Articles Tagged with phoenix DUI lawyer

7 common areas top Phoenix drunk driving attorneys target to challenge DUI blood test results that can lead to dismissal of your AZ DUI Charges
.
Phoenix DUI Blood Test Results
If you face drunk driving charges in Phoenix Arizona due to blood test results, you should consult an AZ DUI lawyer who is experienced at challenging blood test results for to discuss your DUI charges and defense options. The best AZ DUI defense lawyers often challenge the blood test results that the prosecution plans to use against you. But sometimes this very same evidence can be used to defend you and even get your AZ DUI charges dismissed.

AZ DUI Laws – 7 Areas to Challenge in AZ DUI Blood Test Evidence

The Phoenix police generally take the blood test and have it processed by their crime lab. In some cases a good DUI defense Attorney can detect violations, errors and defense issues surrounding the blood test evidence, hat can lead to the dismissal of your Phoenix DUI charges. Common errors include, but are not limited to violations concerning the following:

1. The police or personnel taking the test was not properly trained and certified in phlebotomy for DUI and Drug blood drawing; Many Police Department send their officers or other staff for training and certification. The results of a properly trained and certified police officer or other personnel have been upheld for admittance of evidence in court.

2. Temperature, storage, and expiration date guidelines for blood kits were not followed; (Example: Kits were outdated and exposed to extreme Arizona heat of summer in the trunk of a police car);
3. Errors in preservation, storage, and labeling of the blood vial containers; these errors can lead to tainting of the blood and raise questions as to whether or not it is the defendant’s blood sample or was taken from a different defendant. (Yes, it happens);
4. Errors in Arizona criminal law blood taking guidelines;
5. Chemicals used to clean the arm before the blood draw were not proper leading to the tainting of the blood sample;
6. Violations in storage, transport, or processing of the blood by the police and crime lab.

7. The Phoenix Police failed to give you a sample of the blood for your defense, even after you asked for a sample. This is a violation of your rights.

If one or more of these violations or errors exist, your AZ DUI lawyer will recognize it, educate the prosecution and court; present compelling arguments; and file motions in your defense and weaknesses in the State’s case against you. Top AZ DUI lawyers recognize what circumstances present the need to challenge blood results. In many cases this leads to suppression of the evidence on your behalf or a total dismissal of your AZ drunk driving charges.

Continue reading

How an experienced Criminal Attorney Builds a Defense Case

Phoenix AZ a DUI or other criminal charge it is important that you consult a private criminal defense attorney who defends criminal charges in Phoenix Court. You will easily be able to find a good criminal or DUI defense Attorney who provides a Free Consultation. Most of them do.

You may wonder what can an Attorney do that you can not do yourself. A good Phoenix Criminal Attorney or Phoenix DUI lawyer is highly educated, trained and experienced in defending and litigating criminal and DUI charges. They are familiar with the criminal laws of the state of Arizona, as well as case law. Qualified DUI or Criminal Attorneys who defend cases on a regular basis know how to use the authority of law, defenses that can be used, and exercise your constitutional rights to defend you.

Phoenix AZ DUI & Criminal Attorney – How they build your Defense Case
What you may not realize is that behind the scenes a good DUI or Criminal defense lawyer who defends cases in Phoenix criminal court is involved in many activities on your behalf. Once retained, your Phoenix DUI or criminal defense attorney will guide you through every phase of the Arizona criminal justice system, keep you informed and answer all of your questions. Here are some things a good Phoenix AZ DUI defense or Criminal defense attorney will be doing with you as a team, or behind the scenes:

1. Gathering and evaluating all evidence, or lack thereof;
2. Looking for exculpatory evidence (evidence in your favor);
3. Determining what defense strategies and tactics will best serve your defense to get the best outcome in your case;
4. If one is necessary, securing and reviewing independent opinions and reports from experts;
5. Reviewing all documents including but not limited to police reports, your citation, sobriety, breath test, or chemical test results, photographs, and #911 call transcripts;
6. Interviewing, deposing, or questioning arresting police officers; investigative officers.
7. Containing or interviewing other witnesses if available.
8. Creating and mounting a compelling defense case against the prosecution’s evidence and case. Note: This is not something that just happens at trial. An experienced attorney will take every legal opportunity in the criminal justice system phases to utilize defense tactics to get evidence suppressed, reduction in charges, or a dismissal of your case. A good criminal defense or DUI lawyer will waste no time and recognize the opportunities;
9. Participating in court proceedings, other hearings, status conferences, and pre-trial conferences, which focus on legal issues such as admissibility or suppression of evidence; modifying pre-trial release conditions, and plea negotiations; other legal matters regarding your charges and defense.
10. Preparation for trial;
11. Your Phoenix DUI or criminal defense attorney will be working with you and the prosecution to work out a mutually agreeable resolution. This is generally known as “plea agreement”. It would avoid the expense, adverse impacts and uncertainties of trial results. The resolution must be approved by the court as well. Plea negotiations can include but are not limited to more satisfactory resolutions such as modification of the charges to lesser charges and sentencing, an agreement not to file new charges, sentencing of probation instead of jail time, reducing jail or prison sentences, dismissing a portion of the charges or a total dismissal of charges.

