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