Recently in Mesa AZ DUI Category

October 1, 2012

United States Supreme Court.jpgThe 4thAmendment right put to the test: Unlawful search and seizure

On September 25, 2012, the US Supreme Court agreed to hear Missouri, Petitioner v. Tyler G. McNeely. The decision could affect DUI blood test consent cases throughout the nation.

The high court will rule on the issue of when the police need a warrant to draw blood from a suspect stopped on DUI, if they refuse a blood test. The law requires consent by the suspect to for the blood test to be administered, or in the alternative, with a warrant by police. The warrant could be waived, however, under the following circumstances:

• A delay could threaten a life; or
• A delay would destroy potential evidence.

In this case, the suspect refused both the breath test, and was also unwilling to take a blood test. The police proceeded with the chemical blood test which reportedly was 0.154% and exceeded the legal limit in Missouri of .08%.

The defendant moved to suppress the blood test on the challenge that since he did not consent to the test; the officer did not seek a warrant; and the officer was not concerned about any delay jeopardizing the evidence. As a result, the defendant's challenge was that it violation of his 4th Amendment Rights against unreasonable search and seizures.

The lower court suppressed the DUI blood test evidence, and the Missouri Supreme Court sided affirmed the lower trial court's ruling. The US Supreme Court is expected to hear the case in January 2013.


Arizona DUI Blood Test Consent Laws

The Arizona Supreme Court also held that under A.R.S. § 28-1321 the suspect must either expressly consent. In the case of a refusal the e police must have a warrant to administer a blood test. A warrant will be granted, if the police have just cause to believe a motorist was driving impaired due to alcohol or drugs. If the driver refuses the breath test, or does not consent to the blood test, civil penalties will be imposed including a one year loss of driver's license. The refusal will also be held against them in court. Refusals are perceived as an act of non-cooperation, or that the driver refused because they knew they would test positive for drugs or alcohol.

DUI Defense Attorney Mesa AZ

If you were arrested for any DUI you will need to address both the Civil Court penalties and the Criminal Court charges. You should always consult a qualified Criminal attorney before pleading guilty to a drunk driving or DUI charges. In addition to civil penalties, sentencing for convictions also include jail; fines, fees, assessment costs, drug or alcohol screening, and use of Ignition Interlock Device (IID) on your vehicle. If retained, your attorney will represent you, defend your charges, make sure your rights are not violated, and work to get the best resolution in your case.


Additional Resources:


US Supreme Court Docket - Missouri, Petitioner v. Tyler G. McNeely


Arizona State Legislature - Implied Consent Laws

Arizona Governor's Office of Highway Safety Programs


Continue reading "US Supreme Court Agrees to Hear Landmark DUI Blood Test Case" »

September 26, 2012

Gilbert DUI Lawyer.jpgEstablishing driver impairment is the most challenging element of a DUI

Elements of a DUI

There are three elements of a DUI charge in Arizona. Establishing impairment is the third, and most difficult to confirm. First, the facts need to establish that the motorist must be driving or in actual physical control of a vehicle. Second, the police must determine if a motorist is under the influence of alcohol or drugs. Third, the police must establish that a person's ability to drive was "Impaired to the slightest degree" or more as a result of drugs, alcohol or any combination of drugs and alcohol.

Driving "Impairment" Defined

The Arizona Department of Public Safety defines a "driver impairment" resulting from being under the influence of drugs or alcohol as:

"A reduction in the performance of critical driving tasks"

To determine if the motorist is experiencing a reduction of performance, the police are required to follow certain procedures and protocol. The officer will need to have "probable cause" to believe the driver is impaired due to drugs or alcohol.


Determining Driver Impairment

Determining an impairment of a driver is less fact oriented and less objective than determining their Blood Alcohol Content (BAC) level. BAC levels can be obtained through use of a breathalyzer test or a chemical test such as DUI blood test.

Here are some tools the police will use to determine if a driver is impaired:

1. The motorist driving behaviors prior to the stop;
2. Police observations of the motorist at the time of, and following the stop;
3. Mannerisms and responses of the motorist to questions asked by the officer;
4. Ability of the motorist to follow instructions;
5. Statements or admittance made by motorist to police;
6. Passenger or objective witness statements;
7. DUI Roadside Standard Field Sobriety Tests (SFSTs) developed by NHTSA:
a. Horizontal Gaze Nystagmus (HGN) Eye Test
b. On-Leg Stand Test;
c. Walk-and-Turn Test

These factors, particularly the DUI Roadside Testing FSTs are often challenged; considered biased and police opinionated, by the defense. This is because the police explain the test; provide instructions; administer the tests, and then grade the tests.


Arizona DUI Laws

Under Arizona law A.R.S. §28.1381, a motorist may be arrested for DUI, if they are driving below the legal limit of 0.08% Blood Alcohol Content (BAC); or if they are under the influence of drugs, and are "impaired to the slightest degree". Criminal Charges will be brought as a Class 1 Misdemeanor.


