of the circumstances shown by the evidence and whether the defendant's current or imminent control of the vehicle presented a real danger to [himself] [herself] or others at the time alleged. Factors to be considered might include, but are not limited to:

1. Whether the vehicle was running;
2. Whether the ignition was on;
3. Where the ignition key was located;
4. Where and in what position the driver was found in the vehicle;
5. Whether the person was awake or asleep;
6. Whether the vehicle's headlights were on;
7. Where the vehicle was stopped;
8. Whether the driver had voluntarily pulled off the road;
9. Time of day;
10. Weather conditions;
11. Whether the heater or air conditioner was on;
12. Whether the windows were up or down;
13. Any explanation of the circumstances shown by the evidence.

This list is not meant to be all-inclusive. It is up to you to examine all the available evidence and weigh its credibility in determining whether the defendant actually posed a threat to the public by the exercise of present or imminent control of the vehicle while impaired..."

It has now become even more challenging to use this defense. You need an experienced Arizona DUI Attorney to fight the tough and changing AZ DUI laws you are up against in order to defend your Arizona DUI Charge. You need to feel confident your Arizona DUI Lawyer will use every possible defense to avoid an Arizona DUI Conviction.

Phoenix, AZ DUI Lawyer - Arizona DUI Attorney

Continue reading "Arizona DUI Laws - AZ DUI Defenses - Lack of Driving or Actual Physical Control " »