A word of caution about choosing a DUI or criminal defense attorney: Take some time to make sure that the DUI and criminal defense attorney you select to defend you in Phoenix AZ court, has the time to devote, knowledge, qualifications necessary, litigation experience, and is committed to doing everything possible to defend you. If you are represented by such an attorney your chances of getting your DUI or criminal charges reduced or dismissed significantly increase.

Continue reading

ONE DEFENSE STRATEGY TOP PHOENIX AZ DUI LAWYERS USE – BUT PROSECUTORS DON’T WANT YOU TO KNOW

Phoenix DUI Charges
If you were charged or arrested Phoenix Arizona for DUI it is important that you consult a Phoenix criminal attorney or Phoenix DUI lawyer as soon as possible to discuss your charges and defense options. Arizona is known for having some of the toughest DUI laws and punishments in the county. However, a charge is not a conviction. Your best chances of getting a good outcome or even a DUI dismissal is to retain a good DUI lawyer in Arizona. They will be review the evidence and facts of your case and determine what defense strategies may be used to fight your Phoenix DUI.

One Phoenix AZ DUI Defense Tactic – Breath Test Inaccurate

“THE 20 MINUTE DUI OBSERVATION PERIOD”
Was the arresting officer writing a report, completing paperwork, conversing with other officers, looking for or preparing equipment, or performing some other activity that diverted their attention from observing you during the required 20 minutes observation period?

In Arizona, the police must carefully and continuously observe an impaired or drunk driving suspect for a minimum 20 uninterrupted minutes prior to administering a breath alcohol test. The reason for this is for the officer to ensure the suspect does not burp, belch, hiccup, regurgitate, eat or drink anything during this period so as not to affect an accurate breath alcohol reading.

Phoenix AZ DUI Defenses
There are many DUI defense strategies that can be used to argue your AZ DUI case against the State and prosecution. A good Phoenix DUI lawyer will know when and how to exercise a DUI defense strategy on your behalf. The above defense is just one of many involves breath testing. 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.

Continue reading

Field Sobriety Tests – What Police Don’t Want You to Know
How the best Phoenix AZ DUI Attorneys may get your Phoenix DUI Charges dismissed by challenging Field Sobriety Tests

AZ Field Sobriety Tests
Field Sobriety Tests (FST) is a standardized battery of tests recognized by the United States National Highway Traffic Safety Administration (NHTSA) and adopted by the states. However, many good AZ DUI attorneys don’t consider them real or accurate tests at all, due to their nature and subjectivity. And because of this, many AZ DUI charges are dismissed, or evidence suppressed, because they can be so easily challenged by an experienced DUI Attorney who practices frequently in Phoenix AZ Courts.
Field Sobriety Tests: What Phoenix Police Don’t Tell You
One thing Phoenix Police usually won’t tell you is that these tests are not mandatory. You are by law, not required to take them. Some of the best Phoenix DUI attorneys disagree on whether or not you should participate in them. The reason for this is that if you refuse, the police may arrest you on the spot. The choice is yours. Some DUI Attorneys will advise you to take them and challenge them and have your DUI Attorney challenge them through the proper legal channels. The choice, however is yours.

FST for performance results are judged by the Phoenix police, and are the least reliable form of DUI evidence that can be used against you. Unfortunately, the Phoenix Police Phoenix police will also make it sound like you did poorly on the tests. But the fact is that even persons unimpaired by drugs or alcohol may perform “poorly” depending on many factors. This is another reason why they are often challenged by good Phoenix DUI Layers. But the police will use them against you. The purpose is for them to be used a preliminary tool to determine if you show signs of impairment in order for them to decide if further breath, blood, or urine tests are needed.
Below are just a sample of a few arguments for Field Sobriety Test 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 ON YOUR FST DUE TO ADVERSE CONDITIONS AT ROADSIDE SUCH AS CLIMATE, ENVORNMENTAL OR LANDSCAPING.