Criminal Defense Firm for DUI charges Tempe AZ

You should always consult a criminal defense attorney if you were arrested for any type of DUI charges. The penalties are harsh for convictions, even for firs time Drug DUI and DUI "Impaired to the slightest degree". Sentencing is the same as those for DUI in excess of the legal limit of 0.08% BAC, but before 0.15%. Penalties include jail term of 10 days; driver's license suspension for 90 days; use of Ignition Interlock Device (IID) on their vehicles; alcohol or drug screening and education; probation; fines, fees, and assessment costs. You will need a qualified and experienced legal advocate to defend your charges, make sure your rights are protected, and work to resolve the charges with a favorable outcome.


Additional Resources:


Arizona Department of Public Safety

Arizona State Legislature - Revised Statutes

Maricopa County Superior Court - Criminal Case Information


Continue reading "Establishing Driver "Impairment" in DUI Cases " »

September 24, 2012

Much controversy still surrounds the Arizona Medical Marijuana Act, even though the state law approved use for medicinal by qualified card-holders. Users driving who are patients that possess a medical marijuana card arrest for both possession, and Drug DUI.


Marijuana Possession Charges

Under current law qualified patients of the MM cards may purchase 2.5 ounces of Marijuana every two weeks. However, despite the fact that a person may be a qualified MM card holder they risk arrest for illegal drug possession. Some County prosecutors are not recognizing its' medicinal legality. This is because they feel it conflicts with Federal laws which prohibit the use of it for any reason. Some Maricopa County prosecutors have vowed to prosecute these charges. They will likely be convicted in lower court, and then be compelled to appeal a possession conviction to a higher court, until a ruling can be ordered by the Court of Appeals or the Arizona Supreme Court.


Drug DUI charges

Possession of a legal MM card will not prevent a motorist from getting a Drug DUI. The effects of Marijuana can stay in a person's system for days, weeks, and even months depending on how much and often they use it. So if a driver tests positive for Marijuana following a DUI stop, they may be arrested even if the Marijuana did not cause their driving to be impaired to the slightest degree.

If in fact, the driver was not impaired to the slightest degree due to the Marijuana found in their system, they will have a justifiable defense against the DUI drug charges under Arizona Law.


Arizona Drug DUI Laws

Under Arizona Drug DUI law A.R.S. 28-1381 it is unlawful for a person to drive or be in actual physical control of a vehicle if they are:

• Under the influence of any drugs or alcohol; and
• Impaired to the slightest degree;
• While there is any drug defined in section A.R.S. 13-3401 or its metabolite in the person's system

The law specifies that it is not a defense that a defendant was entitled to use the drug under Arizona Law. This will be charged as a Class 1 Misdemeanor.

Criminal Defense Attorney for Drug DUI and Possession Mesa, AZ

It is important that you consult an experienced criminal attorney to discuss your matter and options for defense following an arrest. You should never plead guilty to charges without first discussing the matter with your legal counsel or without their legal representation. The Arizona laws are very strict and the penalties are harsh. Sentencing includes jail time; fines; fees; drug or alcohol counseling and treatment; suspension of driver's license; use of interlock device on vehicle; probation, and other penalties ordered by the court. Defenses should be argued by a qualified criminal attorney under Arizona Rules of criminal procedure through proper court channels. Successful challenges may lead to evidence suppression, charge dismissal or other favorable outcome in your case.


Additional Resources:


Arizona Department of Health Services

Arizona Legislature Revised Statutes

Maricopa County Superior Drug Court


Continue reading "Marijuana DUI Laws: Users Driving with Medical Marijuana risk being arrested for illegal drug possession and drug DUI. " »

July 13, 2012

DUI Arrest Based on Blood Test Results Mesa AZ

The police have discretion of whether or not to conduct a blood test or a breath test following a DUI stop in Arizona. Here are 5 reasons why an officer may decide to conduct a blood test over a breath test:

• Breath Test Refusal by the suspect:
• Suspect is not a good candidate;
• Breathalyzer machine non calibrated or in need of repair;
• Police Suspect a motorist is under the influence of chemical or drugs;
• Initial Portable Breathalyzer Test (PBT) was negative for alcohol.

Breath Test Refusal

In Arizona, a motorist has the option of refusing a breathalyzer test. However if they refuse and police believe they have probable cause to believe a person is under the influence of drug or alcohol, they will get a warrant to conduct a blood test. Also, if a suspect refuses the breath test, their driving privileges will be suspended for one year.


Not a Good Breathalyzer Test Candidate

In order for the breathalyzer test to be accurate or valid, optimal conditions must exist. Police must be sure to avoid substance interference. Medical Conditions such as heartburn or gastric reflux disease may skew the results of a BAC reading. Trial results have proven that stomach fluids may find their way into a suspect's breath such as chewing tobacco; cough drops; belching or vomiting, or even alcohol may cause interference, causing test results to be inaccurate.


Breathalyzer in Need of Calibration or Repair

The official DUI Breathalyzer Intoxilyzer 8000 must be regularly maintained, and records to support its maintenance needs to be kept. Some machines, especially those that have been in use for a while, may have a history or needed repairs, or be in current need of repairs.


