Articles Tagged with mesa DWI

Q and A

What You Need to Know About Mesa Charges and Criminal Defense for DUI DWI or Drunk Driving Charges in Mesa AZ
Q. Do I need a DUI lawyer for my Mesa DUI?

A. Yes. Whether your DUI is a felony or misdemeanor, you should consult an Arizona Criminal Defense or DUI lawyer who defends cases in Mesa AZ as soon as possible. Mesa DUI laws are governed by Arizona State Laws and criminal code. Arizona has some of the toughest laws for DUI in the country. *Most types of DUI charges require jail or prison, and suspension or revocation of your driver’s license, as part of the DUI penalties if convicted. In many cases extremely severe penalties are not deserved. This is true especially in the case of a first time Misdemeanor DUI, non-extreme DUI. Many Arizonans argue that jail is too harsh, unjustified, and costly for the State. A DUI lawyer or Criminal Defense attorney in Arizona understands and is familiar with constantly changing criminal and DUI laws, and current case law that may apply to your case and be able to be used in your favor. They will use the laws to protect you and your constitutional rights, and make every effort to get your Mesa DUI charges dismissed, reduced, or otherwise the best possible outcome in your case.
Q. Can I go to my DUI Court without an AZ DUI Lawyer?
A. Yes. But understand that you will be held to the same standards as any DUI defense attorney would with regard to knowing the deadlines, court standards, protocol, and laws. You will not get any leniency by the court, judge or prosecutor if you are not represented by a DUI DWI lawyer for your Mesa DUI.
Mesa AZ DUI defendants feel the criminal justice system and courts are a vast and complex and set up more to convict you than defend you. That is true in many aspects. The Arizona prosecutor has a responsibility convict you of a DUI and impose the most severe penalties possible.

A DUI and Criminal Defense attorney in who defends DUI charges in Mesa AZ on a regular basis will be familiar with the court systems, judges, prosecution, standards, procedures and protocol. Bottom line, these factors will all work to the advantage of your defense.

Q. Will the court judge be more harsh on me, if I hire an attorney defend my Mesa DUI?
A. No. Defendants are many times surprised to find quite the contrary. The Judges prefer a client to have legal representation or an effective defense attorney to avoid any confusion or misunderstandings regarding the laws, processes and sentencing; and will provide them legal guidance verses having no legal guidance regarding protocol and being accused of an Arizona DUI. The judge can then assume you will you understand fully the ramification of the DUI charges, your plea, the verdict, and consequences resulting from the Arizona criminal justice process.

Q. Will the Arizona Prosecutor treat me differently if I hire a private practice DUI lawyer to defend me for my Mesa DUI charges?

A. The AZ prosecution will generally not mistreat you. However, what they don’t want you to know is that it is a “game changer” for them. When a defendant is not represented by a criminal defense attorney, they know they will be able to get a swift and harsh conviction. They know ways that you may not be aware of, that they can cause you to incriminate yourself or harm your own case. In most situations, have the advantage over you in absence of your having effective assistance of legal counsel. They will likely be more familiar with the AZ laws, courts system, and of having built a case of evidence against you. They know that without an effective DUI defense attorney, it will be difficult for you to challenge that evidence or protect yourself. It makes their job much easier to convict you if you do not have a criminal defense attorney representing you.

*All Arizona Laws are subject to change. You should contact an Arizona DUI lawyer in the jurisdiction or city where you received DUI or criminal charges for current laws, and information relating to your specific DUI or criminal matter.

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Felony DUI Penalties, AZ DUI Laws Overview
“In dollars and “sense” the cost of retaining a good Mesa DUI defense lawyer, is far less a price, than fines, fees, costs, and your freedom, if convicted of a Mesa felony DUI.”
If you were charged with felony DUI in Mesa, AZ you should consult a Mesa DUI lawyer as soon as possible to discuss your case and defense options. A felony DUI conviction in Mesa exposes you to severe penalties. You will need a strong Mesa Felony DUI attorney to defend your Felony DUI charges.

Felony DUI – Arizona Laws:
There are three factors that will aggravate a Mesa Misdemeanor DUI resulting in escalation of the Misdemeanor DUI to a Felony DUI. “Felony DUI” charges are also known as “Aggravated DUI charges”:
1) A.R.S. §28-1383(A) (1): (Paraphrased) You were arrested for DUI while you were driving on a suspended, restricted or revoked drivers license – Class 3 Felony
2) A.R.S. §28-1383(A) (2): (Paraphrased) The new Mesa DUI charge is your third DUI in 7 years. At least two of the prior DUI charges resulted in convictions within the last 7 years. – Class 3 felony
3) A.R.S. §28-1383(A) (3): (Paraphrased) You were charged with driving impaired, DUI, DWI, or Drunk Driving, with a child under 15 years of age was a passenger in the vehicle you were driving – Class 6 Felony
DUI Penalties – Felony DUI Sentencing in Arizona
A Felony DUI conviction for Mesa DUI charges exposes you to mandatory AZ DUI sentencing guidelines. The mandatory DUI penalties under Arizona Law include, but are not limited to the following:

• Jail Sentencing ranging from one day to one year;
• Prison time from 4 months to 2 ½ years;
• Revocation of your drivers license for 3 years;
• Ignition Interlock Device at your expense;
• Fines of Up to $150,000 plus 80% surcharge;
• $1500 prison assessment;
• $250 abatement fees;
• Probation fees;
• Costs for Drug or Alcohol Treatment Screening;
• Costs for Drug or Alcohol Counseling or Treatment Program;
• Supervised probation;
• Felony criminal record
(The above penalties are subject to change based on circumstances surrounding your Felony DUI charges and frequent changes to Arizona Law).

