Arizona Criminal Defense Attorney Blog

Articles Posted in Scottsdale AZ DUI

Guy Drinking Bar - shutterstock_40585228_edited-1.jpgDUI Field Sobriety Tests

Field Sobriety Tests are a battery of preliminary roadside test that police administer to detect DUI drivers. National Highway Traffic Safety Administration (NHTSA) developed to these roadside tests to be used in early detection of DUI impaired, and DWI drivers. Police officers are formally trained and accredited to administer the tests. They are conducted on the roadside at a DUI stop. The police must have a motorist’s consent of the driver in order to administer them, because they are not mandatory in Arizona.

Standard Field Sobriety Tests
Police officers have been known to conduct other DUI sobriety tests. However, NHTSA has only approved three official FSTs, known as Standard Field Sobriety Tests (SFST):

1. The Horizontal Gaze Nystagmus (HGN);
2. The Walk-and-Turn;
3. The One-Leg Stand.

If any other FSTs were conducted, outside of the SFSTs, your criminal defense attorney can move to have the results suppressed, so the results cannot be admitted as evidence against a suspect.

Consequences of Refusing Field Sobriety Testing in Scottsdale AZ

A driver stopped for DUI investigation, has the right to refuse the FSTs since they are not mandatory in Arizona. However, persons should be aware, that there are consequences of refusal. If you refuse the FST and the police feel they have other “probable cause” to make a DUI arrest, the may proceed with arresting someone on “suspicion of DUI”.

Why You Should Refuse to Take FSTs

Most attorneys will advise you to politely refuse to participate in any Field Sobriety Testing. You have a constitutional right to avoid self-incrimination. In most cases these roadside tests will not serve to help a suspect’s defense, whether they are driving impaired due to alcohol or drugs or unimpaired. There are many reasons for this:

• Historically, and statistically, even the Standard FSTs have proven inaccurate;
• The FSTs are administered, judged, and graded unilaterally by police officer who is trying to arrest you, often resulting in bias or non-objectivity of results;
• Many people unimpaired by alcohol or drugs cannot pass the roadside tests. If the suspect fails, it can be used as evidence against them, even if they were not under the influence of drugs or alcohol;
.
• NHTSA rules have strict guidelines regarding instructions and administration of the test; environmental factors; lighting; clothing; landscaping; traffic conditions; candidacy of persons taking it that relate to age, weight, medical conditions and more. If strict guidelines are not followed, the tests results may be invalid;
• They are generally used as evidence against a person and rarely if ever help their defense;
If you have taken or refused a field sobriety test and been arrested for DUI, you should always consult an experienced criminal defense attorney regarding your charges and defense options.

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“In Arizona a you can be charged with DUI even if they did not consume any alcohol or illegal drugs. Find out what defenses experienced DUI lawyers use to challenge Drug DUI charges.”

Arizona DUI with Medications – Drug DUI Charges

You may be charged with Drug DUI under Arizona Drug DUI law A.R.S. § 28-1381. If convicted, you will face the same penalties as an alcohol DUI conviction. The mere presence of a drug in your system is enough for the Scottsdale Police to charge you, as long as they have probable cause to believe you were driving “impaired to the slightest degree. Drug DUI first time-offenses are charged as Class 1 Misdemeanors. Penalties may include: 10 consecutive days in jail; 90 day driver’s license suspension or denial; probation; drug and alcohol education program; fines, fees, costs and assessments that exceed $1,200.00.

http://www.youtube.com/watch?v=IjIEji-HsCQ

Drug DUI Defenses Arizona

Defenses used by experienced Drug DUI lawyers to challenge DUI charges are based on the unique facts surrounding your charges. Some areas targeted for defenses may include:

 “Reasonable Suspicion” for Stop: The United States Supreme Court held that the standard for stopping a person to investigate for DUI requires “reasonable suspicion” that a violation of the law was in progress or occurred (excluding DUI Task Force Stops).

 Probable Cause” for Arrest: For the arrest to be lawful, the standard is elevated from “Reasonable Suspicion” to “Probable Cause”. The police must have probable cause to believe a person is driving impaired due to alcohol or drugs. This requires material evidence, for example a failed Field Sobriety Test (FST), or a driver admitting they were impaired due to drugs while driving.

