Articles Posted in Gllbert AZ DUI

HOW TOP DUI ATTORNEYS FIGHT DUI CHARGES IN GILBERT, AZ
Gilbert AZ DUI Charges
If you were arrested in Gilbert AZ for DUI charges you should consult a criminal defense attorney or DUI lawyer who defends DUI charges in Gilbert AZ regularly. Arizona has some of the toughest DUI laws and penalties in the country. Gilbert Arizona in particular, is powered with extra trained DUI task force police units looking for DUI arrests.
Gilbert Arizona prosecutors aggressively pursue DUI convictions. But if you have just been arrested, there is hope. Remember that a DUI Charge is not a conviction.
You have a constitutional right to 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 Gilbert Court.

Gilbert DUI Defense Strategies

SUBSTANCE INTERFERENCE
Did the DUI suspect ingest cough drops, medication, use asthma spray prior to the breath test, or have tobacco chew in the mouth?
Many substances are known to contain various forms and levels of alcohol or any other chemicals that may produce false readings, therefore invalidating the results.

RESULTS CONTAMINATION
Did mouth alcohol contaminate the breath test results?
Was there alcohol in the mouth but not in the bloodstream that produced a misleading BAC reading? Accurate results can be affected by latent oral alcohol caused by burping, belching, residual regurgitation, cough syrup, cold medicines, breath sprays, mouthwash, dentures, denture adhesives, braces, trapped food between the teeth, orthodontics, and or other substances.

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

Gilbert AZ DUI Defenses
There are many DUI defenses that may apply and can be used to defend your DUI charges in Gilbert Arizona. A good DUI lawyer who defends DUI charges in Gilbert 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. Above was 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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How to Hire a Good Gilbert Arizona DUI Lawyer
“Hiring an experienced Arizona DUI Defense Attorney who defends DUI cases frequently in Gilbert 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 Gilbert Arizona, you already know Arizona has some of the toughest DUI laws in the Country. Gilbert Arizona is very aggressive when it comes to DUIs. One of the most important priorities for Gilbert Police are finding, and arresting DUI – DWI drivers, and getting convictions. They have specialized trained motorcycle police teams to do just that. 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 Gilbert DUI arrest, you will need a strong and experienced Gilbert Arizona criminal defense attorney to fight for you. It is easy to find any DUI Attorney in Gilbert Arizona. But it is not so easy to find a good Gilbert DUI Lawyer or one of the best Criminal Defense Attorneys to defend you, who defend cases frequently in Gilbert Arizona Courts.

If you are stopped and arrested a Gilbert DUI, make sure you hire a DUI Lawyer who defends all kinds of DUI and Drug DUI charges on a regular basis in Gilbert 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 Gilbert 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. Below are some questions you should get answers to, before making a decision as to which Attorney you will hire to defend your case. These excerpts are cited in Winning Defense Strategies Book Series “#1 Arizona DUI Defense”, written by experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak:

• Who will actually be my DUI Attorney?
• Have you met that Attorney before your court date?
• Does my DUI attorney defend DUI and Criminal cases exclusively?
• Will you be the lawyer who is actually handling my case?
• Who is doing all the investigation on my case? Will you be the lawyer who shows up to court with me?
• Will you be switching lawyers on me?
• Can I meet my assigned lawyer before I agree to hire your firm?
• Will I be able to speak to you if I have a question or concern?
• What is it going to Cost?
• What is Your Experience?
• What background do you have that qualifies you to handle my case?
• Have you ever been a prosecutor? If so, where, and for how long?
• What training do you have with the issues involved in my case?
• How many cases like mine have you handled?
• How often do you handle this specific type of case?
• How often do you deal with this particular prosecutor?
• How often do you appear in this court?
• How often do you appear before this particular Judge?
• What is your current caseload?
• How long should I expect to wait to hear back from you if I have to leave a message for you?

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

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GILBERT CRIMINAL ATTORNEY
A good Gilbert criminal defense or Gilbert DUI Lawyer will be your voice in the criminal justice system. They will make sure your Constitutional Rights are not violated. They will build a solid and effective defense on your behalf. Top criminal Attorneys will press compelling arguments in your defense to the Gilbert Criminal Court and prosecution. There is no substitute for an experienced Gilbert AZ criminal attorney or DUI lawyer who defends cases in Gilbert, AZ who is also a skilled litigator.

