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.
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.