Police Suspect Drug DUI

Circumstances may cause the police to suspect a driver is under the influence of drugs instead of alcohol. Some reasons may include a person admits to being under the influence of drugs; the police witnessed a person using drugs; the police saw an illegal drug in plain sight when they approached a vehicle.

Initial Portable Breathalyzer Test (PBT) was negative for alcohol.

Generally, the police will first conduct a Portable Breath Test (PBT). Arizona does not allow the results of the PBT to be used as the sole source of evidence to obtain a conviction. This is because they are not maintained, calibrated, or subject to strict maintenance reporting guidelines like the official Breathalyzer Intoxilyzer 8000 machine. Its main purpose to either show positive or negative for alcohol use. If the results of the PBT are positive the police will proceed with formal breath test. If the results are negative, but police have probable cause to believe a person is under the influence of drugs, they will proceed with a blood or chemical test.

If you wish to defend your DUI charges, blood test, or breath test evidence you should always retain an experienced DUI attorney to represent you.

Continue reading " DUI evidence: Why Police Did Blood Test v. Breath Test " »

September 29, 2011

Q and A

What You Need to Know About Mesa Charges and Criminal Defense for DUI DWI or Drunk Driving Charges in Mesa AZ

Q. Do I need a DUI lawyer for my Mesa DUI?

A. Yes. Whether your DUI is a felony or misdemeanor, you should consult an Arizona Criminal Defense or DUI lawyer who defends cases in Mesa AZ as soon as possible. Mesa DUI laws are governed by Arizona State Laws and criminal code. Arizona has some of the toughest laws for DUI in the country. *Most types of DUI charges require jail or prison, and suspension or revocation of your driver's license, as part of the DUI penalties if convicted. In many cases extremely severe penalties are not deserved. This is true especially in the case of a first time Misdemeanor DUI, non-extreme DUI. Many Arizonans argue that jail is too harsh, unjustified, and costly for the State. A DUI lawyer or Criminal Defense attorney in Arizona understands and is familiar with constantly changing criminal and DUI laws, and current case law that may apply to your case and be able to be used in your favor. They will use the laws to protect you and your constitutional rights, and make every effort to get your Mesa DUI charges dismissed, reduced, or otherwise the best possible outcome in your case.

Q. Can I go to my DUI Court without an AZ DUI Lawyer?
A. Yes. But understand that you will be held to the same standards as any DUI defense attorney would with regard to knowing the deadlines, court standards, protocol, and laws. You will not get any leniency by the court, judge or prosecutor if you are not represented by a DUI DWI lawyer for your Mesa DUI.
Mesa AZ DUI defendants feel the criminal justice system and courts are a vast and complex and set up more to convict you than defend you. That is true in many aspects. The Arizona prosecutor has a responsibility convict you of a DUI and impose the most severe penalties possible.

A DUI and Criminal Defense attorney in who defends DUI charges in Mesa AZ on a regular basis will be familiar with the court systems, judges, prosecution, standards, procedures and protocol. Bottom line, these factors will all work to the advantage of your defense.

Q. Will the court judge be more harsh on me, if I hire an attorney defend my Mesa DUI?
A. No. Defendants are many times surprised to find quite the contrary. The Judges prefer a client to have legal representation or an effective defense attorney to avoid any confusion or misunderstandings regarding the laws, processes and sentencing; and will provide them legal guidance verses having no legal guidance regarding protocol and being accused of an Arizona DUI. The judge can then assume you will you understand fully the ramification of the DUI charges, your plea, the verdict, and consequences resulting from the Arizona criminal justice process.

Q. Will the Arizona Prosecutor treat me differently if I hire a private practice DUI lawyer to defend me for my Mesa DUI charges?

A. The AZ prosecution will generally not mistreat you. However, what they don't want you to know is that it is a "game changer" for them. When a defendant is not represented by a criminal defense attorney, they know they will be able to get a swift and harsh conviction. They know ways that you may not be aware of, that they can cause you to incriminate yourself or harm your own case. In most situations, have the advantage over you in absence of your having effective assistance of legal counsel. They will likely be more familiar with the AZ laws, courts system, and of having built a case of evidence against you. They know that without an effective DUI defense attorney, it will be difficult for you to challenge that evidence or protect yourself. It makes their job much easier to convict you if you do not have a criminal defense attorney representing you.

*All Arizona Laws are subject to change. You should contact an Arizona DUI lawyer in the jurisdiction or city where you received DUI or criminal charges for current laws, and information relating to your specific DUI or criminal matter.

Continue reading "DUI charges are Criminal Offenses, as opposed to a Civil Citation: Why yu need a criminal defense attorney to defend your DUI - Q & A" »

July 28, 2011

Felony DUI Penalties, AZ DUI Laws Overview
"In dollars and "sense" the cost of retaining a good Mesa DUI defense lawyer, is far less a price, than fines, fees, costs, and your freedom, if convicted of a Mesa felony DUI."
If you were charged with felony DUI in Mesa, AZ you should consult a Mesa DUI lawyer as soon as possible to discuss your case and defense options. A felony DUI conviction in Mesa exposes you to severe penalties. You will need a strong Mesa Felony DUI attorney to defend your Felony DUI charges.