For more Arizona criminal defense help, DUI defense help, free DUI defense books, and free DUI and criminal defense videos visit: http://www.arizonacriminaldefenselawyer.com

If you were arrested in Gilbert AZ or face criminal or DUI charges s in Gilbert 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 and defends cases frequently in Gilbert AZ. Most importantly, your Gilbert criminal attorney or Gilbert DUI lawyer should be extremely familiar with the defenses that can be used to build you a solid and effective defense needed to challenge your Gilbert criminal or Gilbert DUI charges. An experienced Gilbert Criminal Attorney or DUI Lawyer in Gilbert will determine the best defense strategy to use, based on the circumstances of your criminal or DUI charges. Your Gilbert criminal defense attorney or DUI lawyer in Gilbert will use these defenses along with 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 BEING ARRESTED IN GILBERT

• Arrest – In order for a Gilbert, 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 usually be placed in hand cuffs and taken into Gilbert police 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 Gilbert Criminal 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 Court know that you do not dispute the 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) 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 Gilbert Court 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 in Gilbert
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 criminal attorney. If you decide on your own without consulting a Gilbert criminal attorney or Gilbert DUI lawyer to waive any of your rights, you may take the chance of jeopardizing your case and any defenses that otherwise could have used in your defense. You are not required to assist the Gilbert Police or Gilbert Court Prosecutor 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 Gilbert criminal defense attorney or trial lawyer in Gilbert who is experienced in criminal defense litigation.

Criminal Law Gilbert
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
If your arrest or charges for DUI or Criminal charges in Gilbert AZ, Arizona you will be subject to the rules of authority of Arizona State Laws of Arizona cited above.

Criminal Attorney Gilbert AZ
Your future depends upon a strong defense by a criminal attorney who defends criminal or DUI charges frequently in Gilbert Criminal Court. The choice is always yours to retain a criminal or DUI lawyer or not. However, given the harsh laws and punishments for Gilbert criminal and Gilbert DUI charges it is strongly recommended that you at least consult a criminal defense or DUI lawyer. The cold fact is that the Gilbert prosecution is always relieved if the defendant chooses to go unrepresented because it makes their job easier to convict you. If fact, going to Gilbert Criminal Court without qualified criminal attorney or DUI lawyer is certain to “fast track” a Gilbert DUI or criminal conviction.
Some feel the Gilbert criminal justice system is a vast maze of procedures, time-lines, and protocol, all set up to convict them. There is much truth to this. The process can be extremely exhausting, overwhelming and defeating for an unrepresented defendant. It is the job of the Prosecution to convict you. And they will work closely with police to get that conviction. Without good legal representation by a Gilbert criminal attorney or DUI lawyer who defends cases frequently in Gilbert, you may unintentionally say or do something that will unknowingly harm your defense, and strengthen the Prosecution’s case against you. You don’t want to unknowingly contribute to your conviction.

A good Gilbert criminal defense or Gilbert 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 in your defense to the Gilbert Criminal Court and prosecution. There is no substitute for an experienced Arizona criminal attorney who is a skilled litigator. They will know the most effective defenses to use, and building a foundation for your defense. Hiring a good criminal attorney who defends cases often in Gilbert court will drastically increase your changes of getting your charges dismissed, reduced or the otherwise best possible outcome in your case.

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

If you face Gilbert AZ drug DUI or medication DUI charges you should contact a an experienced drug defense attorney, Gilbert criminal defense attorney or DUI attorney who defends cases in Gilbert AZ as soon as possible. Early retention of an experienced Gilbert 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 Gilbert 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.

Gilbert Drug DUI Laws
Any Gilbert 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 Gilbert, AZ
If you have been charged with a Gilbert drug DUI or DUI with medications, you will need to hire a good Arizona Criminal Defense, Drug defense or Gilbert DUI Attorney who defends DUI and drug DUI in Gilbert on a regular basis. It takes education, training, special skills related to toxicology, litigation Experience and forensic tools needed to challenge Gilbert, 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 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 Gilbert, 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 Gilbert DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak proudly defends cases in Gilbert, Tempe, Phoenix, Mesa, Chandler, Gilbert, and surrounding cities within Maricopa County.

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A “Gilbert Felony DUI” is also known interchangeably as “Aggravated DUI” If you’ve been charged with a Gilbert Felony DUI (Driving under the Influence) in Arizona, the most important thing you can do right now is to contact a good Arizona Criminal Defense Attorney or Felony DUI Defense Lawyer who defends cases frequently in Arizona Court. .