Felony DUI Penalties for a Mesa DUI conviction may be “aggravated” or
“mitigated”. Aggravated penalties are factors that surround your Mesa DUI that support the prosecution and warrant more serious DUI penalties. Mitigating factors are circumstances or evidence that supports your DUI defense and warrant less serious penalties, particularly, those that are discretionary by the judge.

Mesa DUI Lawyer – Felony DUI Defense Mesa AZ
The judge will not offer you leniency, out of compassion or the fact that you do not have good legal representation by a Mesa DUI attorney. Without compelling arguments presented or motions filed by your DUI Defense Lawyer, the judge or prosecution will not generally offer mitigated sentencing. Good DUI defense lawyers will examine the evidence and facts of your case to find those mitigating factors that may lead to more lenient penalties if you are convicted of a felony DUI charge.

The felony DUI penalties are so severe, that often defendants feel that the situation is hopeless, and they do not feel even a DUI Attorney can help them. However, Felony DUI charges are often dismissed completely, or in part, by good Mesa DUI defense attorneys. A qualified Mesa DUI lawyer or AZ criminal defense lawyer can defend any Mesa Felony DUI charge regardless of the severity or classification. Good Mesa DUI lawyers often are able to get evidence dismissed; charges reduced to a Misdemeanor DUI, civil citation, or ultimately get the felony DUI charges dismissed completely.

Early retention of a good private practice Mesa DUI attorney will drastically increase your chances of a dismissal or other good outcome in your Felony DUI case. However, choosing to go without a qualified Mesa DUI defense attorney is a dangerous path towards a swift Felony DUI conviction in Arizona.

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How to Find the Best DUI Attorneys in Mesa, AZ
Arizona State Laws are strict, and punishments severe for DUI charges in Mesa Arizona. First time DUI convictions carry mandatory sentencing of jail time along with other adverse punishments. You will need to hire a good criminal defense or DUI attorney who defends cases often in Mesa AZ to represent you through the Criminal Justice system. They will make sure your rights are protected and do everything possible to get the best outcome in your case.

Here is a short list of resources to look and help you find the best criminal defense attorney to defend you in Mesa Court or other court in Maricopa County for your Mesa AZ Charges:

• The internet. Many attorneys not only have websites, but have a wealth of information on their website that tells you about them, their experience, qualifications and credentials.
• Internet review websites and other public resources on the web.
• Referrals from friends, neighbors, or family. Be cautious not to reveal or discuss and details regarding your case.
• Maricopa County Bar Association.
• Arizona State Bar. Make sure the criminal defense attorney is licensed to practice criminal defense in Arizona. If you were charged in Arizona, you need to hire an attorney who is licensed to practice in Arizona and does so regularly. .
• Once you have selected a few attorneys you wish to speak with, contact them for a Free Consultation. Be sure the consultation is free. Most criminal and DUI attorneys do not charge for the initial consultation,
• Answer any questions the Attorney may have. They will need additional information to help you. Then ask about your defense options and their fees for retention including terms of fee payment. Many attorneys are flexible and will provide a discount if you ask depending on the nature of the charges and the amount of work they will need to put into your case.
• Ask the Attorney all the questions you can about training, education, experience, and qualifications, that you were unable to find out about them through your initial resources.
• Affordability. Compare fees of the attorneys you speak with. Understand that the most expensive attorneys many not provide you with the best defense. And in contrast, the least expensive attorneys many be some of the best DUI and criminal defense attorneys in the state of Arizona.
• Communication. You must feel comfortable in your communications with your attorney. When you hire an attorney, you are the employer. But the fact is you will be working together as a team to get the best possible outcome in your case.
• Trust. You need to feel confident that your DUI attorney can do the job. If they give you advice, there is usually a good reason for it. If you don’t know what that is, ask. You will be working with your attorney as a team. If you do not trust their judgment or competence from the start, your defense will be headed for disaster. So if the basic trust is not there from the start, you should continue your search until you feel that comfort level.

Choosing a Mesa DUI or criminal attorney for your Mesa criminal charges is one of the most important decisions you will make in a lifetime. An unwise decision can cost you not only the attorney fees, but your freedom and future. A wise well thought out decision will increase your chances of getting a dismissal or reduction of charges or sentencing and potential for a fresh start on life. Second chances are rare.

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DEFENSES THAT GOOD MESA DUI ATTORNEYS USE TO FIGHT DUI CHARGES
Mesa AZ DUI Charges
If you face Mesa DUI charges you should consult a Mesa criminal defense attorney or Mesa AZ DUI lawyer as soon as possible. Arizona has some of the toughest DUI laws and penalties in the country for DUI convictions. However, a charge is not a conviction. You have a right to plead guilty and 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 Mesa Court.

Mesa DUI Defense Strategies

BREATH TEST OPERATOR UNLICENSED
Did the breath test operator possess a valid, unexpired operator’s license?
If not, the DUI breath test result is inadmissible.

LACK OF ROUTINE BREATHALYZER MACHINE MAINTAINENCE
Was Breathalyzer Machine used properly and timely maintained?
Breathalyzer Machine Units require routine maintenance checks.

FAILURE TO RECORD THE VALUE SIMULATOR SOLUTION
Did the breath machine operator officially record the value simulator solution used in the test?
The value of the simulator solution used to obtain the suspect’s breath test results is required for the BAC to be admissible in court
Mesa AZ DUI Defenses
There are many DUI defenses that may apply and can be used to defend your DUI charges in Mesa Arizona. A good DUI lawyer who defends DUI charges in Mesa 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. Below is 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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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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