Articles Tagged with Gilbert DUI lawyer

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).

Continue reading

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.

Continue reading

“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).

Continue reading

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).

Continue reading