A Gilbert Misdemeanor DUI is raised to an even more serious level of a
“Gilbert Felony DUI ” under Arizona State Law in the following circumstances which have been paraphrased from A.R.S. 28-1383:

• DUI charges involving an auto accident resulting in bodily injury or significant harm to another person or persons.

• DUI manslaughter – When the Accident with DUI results in a fatality of another while you were impaired under the influence of alcohol or drugs or combination.

• The current DUI charge is your third DUI within 7 years
• Arrested for DUI while on a on a suspended or revoked driver’s license
• Driving under the influence of alcohol or drugs impaired, and with a minor, in
Arizona that is age 15 or under) in the motor vehicle that you were driving. .

Gilbert Felony DUI Penalties under Arizona Law- Arizona Revised Statutes
Gilbert AZ Felony DUI Penalties are cited under Aggravated DUI A.R.S. 28-1383 and A.R.S. § 28-1383, up to 10 years. A.R.S. §13-902(B):
• Four months in Jail or Prison, if you have no prior criminal record or felony convictions. Also this is subject to circumstances if serious injury or a fatality has occurred, this sentencing may be significantly harsher.
• Up to $150,000.00 plus 80% surcharge
• $1500.00 prison assessment
• $250.00 abatement fee
• Evaluation Costs
• Drug or Alcohol Treatment & Counseling Costs
• Probation and probation Fees
• Driving Privileges revoked for up to 3 years
• Court ordered Ignition Interlock Device for your auto. .

Gilbert DUI and Felony DUI laws and penalties are constantly changing. This is why it is so important to hire an experienced, highly qualified Arizona Criminal Defense or AZ DUI Lawyer who defends cases often in Gilbert, Arizona. Your criminal defense attorney must be well versed on the Gilbert AZ law, Courts, Protocol, how to use the Law and Constitution in your defense; But most importantly, they must be extremely knowledgeable as to what defenses can be utilized the most effectively based on your circumstances in an effort to get the ultimate best outcome in your case.

All hope is not lost if you have been arrested for a Gilbert AZ DUI. Don’t give up. You can get a second chance by hiring a good Arizona DUI Lawyer who defends cases in Gilbert. To help you get informed on some of your defenses, You can download for free the winning defenses outlined in the Arizona DUI Winning Defense Strategies Book Series © which includes “101 Arizona DUI Winning Defenses” © written by experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak. Simply visit www.arizonacriminaldefenselawyer.com
The Attorney you choose to defend your Felony DUI in Arizona may mean the difference between getting a conviction and getting your charges dismissed. It may be the one of the most important decisions you make in a lifetime.

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

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Field Sobriety Tests – “What Police Don’t Want You to Know”
Good Gilbert DUI Attorneys may get your Gilbert DUI Charges dismissed by challenging the results of your Field Sobriety Tests
Field Sobriety Tests
Field Sobriety Tests (FST) is standardized tests adopted by the United States National Highway Traffic Safety Administration (NHTSA). To the contrary, many of the best AZ DUI attorneys don’t consider them true or realistic tests, due to their subjective nature and police biases in reporting 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 Gilbert, AZ.
What Gilbert Police Don’t Tell You
One thing Gilbert Police don’t want you to know is that Field Sobriety Testing is
not required under Arizona Law. Some of the best AZ DUI attorneys disagree on whether or not you should agree to take them when the police ask you to. The reason being, that if you refuse, the police may arrest you on the spot. Some DUI Attorneys will advise you to take them and let your DUI Attorney challenge them through the proper legal channels. The choice is yours. Depending on each person’s set of circumstances, they must make their own choice, at the time of the stop.

FST results are determined by the Gilbert police, and are the least reliable of any Gilbert DUI evidence that can be used against you. It is sad but true that the Gilbert Police may intentionally make it sound like you did more poorly on the tests, then you actually did. . The Gilbert Police want arrests. Gilbert Court wants convictions. But studies have shown that even persons unimpaired by drugs or alcohol may perform “poorly” depending on many factors including stress, intimidation, motor skill capability, fatigue from work, medical impairments and many other factors. This is another reason why they are often challenged by experienced DUI Layers who defend cases in Gilbert. The actual purpose for the FST is to use it as a preliminary source, to assist the officer in determining if further DUI testing is needed. It was never intended to bear the weight of convicting you in a court of law of a DUI. But the prosecution will attempt to place more weight on that 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 HAD THE DISADVANTAGE OF PERFORMING THE TESTS UNDER UNFAVORABLE ROADSIDE CONDITIONS INCLUDING BY NOT LIMITED TO WEATHER, ENVIRONMENTAL OR LEVEL LANDSCAPING.