Felony DUI - Arizona Laws:
There are three factors that will aggravate a Mesa Misdemeanor DUI resulting in escalation of the Misdemeanor DUI to a Felony DUI. "Felony DUI" charges are also known as "Aggravated DUI charges":
1) A.R.S. §28-1383(A) (1): (Paraphrased) You were arrested for DUI while you were driving on a suspended, restricted or revoked drivers license - Class 3 Felony

2) A.R.S. §28-1383(A) (2): (Paraphrased) The new Mesa DUI charge is your third DUI in 7 years. At least two of the prior DUI charges resulted in convictions within the last 7 years. - Class 3 felony

3) A.R.S. §28-1383(A) (3): (Paraphrased) You were charged with driving impaired, DUI, DWI, or Drunk Driving, with a child under 15 years of age was a passenger in the vehicle you were driving - Class 6 Felony

DUI Penalties - Felony DUI Sentencing in Arizona
A Felony DUI conviction for Mesa DUI charges exposes you to mandatory AZ DUI sentencing guidelines. The mandatory DUI penalties under Arizona Law include, but are not limited to the following:

• Jail Sentencing ranging from one day to one year;
• Prison time from 4 months to 2 ½ years;
• Revocation of your drivers license for 3 years;
• Ignition Interlock Device at your expense;
• Fines of Up to $150,000 plus 80% surcharge;
• $1500 prison assessment;
• $250 abatement fees;
• Probation fees;
• Costs for Drug or Alcohol Treatment Screening;
• Costs for Drug or Alcohol Counseling or Treatment Program;
• Supervised probation;
• Felony criminal record

(The above penalties are subject to change based on circumstances surrounding your Felony DUI charges and frequent changes to Arizona Law).

Felony DUI Penalties for a Mesa DUI conviction may be "aggravated" or
"mitigated". Aggravated penalties are factors that surround your Mesa DUI that support the prosecution and warrant more serious DUI penalties. Mitigating factors are circumstances or evidence that supports your DUI defense and warrant less serious penalties, particularly, those that are discretionary by the judge.

Mesa DUI Lawyer - Felony DUI Defense Mesa AZ
The judge will not offer you leniency, out of compassion or the fact that you do not have good legal representation by a Mesa DUI attorney. Without compelling arguments presented or motions filed by your DUI Defense Lawyer, the judge or prosecution will not generally offer mitigated sentencing. Good DUI defense lawyers will examine the evidence and facts of your case to find those mitigating factors that may lead to more lenient penalties if you are convicted of a felony DUI charge.

The felony DUI penalties are so severe, that often defendants feel that the situation is hopeless, and they do not feel even a DUI Attorney can help them. However, Felony DUI charges are often dismissed completely, or in part, by good Mesa DUI defense attorneys. A qualified Mesa DUI lawyer or AZ criminal defense lawyer can defend any Mesa Felony DUI charge regardless of the severity or classification. Good Mesa DUI lawyers often are able to get evidence dismissed; charges reduced to a Misdemeanor DUI, civil citation, or ultimately get the felony DUI charges dismissed completely.

Early retention of a good private practice Mesa DUI attorney will drastically increase your chances of a dismissal or other good outcome in your Felony DUI case. However, choosing to go without a qualified Mesa DUI defense attorney is a dangerous path towards a swift Felony DUI conviction in Arizona.

Continue reading "Find out what "Aggravated Factors" elevate a Misdemeanor DUI to a Felony" »

February 14, 2011

How to Find the Best DUI Attorneys in Mesa, AZ

Arizona State Laws are strict, and punishments severe for DUI charges in Mesa Arizona. First time DUI convictions carry mandatory sentencing of jail time along with other adverse punishments. You will need to hire a good criminal defense or DUI attorney who defends cases often in Mesa AZ to represent you through the Criminal Justice system. They will make sure your rights are protected and do everything possible to get the best outcome in your case.

Here is a short list of resources to look and help you find the best criminal defense attorney to defend you in Mesa Court or other court in Maricopa County for your Mesa AZ Charges:

• The internet. Many attorneys not only have websites, but have a wealth of information on their website that tells you about them, their experience, qualifications and credentials.
• Internet review websites and other public resources on the web.
• Referrals from friends, neighbors, or family. Be cautious not to reveal or discuss and details regarding your case.
• Maricopa County Bar Association.
• Arizona State Bar. Make sure the criminal defense attorney is licensed to practice criminal defense in Arizona. If you were charged in Arizona, you need to hire an attorney who is licensed to practice in Arizona and does so regularly. .
• Once you have selected a few attorneys you wish to speak with, contact them for a Free Consultation. Be sure the consultation is free. Most criminal and DUI attorneys do not charge for the initial consultation,
• Answer any questions the Attorney may have. They will need additional information to help you. Then ask about your defense options and their fees for retention including terms of fee payment. Many attorneys are flexible and will provide a discount if you ask depending on the nature of the charges and the amount of work they will need to put into your case.
• Ask the Attorney all the questions you can about training, education, experience, and qualifications, that you were unable to find out about them through your initial resources.
• Affordability. Compare fees of the attorneys you speak with. Understand that the most expensive attorneys many not provide you with the best defense. And in contrast, the least expensive attorneys many be some of the best DUI and criminal defense attorneys in the state of Arizona.
• Communication. You must feel comfortable in your communications with your attorney. When you hire an attorney, you are the employer. But the fact is you will be working together as a team to get the best possible outcome in your case.
• Trust. You need to feel confident that your DUI attorney can do the job. If they give you advice, there is usually a good reason for it. If you don't know what that is, ask. You will be working with your attorney as a team. If you do not trust their judgment or competence from the start, your defense will be headed for disaster. So if the basic trust is not there from the start, you should continue your search until you feel that comfort level.