 Deficiencies or Violations in DUI blood, urine or chemical testing: This includes administration;;collection; transport; labeling; solutions for mixing; preservation; processing; and reporting;
 The drug found in the driver’s system did not cause the driver to be impaired to the slightest degree; and the drugs were legal, and harmless;
 Independent lab results obtained by the criminal defense attorney contradicted lab results reported by the police. This includes inconsistencies, validities, and proper identification of the drug or substance the defendant was accused of having in their system.

 Defense expert testimony raised “Reasonable Doubt” that the drug or medication found in the driver’s system caused impairment to the slightest degree;
 The driver was denied a sample of the DUI blood or chemical test, for the purpose of retesting it independently to admit exculpatory evidence in their defense;
 Constitutional Rights violations
Criminal Defense Lawyer for Drug DUI Charges in Scottsdale AZ

Challenging DUI with Drugs or Medication DUI charges requires special training, education, skills and a vast amount of litigation experience by a criminal defense lawyer. You should retain an attorney who is well versed on not only the law and criminal defense but, forensics; psychology and pharmaceuticals. They will know which areas of the prosecution’s case to challenge in your defense, based on your unique set of facts, and the laws in place. They will defend your rights; and attempt to get the best possible resolution in your case. Your chances of getting a good outcome will significantly increase if you retain legal representation of a private practice criminal defense firm to defend your case.

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

Arizona DUI & Criminal Defense
Serving Tempe, Mesa,Mesa, Chandler, Gilbert, Mesa, Scottsdale, AZ
Free Consultation! Call (480) 413-1499

10 Tips to Finding the “Best” DUI Lawyers in Scottsdale – Proven Results!

If you face Scottsdale DUI or Criminal charges, you want to hire the best DUI or criminal attorney you can find to defend your charges. This is important because your chances of getting a DUI or criminal charge dismissed in Scottsdale AZ increase drastically with an effective DUI or criminal defense attorney representing you. The lawyer you choose may mean the difference between a conviction with harsh penalties and a dismissal of charges.

Find High Rated DUI lawyers who Defend Scottsdale Charges at Affordable Prices

A great number of criminal defense lawyers in the valley defend Scottsdale DUI & criminal charges. A majority of Criminal Defense Firms throughout Maricopa County defend Scottsdale DUI and criminal charges. In other words, you do not necessarily have to hire criminal or DUI lawyer whose law firm is located in Scottsdale. Here are re 10 tips to helping you find high rated criminal defense firms and well qualified DUI lawyers:

10 Tips To Finding the Best DUI lawyer & Criminal Attorney for Scottsdale Charges

1) Narrow your search geographically; that is, decide how far you wish travel to meet with and hire the DUI or Criminal Defense Attorney of your choice;
2) If you or the person you are helping, is currently incarcerated and unable to travel to the criminal defense lawyer’s office, simply call let them know you wish to hire them but need to work out alternative means for meeting, and signing the fee agreement. One example would be in the case where the accused is currently in jail or prison. In that case most lawyers will simply travel to the court or prison to visit them;
3) Narrow your search down to two or three top picks; If you still have questions or need more information, you can contact the AZ State Bar, to make sure they are licensed as an “Attorney” in defense verses, a legal forms processor, paralegal, or other named occupation. Confirm that they are licensed in Arizona to defend Criminal charges in Scottsdale and cities within Maricopa County. Criminal Defense includes the DUI category of defense;
4) Attorneys in other practice areas; Contact lawyers in other practice areas whom you or other family members have used in the past for other legal matters. For example, if you were involved in an auto accident, and were represented by an injury lawyer. Contact them to see if they have a referral for a DUI or criminal defense lawyer;
5) The best source of referral is from friend, family, or other person who you trust; But heed this warning: Do not discuss any specifics or details surrounding your charges. It may harm your defense case for one. Also, that person could later be called as a witness to testify against you regarding statement you made to them. Believe it or not, it happens;
6) Look for Ratings an reviews on the web;
7) Call at least two or three; Sometimes it takes a few more calls than that. Talk with them in person or by telephone; most Scottsdale DUI and criminal defense lawyers provide a free initial consultation. You want to make sure they are “practicing defense attorneys”. Some attorneys no longer practice active defense; They may be Professors teaching at local universities or colleges; or they may be dong Expert or Consultant work only; You will need active legal defense representation;
8) You should avoid asking “if they can get your case dismissed”. They have not been in contacted with the prosecution, seen the evidence, or worked your case. No attorney has a crystal ball. If an attorney “guarantees” they can get your charges dismissed, “run don’t walk” the other way and are telling you what you want to hear; You want a straight shooter who will give you a respectful, truthful response not false hopes;
9) Ask questions about education, training, qualifications; defense and trial experience; and anything else that will make you feel you have found the best defense lawyer for the job.
10) Consider costs and fees; but (emphasis added), don’t make the cost the most important factor in your decision; You’re not searching for the cheapest gallon of unleaded gas in town. There is a lot more at stake to consider, and you need to look at service to value. You won’t necessarily get the best representation for the highest price. To help avoid ineffective assistance of counsel, you need to educate yourself using the tips above and an bit of common sense; that is, if it (the price), sounds too good to be true, it probably is.