• 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 LIGHTING AND OTHER CONDITIONS THAT SIMPLY DO NOT EXIST DURING A ROAD SIDE ENVIRONMENT.

• THE POLICE TESTED YOU WITH FST WHILE IGNORING THE FACT THAT YOU WERE AN INAPPROPRIATE CANDIDATE FOR ROADSIDE TESTING UNDER NHTSA STANDARDS. SOME ISSUES THAT MAY CAUSE A PERSON TO BE AN UNFAVORABLE CANDIDATE FOR THE TEST INCLUDE BUT ARE NOT LIMITED TO WEIGHT RESTRICTIONS, MEDICAL IMPAIRMENTS, AGE, AND MANY OTHER FACTORS THAT MAY CONTRIBUTE TO POOR RESULTS.
• FIELD SOBRIETY TESTS NOT RECOGNIZED BY NHTSA ARE INVALID.

• 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 DID POORLY ON THE TESTS BECAUSE YOU WERE BEING MISTREATED, ABUSED OR FELT INTIMIDATED BY THE POLICE.

• THE POLICE UNTRUTHFULLY 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 Field Sobriety Test results that lead to your Gilbert DUI charges. You should consult a good Gilbert DUI attorney who defends DUI cases frequently. The proper training, education, litigation and defense experience, are needed to properly challenge these issues. FST is just one of many aspects of your DUI that can be challenged in an effort for your Attorney to fight to get your Gilbert DUI dismissed, charges reduced, evidence suppressed or the otherwise best possible outcome in your case.

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

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One Defense used by Gilbert DUI Attorneys that
May Get Your Gilbert DUI Charges Dismissed
Illegal DUI Stop

If you were arrested for a Gilbert DUI, you should immediately consult an AZ DUI Lawyer who defends Gilbert DUI charges in the Gilbert Courts on a regular basis. Your Gilbert DUI Attorney will ask you some important questions. One of the first questions a good AZ DUI attorney will ask you is “Why did the Gilbert police claim they pulled you over for the stop? Although that may sound like an irrelevant question, the answer is imperative to your defense. In fact, it could just lead to a possible complete dismissal of your Gilbert 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 in order to stop a vehicle. (This does not apply to DUI Sobriety Checkpoint Stops, which require an advanced mathematical formula decided by City or County Officials or the Police Department Management as to which vehicles to stop).

“If your Gilbert DUI stop was found to be illegal, there is strong possibility it will lead to your Gilbert DUI charges being dismissed.”

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 Gilbert. These types of driving actions are commonly seen in unimpaired drivers.

If the Gilbert DUI stop by the police was illegal then your Gilbert DUI Attorney will go through the proper channels, argue the defense, and file the appropriate motions to have your DUI charges dismissed. The police officer works closely with the prosecution, to justify that their actions of stopping the vehicle are convincing that “reasonable suspicion” existed for the stopped. If the Prosecution and your Gilbert Defense Attorney 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.

The best outcome of course is that if the prosecution agrees or judge decides that your Gilbert DUI stop was found to be illegal, there is strong possibility it will lead to your Gilbert DUI charges being dismissed. 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 Gilbert 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, Scottsdale, Mesa, and surrounding areas valley-wide within Maricopa County Arizona.

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“The fact that you were charged with a Gilbert DUI does not make you guilty”
“An Extreme DUI charge can be reduced or dismissed with a good Gilbert Criminal Defense or DUI Lawyer”
Any Gilbert DUI Attorney you will advise you of how serious a Gilbert DUI can be and how committed Gilbert Prosecution is, in going after Gilbert DUI convictions. Gilbert, Arizona Police Department’s reputation precedes itself for being one of the most aggressive cities in Arizona for DUI arrests and their active search for drunk drivers. A Gilbert AZ Extreme DUI is even more serious with negative impacts that can last a lifetime. Gilbert DUI laws, classifications, and penalties, fall under the rule of Arizona State Laws. A Gilbert DUI charge becomes an “Extreme DUI” if Blood Alcohol Content (BAC) exceeds 0.15%. The BAC level is measured by a breath alcohol or blood test administered by the Gilbert Police and testing personnel. If your BAC level exceeds 0.20 it is then designated as a “Super Extreme” which brings more severe penalties including longer jail or prison time, along with other severe penalties if convicted. If you have been charged with an extreme DUI in Gilbert, Arizona it is important that you consult a good AZ DUI or criminal defense attorney who defends extreme DUI charges in Gilbert on a regular basis in the Gilbert Court.