• THE HORIZONTAL GAZE NYSTAGMUS (HGN) IS NOT A SCIENTIFICALLY VALID TEST UNDER ROADSIDE CONDITIONS.
• FAILURE TO DETERMINE IF YOU WERE A APPROPRIATE CANDIDATE FOR THESE ROADSIDE EXERCISES DUE TO WEIGHT STANDARDS, MEDICAL IMPAIRMENTS, AGE, OR OTHER FACTORS THAT WOULD ADVERSE CONTRIBUTE TO POOR RESULTS.
• NON-STANDARDIZED FIELD TESTS ARE INVALID AND NOT RECOGNIZED BY NHTSA.

• FAILURE TO POINT OUT THE LOCATION AND ROADSIDE CONDITIONSWHERE THE EXERCISES WERE GIVEN.

• YOU REFUSED TO SUBMIT TO THE FIELD SOBRIETY TESTS AND AS A RESULT THE POLICE OFFICER REPORTED THAT YOU REFUSED BECAUSE YOU WERE DRUNK DRIVING AND YOU WERE AFRAID YOU WOULD NOT PASS.
These are just a small sample of all the arguments that can be made against Field Sobriety Test results if you have received Arizona DUI charges. It is important that you consult a good Arizona DUI attorney who defends cases regularly in Phoenix Arizona where you were charged with your Phoenix DUI. It takes experience, training, knowledge and a great amount of defense litigation experience by an AZ DUI Lawyer who defends cases often in Phoenix to challenge these issues properly, and take action to attempt to get your case dismissed, charges reduced, evidence suppressed or the otherwise best possible outcome in your case.

Continue reading

How to Hire a Good Phoenix DUI Lawyer
“Hiring a good Phoenix DUI Attorney can mean the difference between a conviction or total dismissal, or reduction in your charges.”

Phoenix Arizona has some of the toughest DUI laws in the Country, which carry some of the most severe penalties in the country. If you have been arrested in Phoenix AZ for a DUI, you will need a good and experienced Phoenix criminal defense attorney to fight for you. It is important that you find a DUI Attorney who defends DUI charges on a regular basis, and exclusively practices criminal defense. You also want to make sure they defend cases frequently in the court for which you must appear. Your challenge will be to find a good DUI Attorney, or one of the best Criminal Defense Attorneys to defend you. Choosing a DUI Lawyer to defend your DUI charges may be one of the most important decisions you will ever face. Below are just a few facts you want to know before making the decision to hire a DUI Attorney. These excerpts have been cited from Winning Defense Strategies Book Series #1 Phoenix DUI Defense, written by DUI Defense Attorney and prolific Author James Novak:

• Who will actually be my DUI Attorney?
• Will I meet with my Attorney before my court date?
• How much work will my Attorney be putting into my case before my 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?
• Does the Attorney charge by the hour or is it a flat affordable fee?
• Is the fee competitive as compared to what similar DUI Attorneys are hiring?
• How much experience do you have in defending DUI and Criminal Cases?
• 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?

Remember a DUI or other Criminal Charge you are innocent until and only if you are proven guilty. Everyone makes mistakes. It’s how you recover from that mistake that counts more. You can take control of your criminal or DUI charges now, by hiring a strong, experienced Phoenix Criminal and DUI Defense Attorney to fight your charges. Everyone makes mistakes. It’s how we recover from those mistakes that matter most. If you do nothing, you can count on facing the maximum penalties allowed by Phoenix law which will have a devastating impact on your life, family, and future. But a good Phoenix DUI Attorney can mean the difference between a conviction or total dismissal, or reduction in your charges.

Continue reading

Good AZ DUI lawyers use AZ DUI laws to your advantage to help you get your Phoenix DUI Charges dismissed.

“Here is a sample of 10 defenses your Phoenix DUI Attorney can use to challenge your DUI.”

Arizona DUI Defenses exist that the best DUI Attorneys who defend cases regularly in Phoenix can use to challenge your Phoenix 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 Phoenix 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.

