Articles Posted in Mesa AZ DUI

Ways Mesa AZ DUI Attorneys Defend DUI
Field Sobriety Tests Defenses

Field Sobriety Tests
Field Sobriety Tests are standardized tests adopted by the National Highway Traffic Safety Administration (NHTSA). However, many of the best Mesa DUI lawyers don’t consider them real or valid tests. This is due to their subjective nature and police biases in reporting performance results. For this reason, many AZ DUI charges are dismissed, evidence suppressed, charges reduced, or other favorable outcomes due to the results of FST challenged by an experienced AZ DUI Attorney who defends DUI charges in Mesa.
The Big Secret Mesa Police Don’t Want You to Know
One thing Mesa Police do not usually offer to tell you is that Field Sobriety Testing is
not required under Arizona Law. You have the right to refuse. Some of the best AZ DUI attorneys disagree on whether or not you should agree to take them or refuse. The reason is that if you decline, the Mesa police may arrest you and take you into custody on the spot. Some DUI Attorneys will advise you to take them and let your DUI Attorney challenge the results through the proper legal channels. The choice is yours. Depending on your circumstances, you must make a choice, at the time of the stop. But at least you will know the risks of either choice.

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

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

Below are a sample of arguments for Field Sobriety Tests to be challenged and used as defenses taken from “101 DUI Defense Strategies” © Winning Arizona DUI Defense Strategies © Book to give you an idea of a few defense strategies a good Arizona DUI defense Attorney may use to defend your case by active winning defense Attorney and author James Novak:

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

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

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

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

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

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

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

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

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How to Hire a Good Mesa Arizona DUI Lawyer

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

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

Medication DUI | Drug DUI

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

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

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

Mesa DUI Laws
Arizona Extreme DUI Laws
“Article 3 Driving Under the Influence
28-1382. Driving or actual physical control while under the extreme influence of intoxicating liquor; trial by jury; sentencing; classification
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle:

1. 0.15 or more but less than 0.20. {Extreme DUI}
2. 0.20 or more. {Super Extreme DUI}
(Cited in Part from Arizona State Legislature Website)

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

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

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

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

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

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

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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.

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