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What Scottsdale Prosecutors for DUI DWI and Drunk Driving Charges Don’t Want You to Know!

Hiring an experienced DUI Lawyer who defends drunk driving charges in Scottsdale AZ makes it more difficult for the Arizona Prosecution to get a guilty verdict or convict you. It sends the following clear messages to the prosecution that they would prefer you know:

• That you have taken the Scottsdale DUI charges seriously;
• That you intend to defend yourself against the charges by means of the effective assistance of legal counsel, and experienced Scottsdale Lawyer;
• That to prosecute and convict you will require much time and labor on their part – which is not good news for them. This is due to their heavy caseloads and often reduced staff as a result of necessary state and county budget cuts;
• That there will be no conviction without a challenge of the evidence and charges by your Scottsdale DWI DUI defense attorney. This is in contrast to the swift convictions and harsh sentences the prosecution usually accomplishes when a defendant is not represented by a effective private DUI defense lawyer.
• That the state and prosecution’s evidence and charges against you will be vigorously challenged;
• That your Scottsdale DUI attorney will not allow your rights to be violated;
• That your Scottsdale DUI lawyer may utilize defense strategies that apply to your case that the prosecution did or did not expect; and that the prosecution will need to try to overcome these defenses when they otherwise would not have existed in absence of a good Scottsdale DUI defense lawyer;
• That the defense strategy that will be utilized has the potential to lead to a dismissal or significant reduction of your charges and penalties.
• That your Scottsdale criminal defense lawyer will object to any self-incrimination traps in order to harm the defense;
• That an independent investigation will be completed by the defendant’s Scottsdale DUI lawyer. And all evidence will be examined for weaknesses or flaws and that if unjustified or flawed, your defense attorney will present compelling arguments and motions to the court to request that the flawed evidence not be admitted for use against you.
• That your DUI DWI defense lawyer will promptly challenge evidence obtained by violating your constitutional rights including those related to search and seizure, or any other violation of your fundamental or civil rights.
• That your Scottsdale DUI DWI defense Attorney will promptly challenge the reason for the initial drunk driving stop if it was made without “reasonable suspicion” that the defendant was drunk driving, in the process of committing a crime, or that a crime occurred and the defendant was involved or committed the crime;
• That your Scottsdale DUI DWI defense Attorney will promptly challenge the arrest if it was made without “probable cause”;
• That your DUI defense attorney will seek and produce if available, exculpatory evidence (in favor of your defense);
• That your Scottsdale DUI attorney will make every effort to expose flaws and weaknesses in the prosecution’s evidence and case to defend you that may ultimately lead to a dismissal or reduction in charges; and further, that when a DUI DWI defendant is not represented by a good criminal defense attorney, the Prosecutor would never have brought these weaknesses or flaws to the attention of the court, even if they were well aware of their existence of those flaws in their efforts to convict you. Their job is to convict you not defend you.
• That Your DUI attorney is doing what you needs to be done protect and defend your rights, future and freedom;
• That your DUI defense attorney will make every effort to get your DUI charges dismissed, reduced or otherwise best possible outcome with the least penalties, in your case.

*Arizona Laws are subject to change. You should contact an Arizona DUI lawyer for current information concerning DUI or criminal matters.

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Felony DUI Penalties, AZ DUI Laws Overview
“In dollars and “sense” the cost of retaining a good Scottsdale DUI defense lawyer, is far less a price to pay than the monetary fines, fees, costs, and your freedom, if convicted of a felony DUI in Scottsdale.”

If you face felony DUI charges in Scottsdale, AZ you should consult a Scottsdale DUI lawyer as soon as possible to discuss your charges and defense options. A felony DUI conviction in Scottsdale exposes you to severe penalties. You will need an experienced Scottsdale DUI attorney to defend your felony DUI charges.