(Abridged versions of all his Arizona Criminal and DUI Defense Books can be downloaded free of charge to the public and can be downloaded at absolutely no charge with no obligations at www.arizonacriminaldefenselawyer.com). Here is a sample of 10 defenses your Phoenix DUI Attorney cited in his books that can be used to challenge your Phoenix DUI charges, and suppress the prosecution’s evidence to pursue the ultimate goal of case dismissal or in reduction in DUI charges of DUI sentencing:

1. You were not Driving or Actual Physical Control.
The Arizona Prosecutor 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 made this factor even more strict when the defendant was found to “Have the Potential to be in actual physical control and was convicted on the basis of potential.” However, that does not stop your private practice DUI defense Attorney from challenging the evidence surrounding it to disprove the allegation in your defense.
2. The Police Officer Had No Reasonable Suspicion to Stop.
A police stop is unconstitutional if there was no reasonable suspicion that criminal activity is taking place. So if the officer lacked a valid reason for the traffic stop, any evidence of a Phoenix DUI
resulting from such unlawful stop by the police must be suppressed, and can not be used against you.

3. The Officer Had No Probable Cause to Arrest You.
“Probable cause to arrest” carries a much higher standard of evidence than “reasonable cause to stop”.
The officer can’t just go and arrest you without probable cause and valid evidence.
The Police must have valid and reliable information which would lead a reasonable person to conclude that the person is drunk driving, criminal activity has been or is being committed, or is driving under the influence of drugs or other toxic substance in addition to or absent alcohol at time of the Phoenix DUI arrest. Otherwise the arrest is unconstitutional and the case must be dismissed.

4. Field Sobriety Tests (FST’) were not Improperly Administered
The National Highway Traffic Safety Administration (NHTSA) has established guidelines regarding the administration of the FST. They must be official, credible, reliable, conducted by approved and properly trained personnel, as required by NHTSA. If a violation of any of these requirements or protocols exist for any of the tests results used against you, this evidence can be challenged for suppression by your DUI attorney defending your DUI.

5. You Can Not Be Denied Your Right to Counsel
When a DUI person requests a lawyer, the police must provide you with an opportunity to speak with a lawyer telephonically as soon as is reasonably possible. You have a right to defense counsel is an inherent constitutional right. Absent a viable excuse 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 Phoenix DUI charges, depending on circumstances.

6. Your Miranda Rights Were Not Read to You
The lack of the reading of your Miranda Rights or, timing of when those rights were read to your could lead to suppression of evidence.
7. Breath Test Device results were unreliable, inaccurate, due to user error or machine malfunction
In order for breathalyzer test evidenced to be used against you, proper guidelines and protocol must be followed. Some factors considered are type of device used, preliminary or official breath test results used or compared, maintenance or recent repairs of device, existence of records that the device was in working order, reliability, and even the credentials of the officer administering the test.

8. Retrograde
Put simply, this is a method to compensate for any alcohol consumed shortly before driving that could read higher at the time of the test than at the time of driving. This is due to the fact, that in general most individuals requires between 30 minutes and hours to completely absorb alcohol into their system. This is a challenging defense to use and make an argument for admissibility of evidence. Make sure your Phoenix DUI attorney is experienced and well versed at using this defense.

9. Blood Alcohol Testing (BAC) & Urine Test Issues related to violation of protocol or the issues leading to unreliability of the test results
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 Phoenix DUI Lawyer can also challenge the events surrounding the test administration, proper labeling, storage, transport of evidence and other protocol. .

10. Denial of Independent Test
A person has a due process right to collect independent scientific evidence of their blood alcohol concentration (BAC). The State may not unreasonably interfere with this right. If necessary, addition, your AZ DUI Attorney can even have the specimens retested by an independent lab which may lead to suppression of the evidence depending on issues surrounding lab results.

A word of caution:
It is important to know that many defenses exist that could get your case dismissed. But the Phoenix DUI Prosecution will turn the other way and ignore any evidence or weaknesses in your case if you go unrepresented by a good Phoenix DUI Lawyer. 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.

Continue reading

Arizona Marijuana DUI Defense
The passing of Medical Marijuana Prop 203 does not affect Arizona’s Drug DUI laws.
The fact that you may be a qualified card holder to use Marijuana (pot, weed, grass, cannabis) does not give you immunity against the strict Arizona DUI laws. If you are stopped by the police and determined to be driving “impaired to the slightest degree” with Marijuana in your system, you may be arrested or charged with an Arizona DUI. If you have been arrested or charged with a Drug DUI or Marijuana DUI you should consult an Arizona drug defense, criminal defense, or DUI lawyer as soon as possible to discuss your Arizona DUI charges and defense options.

Arizona Marijuana DUI Laws
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.