Choosing a Mesa DUI or criminal attorney for your Mesa criminal charges is one of the most important decisions you will make in a lifetime. An unwise decision can cost you not only the attorney fees, but your freedom and future. A wise well thought out decision will increase your chances of getting a dismissal or reduction of charges or sentencing and potential for a fresh start on life. Second chances are rare.

Continue reading "Resources to help you find a good criminal defense or DUI lawyer" »

December 27, 2010

DEFENSES THAT GOOD MESA DUI ATTORNEYS USE TO FIGHT DUI CHARGES

Mesa AZ DUI Charges
If you face Mesa DUI charges you should consult a Mesa criminal defense attorney or Mesa AZ DUI lawyer as soon as possible. Arizona has some of the toughest DUI laws and penalties in the country for DUI convictions. However, a charge is not a conviction. You have a right to plead guilty and fight your DUI. Your best chance of getting a good outcome or even a DUI dismissal is to retain a good DUI defense lawyer in Arizona. They will be able review the evidence and facts of your case and determine what defense strategies may be utilized to defend your DUI charges in Mesa Court.

Mesa DUI Defense Strategies

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.

LACK OF ROUTINE BREATHALYZER MACHINE MAINTAINENCE
Was Breathalyzer Machine used properly and timely maintained?
Breathalyzer Machine Units require routine maintenance checks.

FAILURE TO RECORD THE VALUE SIMULATOR SOLUTION
Did the breath machine operator officially record the value simulator solution used in the test?
The value of the simulator solution used to obtain the suspect's breath test results is required for the BAC to be admissible in court

Mesa AZ DUI Defenses
There are many DUI defenses that may apply and can be used to defend your DUI charges in Mesa Arizona. A good DUI lawyer who defends DUI charges in Mesa Court will know what DUI defense strategies can be used in your case. The above defenses are just a few of many defenses surrounding breath testing results. Below is an excerpt from the book "101 DUI Defenses 101 DEFENSES TO BEAT YOUR ARIZONA DUI ©" written by James Novak, Arizona DUI and Criminal Defense Attorney. For more DUI defenses, the abridged version of this E-book can be downloaded free by visiting www.arizonacriminaldefenseattorney.com.

Continue reading "DUI DEFENSE MESA AZ -CHALLENGING BREATH TEST RESULTS" »

December 7, 2010

Ways Mesa AZ DUI Attorneys Defend DUI

Field Sobriety Tests Defenses

Field Sobriety Tests
Field Sobriety Tests are standardized tests adopted by the National Highway Traffic Safety Administration (NHTSA). However, many of the best Mesa DUI lawyers don't consider them real or valid tests. This is due to their subjective nature and police biases in reporting performance results. For this reason, many AZ DUI charges are dismissed, evidence suppressed, charges reduced, or other favorable outcomes due to the results of FST challenged by an experienced AZ DUI Attorney who defends DUI charges in Mesa.

The Big Secret Mesa Police Don't Want You to Know
One thing Mesa Police do not usually offer to tell you is that Field Sobriety Testing is
not required under Arizona Law. You have the right to refuse. Some of the best AZ DUI attorneys disagree on whether or not you should agree to take them or refuse. The reason is that if you decline, the Mesa police may arrest you and take you into custody on the spot. Some DUI Attorneys will advise you to take them and let your DUI Attorney challenge the results through the proper legal channels. The choice is yours. Depending on your circumstances, you must make a choice, at the time of the stop. But at least you will know the risks of either choice.

FST results are determined by the Mesa police officer conducting the FST. The FST is the least reliable of any Mesa DUI evidence that they will attempt to use against you. It is sad but true that the Mesa Police may intentionally make it sound like you did poorly on the tests, when in fact; you did as good as or better than someone unimpaired on drugs or alcohol. The Mesa Police want arrests, Mesa Court and prosecutors want convictions.

Interestingly, studies have shown that even persons unimpaired by drugs or alcohol may perform "poorly" depending on many factors which include but are not limited to stress, intimidation, motor skill capability, fatigue from work, medical impairments and many other factors. Just one more justification as to why they are often challenged by experienced DUI Layers who defend cases in Mesa. The actual purpose for the FST is to use it as a preliminary resource, for the officer to make a decision as to whether or not additional DUI or Drug testing is needed. It was never intended to bear the sole weight of convicting you in a court of law of a Gilbert DUI. However, the Gilbert Court and Prosecution will attempt to place more emphasis on the FST evidence if the police report that you performed poorly on the FST.