Arizona Felony DUI Laws:
There are three factors that will aggravate a Scottsdale Misdemeanor DUI and elevate it to a Felony DUI, also known as Aggravated DUI charges:
1) A.R.S. §28-1383(A) (1): (Paraphrased) The AZ DUI arrest occurred while your drivers license was suspended, restricted or revoked – Class 3 Felony
2) A.R.S. §28-1383(A) (2): (Paraphrased) The Scottsdale DUI charge is your third DUI charge in 7 years. You were convicted of at least two prior DUI charges during the last 7 years. – Class 3 felony
3) A.R.S. §28-1383(A) (3): (Paraphrased) Your current Scottsdale DUI charge was aggravated by the fact that a child under 15 years of age was a passenger in the vehicle while you were driving impaired, DUI, DWI, or Drunk Driving. – Class 6 Felony
DUI Penalties – Felony DUI Sentencing in Arizona
A Scottsdale Felony DUI conviction exposes you to mandatory AZ DUI sentencing guidelines. Each case has its own unique circumstances that may affect the Felony DUI sentencing if convicted. The mandatory DUI penalties under Arizona Law include, but are not limited to the following:

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

*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 Scottsdale DUI conviction may be “aggravated” or
“mitigated”. Aggravated penalties are the result of those factors that surround your Scottsdale DUI that support the prosecution’s case against you. These are factors that will warrant more serious DUI punishments. Mitigating factors are circumstances or evidence that supports your DUI defense and warrant less serious penalties, particularly, those that are discretionary by the judge.

Scottsdale DUI Defense – Felony DUI Charges in Scottsdale AZ
The judge or prosecution will not offer you leniency, out of compassion or the fact that you are not being represented by a private Scottsdale DUI attorney. Without compelling arguments presented or motions filed by your Scottsdale DUI Defense Lawyer on your behalf, 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 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, and intrusive on a person’s life, that they may feel that the situation is hopeless and do not think a Scottsdale DUI Attorney can help them. However, to the contrary, Felony DUI charges are often dismissed or reduced by good Scottsdale DUI defense attorneys. A qualified Scottsdale DUI lawyer or AZ criminal defense lawyer can defend any Scottsdale Felony DUI charge regardless of the severity or classification, or the amount of your Blood Alcohol Content or BAC levels (extreme or non-extreme). In many cases a Scottsdale DUI lawyer is 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 Scottsdale 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 Scottsdale DUI defense attorney is a dangerous path towards a swift Felony DUI conviction in Arizona.

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10 Ways Scottsdale Attorneys Challenge Blood Alcohol Tests

In same cases your blood test results can lead to a dismissal of your Scottsdale DUI charges. If you were arrested for a Scottsdale DUI, based on your BAC results that evidence alone does not mean you will be convicted. In fact, some Scottsdale DUI attorneys may be able to use the blood testing evidence to defend your DUI charges.

Scottsdale DUI Defenses | Challenging Blood Test Evidence
If you were charged with an AZ DUI in Scottsdale based upon your BAC levels from blood test results, you should contact a DUI lawyer or criminal defense attorney who defends DUI charges in Scottsdale AZ on a regular basis. Often your DUI defense attorney can challenge the prosecution’s blood evidence. In many cases this can lead to suppression of that evidence and dismissal of your DUI charges.

Here are some common ways your AZ DUI lawyer might challenge your blood test results:
1. Your DUI defense attorney finds violations and errors in conducting of the blood test;
2. Police or medical personal failed to follow prescribed rules of testing, analysis, preservation, or transport.
3. The Police Officer or other person drawing the blood was not properly trained and certified in phlebotomy and DUI blood testing.
4. Your defense attorney had the sample of the blood you were given for your defense tested by an independent lab. The independent lab results were largely different that the results taken by the police.
5. Due to improper labeling, the blood sample being used against you was not actually yours (Yes, it does occasionally happen).
6. The vial was not properly sealed..
7. The blood kit used by the police was expired.
8. The blood testing kit used to draw the blood was stored in the trunk of the police officer’s vehicle and subject to extreme Arizona heat for a long period of time.
9. The police sent their blood sample to a hospital instead of the appropriate crime lab for processing. Hospital medical personnel are usually not trained or required to follow the strict guidelines for criminal evidence testing procedures and protocols. They are held accountable to their own governing entities for the testing and treatment of patients for medical purposes only.
10. The arresting police officer either refused or failed to draw and give you a second sample of your blood for defense testing. This is a violation of your constitutional rights.