Even if you are a certified card holder for Arizona medical Marijuana use, or you have taken any other drug legally prescribed by a licensed physician, or an over-the-counter drug at your local drug store, A.R.S. 28-1381 3.B. will apply. Below are portions of the
Arizona DUI drug laws:
Arizona Revised Statutes
“A.R.S. 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/)

Arizona DUI with Marijuana Testing | DUI Marijuana evidence
The most common way Arizona police test for DUI with Marijuana is through blood testing and Urine testing. Both are controversial with regard to the test results and may be argued by your marijuana DUI defense lawyer as to whether or not they are admissible or should be suppressed as improper evidence depending on many circumstances. The prosecution will usually insist without justifiable circumstances that the blood or urine testing is accurate and admissible as evidence to use against you. A good Arizona defense Attorney will examine the evidence to determine if a compelling argument can be made to suppress it and file the proper motions.

Arizona Marijuana DUI Penalties
Arizona has some of the toughest laws in the country for Drug DUI and any DUI. Below are jail or prison guidelines for DUI convictions. Note this chart does not include other penalties, fines, fees or punishments that apply for Phoenix DUI convictions. References are from A.R.S. 28 – 1381, 28-1382, and 28-1383:

• First DUI (non-extreme) .08+ BAC……………… 24 Hours in Jail
• Second DUI (non-extreme) .08+ BAC……………..30 Days in Jail
• First DUI Extreme .15+ BAC ……………………. .30 Days in Jail
• Second DUI Extreme .15+ BAC……………………. 120 Days in Jail
• First DUI Super Extreme .20+ BAC……………….. 45 Days in Jail
• 2nd Super Extreme .20+ BAC……………………..180 Days in jail
• Felony DUI (with aggravated classification)……4 Months in Prison
.
Arizona Marijuana DUI Defense Attorney
The criminal justice system in Arizona is a maze of procedures, protocol, turbulent legislation, and is not empathetic to persons charged with DUI, or DUI with drugs of any kind. The job of the Arizona prosecution is to convict you. They are not there to help you or to examine defense strategies to help you defend yourself. The judge can not do anything to help you unless proper motions and compelling arguments in your defense are presented through the proper legal channels. You will need a strong criminal defense attorney, Arizona DUI lawyer or criminal defense attorney in Arizona. There is too much for you at stake to go unrepresented by a proper Arizona DUI lawyer. They will be the your ally you need to protect your rights, make sure you are treated fairly, defend you, and do everything possible, to try to get your charges dismissed, reduced or the otherwise best outcome in your case.

Continue reading

Phoenix DUI Lawyers Get DUI Charges Dismissed Often due to Illegal DUI Stop of Person or Vehicle

If your face Phoenix DUI charges, you should consult an Arizona DUI Lawyer who defends DUI charges in Phoenix on a regular basis. Many Good DUI Attorneys will provide you with a free consultation. During your consultation Your Phoenix DUI Attorney will some important questions. Although they may sound like irrelevant questions to you, they will be imperative in your defense, which could lead to a possible dismissal of your charges.

One of the first questions a good AZ DUI attorney will ask you is “What was the alleged reason for the Phoenix DUI stop?

AZ Extreme DUI – Your Options and what a good AZ DUI Attorney can do for you.

“How an Extreme DUI charge may be reduced or completely dismissed with a good AZ DUI lawyer”.

Any Phoenix DUI lawyer will tell you how serious a Phoenix DUI can be and how it can have devastating effects on your life, future and freedom. But it becomes even more serious when it is elevated to an “Extreme DUI. A Phoenix DUI charge escalates to an “Extreme DUI” if the body’s Blood Alcohol Content (BAC) exceeds 0.15%. The BAC level is usually determined by a breath or blood test administered by the Phoenix Police or their Crime Lab personnel. If the BAC level exceeds 0.20 is designated as a “Super Extreme” which carries even more severe penalties and incarceration time if convicted. If you face any Phoenix DUI it is important that your consult an experienced Arizona DUI lawyer who regularly defends extreme DUI charges in the Phoenix Court.