Below are a sample of arguments for Field Sobriety Tests to be challenged and used as 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 by active winning defense Attorney and author James Novak:

• YOU WERE AT A DISADVANTAGE OF PERFORMING THE TESTS ACURATELY DUE TO UNFAVORABLE ROADSIDE CONDICTIONS, INCLUDING BY NOT LIMITED TO SUCH THINGS AS INCLIMATE WEATHER, HEAVY TRAFFIC, UNLEVEL GROUND, OR OTHER ENVORNMENTAL OR LANDSCAPING ASPECTS THAT WOULD ADVERSELY IMPACT THE RESULTS.

• ACCORDING TO MEDICAL EXPERTS, THE HORIZONTAL GAZE NYSTAGMUS (HGN) IS NOT A SCIENTIFICALLY VALID TEST UNDER ROADSIDE CONDITIONS. THE TEST MUST BE PERFORMED UNDER SPECIFIED CONDITIONS THAT ARE SIMPLY NONEXISTENT IN A ROAD SIDE ENVIORNMENT. A MAIN CONDITION IS A SPECIFIC TYPE OF LIGHTING THAT MUST EXIST OR BE USED.

• THE POLICE TESTED YOU DISPITE THE FACT THAT YOU WERE AN INAPPROPRIATE CANDIDATE FOR ROADSIDE TESTING UNDER NHTSA STANDARDS. SOME ISSUES THAT MAY DISQUALIFY A PERSON TO BE AN UNFAVORABLE CANDITATE, INVOLVE ISSUES SUCH AS WEIGHT, MEDICAL IMPAIRMENTS, AGE, AND MANY OTHER FACTORS THAT MAY CONTRIBUTE TO INACCURATE OR POOR RESULTS.
• FIELD SOBRIETY TESTS NOT RECOGNIZED BY NHTSA ARE INVALID AND CAN NOT BE USED AGAINST YOU.

• THE POLICE OFFICER FAILED TO REPORT, INDICATE, OR POINT OUT THE LOCATION AND ROADSIDE CONDITIONS WHERE THE FST WAS ADMINISTERED.

• YOU REFUSED TO SUBMIT TO THE FIELD SOBRIETY TESTS. THE POLICE THEN REPORTED YOU REFUSED BECAUSE YOU FEARED YOU WOULD DO POORLY BECAUSE YOU WERE IMPAIRED BY DRUGS OR ALCOHOL.

• YOU PERFORMED POORLY BECAUSE YOU WERE BEING MISTREATED, ABUSED OR FELT INTIMDATED BY THE POLICE.

• THE POLICE INCORRECTLY ADVISED YOU, THAT THE FST WAS MANDATORY OR REQUIRE BY LAW.

These are just a few arguments of many that an AZ DUI Attorney can use to challenge the Field Sobriety Test results that lead to your Mesa DUI charges. You should consult a good Mesa DUI attorney who defends DUI cases frequently. Many of the best AZ DUI attorneys who defend Gilbert DUI cases are not only affordable, but they offer Free Consultations if you have been charged with a Gilbert DUI or criminal offense.

Challenging evidence and utilizing defenses requires your DUI Attorney to have the roper training, education, litigation and defense experience, needed to be effective and successful in defending your case, FST is just one of many areas of multitudes of issues surrounding your DUI that can be challenged in an effort for your Attorney to fight to get your Mesa DUI dismissed, charges reduced, evidence suppressed or the otherwise best possible outcome in your case.

Continue reading "Mesa Arizona DUI " »

October 26, 2010

How to Hire a Good Mesa Arizona DUI Lawyer

"Hiring an experienced Arizona DUI Defense Attorney who defends DUI cases frequently in Mesa AZ, can mean the difference between a conviction or total dismissal, or reduction your criminal or DUI charges."

If you have been arrested for a DUI in Mesa Arizona, you already know Arizona has some of the toughest DUI laws in the Country. Mesa Arizona is very aggressive when it comes to DUIs. One of the most important priorities for Mesa Police are finding, and arresting DUI - DWI drivers, and getting convictions. Their laws fall within the criminal code of Arizona DUI laws that carry severe punishments and sentencing for a DUI conviction. Even for a first time Mesa DUI arrest, you will need a strong and experienced Mesa Arizona criminal defense attorney to fight for you. It is easy to find any DUI Attorney in Mesa Arizona. But it is not so easy to find a good Mesa DUI Lawyer or one of the best Criminal Defense Attorneys to defend you, who defend cases frequently in Mesa Arizona Courts.

If you are arrested for a Mesa DUI, make sure you hire a DUI Lawyer who defends all kinds of DUI and Drug DUI charges on a regular basis in Mesa Arizona. Make sure your Arizona 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 Mesa DUI or Drug DUI Charges.

Choosing a DUI Lawyer to defend your DUI charges may be one of the most important decisions you will ever face. 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.