Gilbert 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)

Gilbert DUI Defense Options (first offense Extreme DUI):
The fact that you were charged with a crime does not make you guilty. A charge is not a conviction. It simply means that at the time of the arrest, the police felt they had “probable cause” do charge you with a Gilbert DUI or Gilbert Extreme DUI. An experienced Gilbert DUI Attorney may be able to challenge that evidence and disprove that cause, along with the use of other defenses. Sometimes all your DUI Attorney needs is one good defense. If you have received a Gilbert AZ extreme DUI here are your options:
A. Plead “guilty”. You could face (for first offense) minimum 30 days jail and up to 6 months; have your vehicle impounded; be required to use an Ignition interlock device on your automobile; have your driver’s license suspended up to 90 days, be required to attend alcohol or drug treatment program; be put on probation; be subject to court ordered fines, fees, or restitution depending on your case. A second DUI or third DUI or more carry devastating punishments 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, and not recommended by most criminal defense or DUI lawyers. The results can lead you to a conviction fast. 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 Gilbert Court often. A good AZ criminal defense or DUI lawyer who defends cases frequently in Gilbert will know the system, the judges, the prosecution, protocol and most importantly what defenses can be used to negotiate a DUI charge dismissal, or reduction, and get the best possible outcome in your case.

There are many Arizona DUI defenses that can be used, and evidentiary issues that can be challenged to accomplish this. A good Gilbert 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 in your case. You will not get such benefits or evidence challenged without a good private practice Gilbert, AZ Criminal or DUI attorney. Your chances of getting an Extreme DUI charge can be reduced or dismissed increase drastically with the defense of a good Gilbert Criminal Defense or DUI Lawyer.

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

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The Best Gilbert, AZ DUI DWI lawyers use AZ DUI laws to try and get your Gilbert DUI Charges dismissed.

“Here is just a small sample of 10 Defenses your Gilbert DUI Attorney fighting your Gilbert AZ DUI charges may use…”

Gilbert Arizona has a well known reputation for being one of the most aggressive cities in Arizona for DUI stops, DUI arrests and DUI prosecutions. Arizona DUI Defenses exist that the best DUI Attorneys who defend cases regularly in Gilbert can use to challenge your Gilbert DUI Charges, in an effort to get your case dismissed or brought down to less serious charges. There are countless defenses that can be used depending on you’re the circumstances surrounding your Gilbert AZ DUI charges. Many of these are used by winning defense and trial Attorney James Novak, AZ DUI defense Attorney and author of three “Arizona Winning Defense Strategies Books ©” one of which is entitled “101 DUI AZ Winning Defense Strategies” © Book.

Note to reader: Abridged versions of all three AZ criminal defense and DUI defense books can be downloaded free of charge to the public simply by visiting www.arizonacriminaldefenselawyer.com. Here is just a small sample of 10 defenses that your Gilbert DUI Attorney fighting your Gilbert AZ DUI charges may use in an attempt to get your case dismissed, charges reduced or otherwise best possible outcome on your Gilbert AZ DUI Case.

1. Were You Actually Driving or in Physical Control of the Vehicle?
Arizona Prosecution must prove that you were driving or in actual physical control of a vehicle while impaired. The state may be unable to meet this burden of proof, if there were no witnesses to testify. Most recently, Arizona case law surfaced causing this factor to be stricter when it was determined that the defendant was found to have had the “Potential” to be in actual physical control of the vehicle. However, that does not stop your private practice DUI defense Attorney from challenging the evidence surrounding your Gilbert AZ DUI. Each case has its own set of circumstances. .
2. Did The Police Have Reasonable Suspicion to Stop Your Vehicle in the First Place?
A police stop is unlawful if there was no reasonable suspicion for the police to make a stop of a driver. So if the officer lacked a valid reason for the traffic stop, any evidence of a Gilbert DUI resulting from an unconstitutional stop by the police must be suppressed, and may not be used to try to convict you.