So you made a mistake. That means you are human. There is hope. And you deserve a second chance. Understand first that simply because you were charged with a Phoenix DUI doesn’t mean you are guilty as charged, or that you will be convicted of it. The fact is that the police officer (s) felt at the time they had probable cause for arrest. Examination of the evidence by an experienced DUI Attorney who practices regularly in Phoenix may just disprove that issue. If you have received a Phoenix AZ extreme DUI you must understand your options so you can make a well thought out decision on how to proceed and understand there are consequences that you must live with related to that decision. Here are your options for a first offense Phoenix extreme DUI:
A. Plead guilty with no attempt at defending the charge. You could potentially receive up to the max for first offense:
1) Minimum 30 days jail and up to 6 months,
2) vehicle impound
3) Required Ignition interlock device to be used on your auto (at your expense)
4) Ninety days driver’s license suspension
5) Mandatory alcohol/drug counseling
6) Probation
7) Pay fines, fees, and if applicable restitution. Any other punishment the court deems necessary
B. Fail to appear for your court date that is indicated on the complaint you received. In that event an immediate warrant will be issued for your arrest. The police may go to your place of business, work, or wherever they think they can find you to arrest you.

C. If you qualify financially, there is always an option of using a public defender. Although their job is to defend you, they are often challenged by time and resources due to the very large caseloads they must carry. You need to know your attorney is fighting for you, is accessible, and is examining every aspect of your case and evidence and is in a position to do what it takes to do everything possible to try and get your case dismissed, charges reduced or other outcome. It may be a good investment of your time, to seek out someone you know who has used a public defender. Ask them about what type of defense they were able to provide and the outcome
D. Go to court unrepresented by a good private practice AZ criminal defense or AZDUI Attorney. This is extremely risky and dangerous. The results can land you with the maximum penalties. The prosecutors know the protocol, the evidence, how to argue your case, how to get you to incriminate yourself, how to make their case stronger, and will ignore any weaknesses or flaws in your case. You will most likely end up with the results in option A. above.

E. Hire an experienced AZ criminal defense or AZ DUI Attorney you can find to fight for you and defend your case. You will be surprised to find out, that some of the best attorneys are more affordable, than others not so skilled or experienced. And most good Phoenix DUI attorneys will provide a Free Consultation. You have nothing to lose. A good criminal defense or DUI attorney who practices in Phoenix will fight 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 AZ DUI Attorney will examine evidence or lack thereof; determine if there were any violations of your constitutional rights, reason for the DUI stop, probable cause for your arrest, handling of all evidence, crime lab methods of testing, proper implementation of field sobriety tests, reliability of testing, maintenance and reliability of breathalyzer machines, and many more factors. There are factors that may seem small to you, that the eye of a good DUI Attorney will use as a defense and may have great bearing on your case. You will not get these benefits or evidence challenged without a good private practice Phoenix, AZ Criminal or DUI attorney. A good private practice DUI Attorney in Phoenix may be able to suppress evidence, get your case dismissed, a “not guilty”, or a reduction of your AZ DUI charges. Option E. gives you piece of mind, and the greatest chance at freedom and a new start on life without devastation of an AZ DUI conviction.

If you have been charged with any Phoenix 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 Scottsdale, Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading

You Will Need A Good Criminal Defense Lawyer
Phoenix Laws DUI
A “Phoenix Felony DUI” is also considered an “Aggravated DUI” If you’ve been charged with Felony DUI (Driving under the Influence) in Arizona, the best advice you can get now is to contact an experienced Arizona Criminal Defense Attorney or Felony DUI Defense Attorney.

A Phoenix Misdemeanor DUI is elevated to a Phoenix Felony DUI under the following circumstances and paraphrased from A.R.S. 28-1383:

• DUI charges involving a motor vehicle accident which resulted in bodily injury or significant harm to another person, pedestrian, driver, or passenger in a vehicle.
• DUI manslaughter – When the DUI and Auto accident results in a fatality of another while you are under the influence of alcohol or drugs.
• You have been charged with your third DUI within 7 years
• DUI arrest 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 vehicle you are driving.

Phoenix Felony DUI Penalties under Arizona Law- Arizona Revised Statutes
Phoenix 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 plus 80% surcharge
• $1500 prison assessment
• $250 abatement fee
• Evaluation Costs
• Drug or Alcohol Treatment & Counseling Costs
• Probation and probation Fees
• Driving Privileges can be revoked for up to 3 years
• Court ordered Ignition Interlock Device for your auto once you qualify to get your driver’s license back.

Phoenix DUI and Felony DUI laws are constantly changing. The above laws and punishments are constantly changing. This is why it is so important to hire an experienced, highly qualified Arizona Criminal or AZ DUI defense Lawyer who defends cases often in Phoenix. That AZ DUI Attorney needs to be familiar with defending Felony DUI charges in the court jurisdiction where you were arrested. Your criminal defense attorney must be well versed on the Phoenix 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.

Many winning defenses are 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. 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.

Continue reading