Maximum penalties allowed by Arizona DUI law can have a devastating impact on your life, family, and future. A good Arizona Attorney will make sure you get a fighting chance, and make sure your constitutional rights have not been or will not be violated. An experienced Mesa Arizona DUI Defense Attorney, who defends DUI cases frequently in Mesa AZ, can mean the difference between a conviction or total dismissal, or reduction your criminal or 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 Mesa Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix, Tempe, Scottsdale, Chandler, Mesa, Arizona and surrounding areas valley-wide.

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.

October 18, 2010

Medication DUI | Drug DUI
"The ultimate goal of the best Mesa DUI defense attorneys is to attempt to get the case dismissed, reduced charges or best possible outcome in your case."

If you face Mesa AZ drug DUI or medication DUI charges you should contact an experienced drug defense attorney, Mesa criminal defense attorney or DUI attorney who defends cases in Mesa AZ as soon as possible. Early retention of an experienced Mesa DUI attorney is one of the keys to a winning defense.

If you test positive for drugs and are subject to drug DUI charges under the Arizona State Laws. These laws are some of the toughest in the country. The mere presence of a drug found in your system is enough for the Mesa police to charge you or any city in Arizona, if the officer believes that drugs impaired your driving to the slightest degree. Medication DUI and Drug DUI charges are considered the same as an alcohol DUI according to Arizona State Law for purposes of conviction and sentencing. The exception to this would be if the drugs involved were dangerous, illegal, or controlled substances. This factor would bring cause for harsher sentencing if convicted as well as additional charges.

Mesa Drug DUI Laws
Any Mesa AZ drug DUI or medication DUI will fall under rule of Arizona State Law and Criminal Codes. Arizona Law prohibits use of driving a vehicle while "impaired to the slightest degree", due to any drug, alcohol, vapor releasing, intoxicating, or toxic substance in the body. Arizona DUI laws are strict. 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). 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)

DUI with Medications, Drug DUI Defense Mesa, AZ
If you have been charged with a Mesa drug DUI or DUI with medications, you will need to hire a good Arizona Criminal Defense, Drug defense or DUI lawyer who defends DUI and drug DUI charges in Mesa Court frequently. It takes a lot of education, training, special skills related to toxicology, litigation and defense experience and forensic tools and resources to challenge evidence and charges for a Mesa Drug DUI. A qualified Mesa DUI or criminal defense attorney will fight through the protocol of the Mesa Municipal Court system, examine and challenge toxicology evidence, build a strong defense strategy, file motions, conduct hearings, and all the while provide you guidance and keep you informed. A good Mesa criminal defense or DUI attorney who defends cases in Mesa frequently will also make sure you are treated fairly, your side of the story is presented, and that your Constitutional rights have not been violated. The ultimate goal of the best DUI defense attorneys is to attempt to get the case dismissed, reduced charges and the best possible outcome in your case.

Many of the defenses that may be used can be found at http://www.arizonacriminaldefenselawyer.com/lawyer-attorney-1588988.html both at the website, in the free videos, and free books "101 DUI Defenses"© Book from the "Arizona Winning Defense Strategies" © Series -Author: James Novak, Arizona DUI & Criminal Defense Attorney.

With an experienced AZ DUI Drug Defense or DUI with Medication defense Attorney your chances of getting a good outcome such as evidence suppressed, charges reduced, milder sentencing, or even a total dismissal of your charges increase substantially.

If you have been charged with any Mesa, Arizona DUI, Drug DUI, DUI with Medication, 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 Mesa DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak proudly defends cases in Mesa, Tempe, Phoenix, Mesa, Chandler, Mesa, and surrounding cities within Maricopa County.

August 27, 2010

"How an Extreme DUI charge may be reduced or completely dismissed with a good Mesa Criminal Defense or DUI Lawyer"

The Mesa DUI Attorney you consult will tell you how serious a Mesa DUI can be and the devastating effects it can have on your life and future. But it becomes even more dire if the Mesa DUI is raised to the level of "Extreme DUI". Mesa DUI charge classifications, definitions, penalties, and sentencing falls under the rule of Arizona State Laws. A Mesa DUI charge becomes an "Extreme DUI" if Blood Alcohol Content (BAC) exceeds 0.15%. The BAC level is generally determined by a breath alcohol or blood test administered by the Mesa Police and testing personnel. If the BAC level exceeds 0.20 it is then designated as a "Super Extreme" which carries even more severe penalties and incarceration time if convicted. If you have been charged with an extreme DUI in Mesa, Arizona it is important that you consult a good AZ DUI or criminal defense attorney who defends extreme DUI charges in Mesa on a regular basis in the Mesa Court.