Attorneys – Scottsdale DUI defense
Once you have contacted a prospective DUI attorney to defend your Scottsdale AZ charges, be sure to ask them, initially if they intend to retest the blood. The best Scottsdale DUI lawyers usually do. Also, ask who will be responsible for paying the blood retesting fee charged by an independent lab. This fee can cost between $250.00 and $350.00. Generally, the AZ DUI attorney will include that in the total price of your defense. Sometimes DUI attorneys in AZ will pay the fee on your behalf as a courtesy. But if they require you to pay the fee in addition to their fees for legal defense, and you still wish to hire that Scottsdale DUI lawyer, it is well worth the cost to pay to have the blood sample retested Many DUI charges have been dismissed because they were challenged by the DUI defense attorney. Top rated Scottsdale criminal defense attorneys; will investigate all the aspects surrounding the blood test results. They will then educate the court and prosecution, present compelling arguments and file motions that will lead to dismissal of your Scottsdale DUI charges.

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ONE DEFENSE DUI PROSECUTORS DON’T WANT YOU TO KNOW
Scottsdale DUI Charges
If you were arrested for a Scottsdale DUI you should consult a Scottsdale criminal attorney or Scottsdale DUI lawyer as soon as possible to discuss your Scottsdale DUI charges and defense options. Scottsdale AZ is known for having some of the toughest DUI laws and punishments in the country and Scottsdale is aggressive in pursuing DUI convictions. However, a charge is not a conviction. You have a constitutional right to fight your DUI and retain a DUI defense attorney who defends DUI charges in Scottsdale. Your best chances of getting a good outcome or even a DUI dismissal is to retain a good DUI lawyer in Arizona. They will be review the evidence and facts of your case and determine what defense strategies may be used to fight your Scottsdale DUI.

One Scottsdale DUI Defense Tactic – Second Breath Test Not Timely

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
Scottsdale AZ DUI Defenses
There are many DUI defense tactics that can be used to defend your Scottsdale DUI charges. An experienced and qualified Scottsdale DUI lawyer will know when and how to exercise a DUI defense strategy on your behalf. The above defense is just one 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.

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Scottsdale Arrest | Criminal Rights

A good Scottsdale Criminal Defense Attorney or Scottsdale DUI Lawyer will use the defenses applicable to your particular set of circumstances, along with the shield of your protected constitutional rights to try and get your criminal or DUI charges dismissed, reduced or in the alternative the best possible outcome in your case.

Scottsdale, AZ has some of the toughest laws and penalties for criminal and DUI charges in the United States. If you face criminal charges or were arrested for an Arizona DUI or criminal charges in, you need to retain an attorney who has a vast amount of experience and knowledge of Arizona laws, your constitutional rights, Arizona criminal justice system, and protocol. Most importantly, your criminal attorney should be extremely familiar with the defenses that can be used to build you a solid and effective defense needed to challenge your Scottsdale AZ criminal or DUI charges. An experienced Scottsdale Criminal Attorney or Scottsdale DUI Lawyer will use the defenses applicable to your particular set of circumstances, and your protected constitutional rights in an attempt to get your criminal or DUI charges dismissed, reduced or an otherwise best possible outcome in your case.

What to Expect after an Arrest in Scottsdale
• Scottsdale Arrest – In order for a Scottsdale, AZ arrest to be legal, the police must have “Probable Cause”. This means that the officer has reasonable belief that a crime was committed and you were the one who committed it. If the officer feels probable cause exists you will be taken into custody.

• Booking – Your fingerprints taken, photograph or what some call “mug shot” will be taken; then they will confirm your identity with some routine questioning; they will then research your prior criminal convictions; then they will check to see if you were on probation or parole at the time of the current arrest.

• Arraignment – This is the initial court appearance. At this stage you have formally been charged, but not convicted of the crime and the processing criminal justice system time-lines begin. This is where you may plead 1) guilty, 2) not guilty, or 3) no contest (no contest is when you do not admit guilt on the charges, but this lets the Scottsdale Court know that you do not dispute the Scottsdale criminal charges either).

• Resolution – 1) Charges dismissed 2) negotiated plea agreement for reduced charge or sentencing 3) Trial 4) jury decision of guilty or not guilty 5) Scottsdale judge sentencing if guilty.