3. Did the Police have “Probable Cause” to Arrest You?

“Probable cause to arrest” is a much higher standard than “reasonable cause to stop”.
The officer can’t arrest at a whim without probable cause and means valid evidence.
The Police must have valid and reliable information which would lead a reasonable person to conclude that the person is drunk driving in Gilbert, AZ, driving under the influence of drugs for Gilbert Drug DUI, other toxic substance in addition to or absence of alcohol at time of the Gilbert DUI arrest. Otherwise the Gilbert arrest is unlawful, evidence dismissed or case completely dismissed depending on the circumstances and what can be negotiated with the prosecution and your Gilbert Defense Attorney due to that significant weakness in the prosecutor’s case.

4. Where the Field Sobriety Tests (FST’) Administered Properly?

The National Highway Traffic Safety Administration (NHTSA) has established procedures, protocol and guidelines regarding the administration of Field Sobriety Test. The FST must be a recognized, credible, accurate test conducted by approved and properly trained and certified police officers. If violations exist, FST results can be suppressed, or an argument can be made to challenge the charges completely in an effort to get the case dismissed.

5. Were You Denied The Right to Contact Defense Attorney?
When a person arrested for Gilbert DUI, and requests a lawyer, the police must provide an opportunity as early as possible. You must be given the opportunity to
speak with an attorney either telephonically or in person when it becomes reasonably possible. You have a right to defense counsel, which is inherent in the constitution. Absent a valid and understandable reason as to why you were denied this right, an argument can by made by your attorney for suppression of all evidence to the point your right was honored, or a total dismissal of your Gilbert DUI charges. .

6. Where Your Miranda Rights Read to You at the Appropriate Time?

The lack of the reading of your Miranda Warning, or when the Miranda Rights
rights were read to you, may lead to suppression of evidence, or dismissal of charges, depending largely on the facts.
7. Were Your Breath Test Results Unreliable or Inaccurate due to machine error or malfunction or fault of the officer conducting the test?
In order for breathalyzer test evidenced to be valid, guidelines and protocol must be followed. Some factors that are typically challenged by AZ DUI defense Attorneys
Are the type of device used; preliminary or official breath test results were too far apart; maintenance or recent repairs of the device were required; existence of records that the device was in working order do not exist, and credentials of the officer administering the test.

8. Retrograde an Issue?
In more simple words, this is just a method which compensates for alcohol consumed shortly before driving that could read higher at the time of the test than at the time of driving. Typically, most people require between 30 minutes and a differing number of hours to absorb alcohol in their system. This is a challenging defense and argument to make. Only the most experienced AZ DUI attorneys recognize this as a possible issue in your case and have the training and skills to challenge it. Many jurisdiction in the country, do not even allow the evidence or argument to be admitted.

9. Were the Blood Alcohol Testing (BAC) & Urine Test valid and reliable?
Results of blood alcohol testing are admissible only if the State can establish the blood was drawn by qualified personnel, proper protocol and scientific analysis used. Your Gilbert, AZ DUI Lawyer can also challenge issues surrounding the test administration, labeling of specimen, handling and storage, proof that the specimens and test results were actually yours, and other evidence and other protocol. .

10. Were You Denied an Independent Blood or Urine Test?
You have the right to due process to collect independent, scientific or other evidence that may be in your best interest regarding blood alcohol concentration (BAC). The State may not unreasonably interfere or deny this right. If necessary, your DUI Attorney defending your Gilbert, AZ DUI charges can even have the specimens retested by an independent lab which may lead to suppression of the evidence depending on issues surrounding lab results.

In summary, it is important to know that many defenses exist an can be used to
Get your DUI charges dismissed. But the Gilbert DUI Prosecution will not help you. They don’t want to hear about the weaknesses in the case, or your story, from you. Their job is to convict you, regardless of how polite or kind they may be to you. They turn the other way and ignore any evidence or weaknesses in their case it will help you get better outcome and if you are not represented by a private practice good Gilbert DUI Lawyer. It is very dangerous to go without representation on any Arizona DUI case. The best Arizona DUI attorneys will over turn every stone to look for flaws or weaknesses in the prosecutions case to challenge, and fight to get your case dismissed, reduced to lesser charges, or the best possible outcome in your case.

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

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