Mesa DUI Laws
Arizona Extreme DUI Laws
"Article 3 Driving Under the Influence
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. {Extreme DUI}

2. 0.20 or more. {Super Extreme DUI}
(Cited in Part from Arizona State Legislature Website)

Mesa DUI Defense Options (first offense Extreme DUI):
First know that that fact that you were charged with a crime does not make you guilty and it is not a conviction. It's just the beginning. It simply means that at the time of the arrest, the police felt they had "probable cause" do charge you with a Mesa DUI or Mesa Extreme DUI. An experienced Mesa DUI Attorney may be able to challenge that evidence and disprove that cause. If you have received a Mesa AZ extreme DUI here are your options:

A. Plead "guilty". You could find yourself facing the max for first offense which includes minimum 30 days jail and up to 6 months; impound of the vehicle you were driving when arrested; use of Ignition interlock device on your automobile, suspension of driver's license up to 90 days, court ordered alcohol or drug treatment program, probation, fines, fees, and or restitution if applicable. A second DUI or third DUI or more carry devastating including extended jail and prison sentences for convictions.

B. Ignore it. If you fail to appear for your court date on the required time and day scheduled, a warrant for your arrest will be issued by the court.

C. Show up to court unrepresented by a good private practice AZ criminal defense or AZ DUI Attorney. This is risky and dangerous to the outcome of your case. The results can land you with the maximum penalties. The prosecution knows the court's protocol, how to argue your case, how to get you to incriminate you, and allow you to incriminate yourself, and how to make their case against you stronger. They will ignore any weaknesses, flaws, or any violations of your rights.

D. Hire a reputable and experienced DUI attorney who defends extreme DUI cases often in Mesa Court. A good AZ criminal defense or DUI lawyer who defends cases frequently in Mesa will fight hard to get your charges completely dismissed, reduced, or in the least a much better outcome in your case. There are many defenses that can be used, and evidentiary issues that can be challenged to accomplish this. A good Mesa DUI Attorney will examine evidence, overturn every stone, determine if there were any violations of your constitutional rights, verify the reason for the DUI stop, "probable cause" police used to justify your arrest, and many more factors. There are factors that may seem irrelevant to you, but a good DUI Attorney may see it as a passage way to a dismissal or other favorable outcome for you, which has a great amount of weight on your case. You will not get such benefits or evidence challenged without a good private practice Mesa, AZ Criminal or DUI attorney. A good private practice DUI Attorney in Mesa may be able to suppress evidence, get your case dismissed, a "not guilty", or a reduction of your AZ 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 Mesa, Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Mesa AZ Extreme DUI " »

August 15, 2010

One Defense Mesa, AZ DUI Attorney can use to get Your Mesa DUI Charges Dismissed

Illegal DUI Stop

If you were face Mesa DUI charges you should contact a Mesa DUI Attorney or AZ DUI Lawyer who defends Mesa DUI charges in the Mesa Courts frequently. The Criminal Defense or DUI Attorney defending charges in Mesa, AZ will ask you some important questions. If you have consulted an experienced Arizona or Mesa Arizona DUI lawyer one of their first questions will be "Why did the Mesa police claim they pulled you over?" Although that may sound like an insignificant question, the answer is imperative to your defense. In fact, it could just lead to a possible complete dismissal of your Mesa DUI charges.

The United States Supreme Court has held that the police or law enforcement entity must have a "reasonable suspicion" that a crime or traffic offense has been committed or is in progress of being committed in order to stop a vehicle. (This does not apply to DUI Sobriety Checkpoint Stops. Those DUI stops are determined in advance by means of a mathematical formula decided by City or County Officials or the Police Department Management for that particular Task Force or DUI Check Point location).

"If your Mesa DUI stop was found to be unlawful, there is strong possibility it could lead to dismissal of your Mesa DUI charges."

If the officer did not have a valid "reasonable suspicion" as described above, then the remedy in negotiations with the prosecution may 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. For example weaving within one's own traffic lane for a short distance or making a wide turn, is not generally unlawful and should not justification for a Police Officer to stop you for suspicion of Drunk Driving in or Drug DUI in Mesa. These types of driving actions are commonly seen in unimpaired drivers.

If the Mesa DUI stop by the police was illegal then your Mesa DUI Attorney will go through the proper channels, argue the defense, and file the appropriate motions to have your DUI charges dismissed. The police work closely with the Mesa prosecutors to justify that their actions of stopping the vehicle and that

"reasonable suspicion" existed for the stop. If the Prosecution and your Mesa DUI Lawyer are unable to reach an agreement, finally, it will be up to the judge to decide if the stop was truly meritless. In some cases charges can be reduced or evidence suppressed. But at the evidentiary hearing, when your Attorney discusses the weaknesses in the prosecutions cases, they are much more likely to negotiate in your favor for the best possible outcome. If your Mesa DUI stop was found to be unlawful, there is strong possibility it could lead to dismissal of your Mesa DUI charges.

To learn more about the many DUI Defenses that can be used to get your case dismissed, charges reduced, or evidence suppressed visit WWW.arizonacriminaldefenselawyer.com. Here you can download free "Arizona Winning DUI Defense Strategies" © books written by winning defense Attorney James Novak, which includes "101 AZ DUI Defenses" ©.

If you have been charged with any Mesa AZ DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI wit child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, 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). The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Gilbert, Phoenix, Tempe, Chandler, Mesa, Scottsdale, and surrounding areas valley-wide within Maricopa County Arizona.

Continue reading "Mesa AZ Laws ׀ DUI Stop " »