• Sentencing – 1) If you are guilty or have agreed to a negotiated plea agreement you will receive your sentencing or penalties by the Scottsdale Judge. The judge has complete discretion to order any sentence that falls within the sentencing range of the crime for which you were found guilty.

Criminal Rights
You have protected rights both under Federal and Arizona State constitutions. It is very important that you do not “waive” any protected rights without the presence or advice of your Scottsdale criminal attorney. If you decide on your own without consulting a criminal attorney in Scottsdale to waive any of your rights, you may jeopardize your case and any defenses that otherwise could have used in the future for your defense. You are not required to assist the police in making its case stronger against you. Some of the common rights you have are listed below and not all inclusive:

1) The right to remain silent;
2) The right to defense by an attorney;
3) The right not to answer questions without your criminal defense attorney present;
4) Your Miranda Rights must be read to you if you are arrested;
5) The right to enter a “Not Guilty” Plea;
6) The right to obtain and produce exculpatory (evidence favorable to your defense) evidence before or at trial;
7) The right to trial by jury;
8) The right to defend your criminal or dui charges before trial;
9) The right to avoid self-incrimination;
10) In the event of trial, the right to cross-examine or confront a witness testifying against you. It is highly recommended that you leave this to your qualified Scottsdale criminal defense attorney or trial lawyer, experienced in criminal defense litigation in Scottsdale.

Criminal Law Scottsdale
Criminal Law in Arizona is strict, and comprehensive. Definitions, Classifications, Sentencing guidelines, and Penalties found in A.R.S. criminal code: Title 13 – Criminal Law http://www.azleg.gov/ArizonaRevisedStatutes
DUI laws and DUI penalties in Arizona are some of the toughest in the United States. They are found in A.R.S. criminal code: Title 28 – Criminal Law http://www.azleg.gov/ArizonaRevisedStatutes
Scottsdale AZ criminal and DUI charges are subject to the criminal codes and rules of authority of Arizona State Laws.

Criminal Defense Scottsdale Attorney
Your future depends upon a strong defense by a criminal attorney who defends criminal or DUI charges frequently in Scottsdale. The choice is always yours to retain a criminal or DUI lawyer. However, given the harsh laws and punishments for criminal and DUI charges in Scottsdale it is strongly recommended that you at least consult a Scottsdale criminal defense or Scottsdale DUI lawyer. The prosecution is relieved when choose to go unrepresented because it makes their job easier to convict you. If fact, going without qualified Scottsdale criminal attorney or Scottsdale DUI lawyer is the fastest and most certain way to get a conviction.

The criminal justice system can feel to a non-attorney as a vast maze of procedures, time-lines, and protocol, and can be extremely overwhelming. Without a Scottsdale criminal attorney or Scottsdale DUI lawyer, you may unintentionally say or do something that will unknowingly harm your defense, and strengthen the Scottsdale Prosecution’s case against you. You don’t want to unknowingly contribute to a conviction.

A good Scottsdale Criminal Defense or Scottsdale DUI Lawyer will be your voice in the criminal justice system. They will build a solid and effective defense on your behalf. Then they will press compelling arguments on your behalf to the court and prosecution. There is no substitute for an experienced Arizona criminal attorney skilled in litigation; gathering and presenting compelling arguments against the prosecution; and knowing the most effective defenses to use, and building a foundation for your defense. Hiring a good AZ criminal attorney will drastically increase your changes of getting your charges dismissed, reduced or the otherwise best possible outcome in your case.
For more criminal defense or DUI defense tips, free videos, and free dui defense books, visit http://www.arizonacriminaldefenselawyer.com

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Just because you were charged or arrested for criminal or DUI in Scottsdale does not mean you are automatically “guilty” of those charges…even if the evidence against you is overwhelming.

Scottsdale Criminal Defense
If you face criminal charges or a DUI charges in Scottsdale AZ, you can fight your charges and win. Your chances increase drastically of getting a good outcome in your case if you hire a good Scottsdale criminal or Scottsdale DUI attorney or Arizona criminal defense lawyer who practices frequently in Scottsdale. Just because you were charged or arrested for criminal or DUI charges doesn’t mean you are “guilty” of those charges…even if the evidence against you is overwhelming.

The fact is that criminal and DUI charges are dropped, dismissed, acquitted every day with experienced Scottsdale Legal Representation from good criminal defense and DUI lawyers on board.

Your Constitutional Rights entitle you to remain silent, be treated fairly, and retain the services of a Scottsdale criminal defense or Scottsdale DUI Attorney– these inherent rights are there for your protection. Don’t let them be abused. Use them to your advantage. The Scottsdale Prosecution and judge want convictions. Only good private practice criminal defense or DUI Lawyer who defends DUI and criminal charges in Scottsdale, AZ frequently will defend your charges, your rights, your freedom and your future.

Defending Criminal Charges in Scottsdale, AZ
You may wonder whether or not you should hire a Scottsdale Criminal defense or DUI defense attorney. First find out what they will or can do for you. In the least, you should contact an experienced criminal or DUI defense Attorney for a consultation. Most of the best criminal defense and Scottsdale DUI lawyers in Arizona provide free initial consultations. You will get insight into your charges, sentencing you will be facing if convicted, and a comfort level in your decision.

What Your Scottsdale Criminal Lawyer will do for you
Here is brief list outlining what a good criminal defense attorney, or experienced DUI lawyer who defends cases in Scottsdale, AZ will do for you:
• File notice to the court that you are being legally represented and request that all communications go through the defense attorney.
• File notice to the court of “not guilty” plea and defenses on your behalf.
• Listen to your side of the story. Educate the prosecution and court about your side of the story through the proper legal channels. Keep in direct communications with your regarding you case.
• Answer questions and address any of your concerns
• Give you guidance and recommendations
• Gather and examine any and all evidence
• Retest any blood or urine specimens, by an independent lab that the prosecution tested and plans to use against you.
• Determine if any of the evidence was mishandled, obtained unlawfully, protocol followed in obtaining the evidence.
• Determine if any violations of your Constitutional Rights occurred.
• Look for weaknesses or flaws in the Scottsdale Prosecutions case
• Mount a strong and effective defense based on the circumstances in your case. A good attorney, with much litigation experience will know which of many defenses should be used based on your situation. Sometimes it takes just one. Sometimes multiple defenses will apply.
• Challenge evidence or lack thereof
• Attempt to suppress evidence if justifiable reasons exist
• Educate the Prosecution and court on weaknesses or flaws in their evidence or case to set the stage for negotiations of a favorable outcome on your behalf.
• Participate in all hearings, conferences, negotiations with the court and or prosecution.
• File all appropriate and necessary motions
• Make every attempt to reduce the criminal or DUI charges
• Make every possible attempt to dismiss the charges.

The earlier your bring your Scottsdale Criminal or DUI Attorney on board, the greater the chances are of your obtaining a successful outcome in your case. This gives your defense Attorney a head start and time to build and mount a winning defense on your behalf. You generally do not get more than one shot at freedom. Do not underestimate the need for a Scottsdale criminal defense or DUI defense Attorney. It may mean the difference between a conviction and a complete dismissal of charges.

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Medication DUI | Drug DUI
You may be charged in Scottsdale AZ for a DUI 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. It is important that you contact a Scottsdale DUI or Criminal defense attorney who defend drug DUI and medication DUI charges on a regular basis in Scottsdale. The mere presence of a drug found in your system is enough for the Scottsdale 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.

Scottsdale Drug DUI Laws
Any Scottsdale drug DUI or medication DUI will default to the rules of Arizona State Law and criminal codes. 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). 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)

Scottsdale DUI with Medications, Drug DUI Defense
If charged with a Scottsdale drug DUI or DUI with medications, you will need to hire a good Arizona Criminal Defense, Drug defense or Scottsdale DUI Attorney who defends DUI and drug DUI in Scottsdale on a regular basis. It takes education, training, special skills related to toxicology, litigation Experience and forensic tools needed to challenge Scottsdale, Arizona a Drug DUI. It is highly recommended that you not go without good Arizona Legal Representation or AZ Defense for Drug DUI, Medication DUI. If you try to take on the monumental task fighting through the maze of the Arizona court system, challenging toxicology evidence, building a defense strategy, filing motions, conducting hearings, and all that goes with it, your charges will most likely end up in a conviction. A qualified defense attorney will make sure your Constitutional rights have not been violated, examine the evidence, challenge the evidence, and determine the best defense strategy to use based on the circumstances 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 Attorney your chances of getting a good to great 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 Scottsdale, 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 Scottsdale DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak proudly defends cases in Scottsdale, Tempe, Phoenix, Mesa, Chandler, Gilbert, and surrounding cities within Maricopa County.