Articles Tagged with Tempe DUi penalties

Felony DUI Tempe, AZ

Felony DUI Attorneys must be extremely knowledgeable as to what defenses can be utilized to get the ultimate best outcome in your case for your Felony DUI charges in Tempe, AZ.”

A Tempe “Felony DUI” is also known as “Aggravated DUI”. If you’ve been arrested or charged with a Felony DUI (Driving under the Influence) in Tempe, AZ the best thing you can do now is to consult a good Tempe, AZ, Criminal Defense Attorney or Felony DUI Defense Attorney who defends cases frequently in Tempe Court. Any Tempe DUI charge is serious. But Felony DUI convictions are even more serious, and can have long lasting adverse consequence on your future, freedom, job, finances, family, driving privileges, and more.

Why you need a Good Tempe DUI Lawyer
“Hiring an experienced Arizona DUI Defense Attorney who defends DUI cases frequently in Tempe, 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 Tempe DUI, make sure you hire a Tempe DUI Lawyer who defends all kinds of DUI and Drug DUI charges on a regular basis in Tempe, Arizona. Make sure your Arizona DUI Lawyer is an experienced litigator; understands the laws, including all the newest and changing laws; breath and blood testing issues, and most importantly, is familiar with defense strategies and methods that can be used in your defense for Tempe DUI or Drug DUI Charges

Choosing a Tempe DUI Lawyer to defend your DUI charges may be one of the most important decisions you will ever make. There are many questions you should get answers to, before making a decision as to which Attorney you will hire to defend your case. These are cited in detail within the Winning Defense Strategies Book Series “#1 Arizona DUI Defense”, written by experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak and can be downloaded for free at www.arizonacriminaldefenselawyer.com. Below are some additional excerpts from the book which explains in detail why you will need a good Tempe DUI Lawyer.

The impacts of a Tempe DUI conviction, are severe and negatively life altering.
If you must ask whether you can afford an Arizona DUI defense lawyer, you should first
ask yourself, if you can afford not to hire an Arizona DUI lawyer. Even for a first time Arizona DUI misdemeanor conviction, there is too much at stake including adverse effects to your job, driver’s license, family, finances, children, future and freedom.

Once you have been charged your file has been attached a court reference number. A mug shot and a case number are all you are in the eyes of the State of Arizona and the Prosecution. Sound cold? Yes, but true. The Prosecution does not care who you are, what you do, or how your family or job will be affected by any of it. All they want is a conviction. That’s what they get paid for. And they will work closely, with the police to get it. They will not look over every detail of your case to evaluate it to determine if the charges are justified, or to determine if any of your constitutional rights were violated. The prosecution’s job is not to protect you, provide a defense, or help to find a way to minimize the adverse impacts to you due to the charges. They prosecute and want convictions. A Judge does not, and can not intervene until a motion is filed or your sign a plea agreement or take the matter to trial. “Telling” your side of the story to the Judge will not have favorable effect on your situation. The Judge does not have authority to dismiss the case until a proper Legal defense challenge is made on your behalf by your Arizona Defense Attorney, or the jury returns a Not-Guilty Verdict on all charges.

The chances of getting an acquittal or not-guilty verdict without a good Arizona Criminal Defense or DUI Attorney are slim to none. The system is complicated. It is a maze of laws, protocol, people and odds against you. You need a strong ally. You need a Tempe Arizona Criminal Defense or Tempe DUI Attorney to build a strong defense for your case. You need someone you can call for answers to questions, to defend you, to protect your constitutional rights, to fight to get evidence suppressed, charges reduced or labor to get your case ultimately dismissed. The chances of any of these favorable outcomes are drastically reduced without the retention of a private Tempe Criminal or DUI defense Lawyer who does this day in and day out.

A Tempe DUI has many factors to evaluate. Including, a violation of your Constitutional Rights, the reason for the stop, the police officer’s handling of the case, proper crime lab testing methods, proper implementation of field sobriety tests, and more. There are many factors in a case that can be challenged to your favor. But you will not get that benefit without the right Tempe Criminal Defense Attorney. The judge and prosecution will look at your case through the mind of prosecution only, not in your defense. Hiring an experienced Arizona DUI Defense Attorney who defends DUI cases frequently in Tempe, AZ, can mean the difference between a conviction or total dismissal, or reduction of your criminal or DUI charges.

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

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Field Sobriety Tests – “What Police Don’t Tell You”
How Good Tempe AZ DUI Attorneys may get your Tempe DUI Charges dismissed by using defenses involving results of your Field Sobriety Tests
ARIZONA Field Sobriety Tests – What They Are
Field Sobriety Tests (FST) is standardized tests adopted by the United States National Highway Traffic Safety Administration (NHTSA) and recognized in most states. To the contrary, many of the best AZ DUI attorneys don’t consider them real tests, due to their subjective and many times police biased nature. For this reason, many AZ DUI charges are dismissed, evidence suppressed, are charges reduced due to the results being challenged by an experienced Tempe DUI Attorney.
Field Sobriety Tests: What Tempe Police Don’t Tell You
One thing Tempe Police do not usually reveal to you is that the FST battery is not required under Arizona Law. According to Arizona law they are not mandatory. Some of the best Tempe DUI attorneys disagree on whether or not however, you should agree to take them or not. 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 ultimately yours, depending on the circumstances surrounding your Tempe DUI stop.

FST performance results are judged by the Tempe police, and are the least reliable form of Tempe DUI evidence that can be used against you. Sadly, the Tempe Police sometimes make it sound like you did poorly on the tests, even if you did well. They want arrests and Tempe Court wants convictions. But the truth of the matter is 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 good Tempe DUI Layers. The intended purpose is for them to be used simply as a preliminary tool to determine if you show signs of impairment in order for the police decide if further breath, blood, or urine tests are needed.
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 DUE TO UNFAVORABLE CONDITIONS AT ROADSIDE SUCH AS CLIMATE, ENVIRONMENTAL OR LANDSCAPING.

• THE HORIZONTAL GAZE NYSTAGMUS (HGN) IS NOT A SCIENTIFICALLY VALID TEST UNDER ROADSIDE CONDITIONS ACCORDING TO MEDICAL EXPERTS DUE TO THE LIGHTING AND OTHER NECESSARY FACTORS TO GET AN ACCURATE RESULT.
• FAILURE TO DETERMINE IF YOU WERE A APPROPRIATE CANDIDATE FOR ROADSIDE TESTING DUE TO SUCH FACTORS RECOGNIZED BY NHTSA STANDARDS WHICH MAY INCLUDE AND ARE NOT LIMITED TO WEIGHT RESTRICTIONS, MEDICAL IMPAIRMENTS, AGE, OR OTHER FACTORS THAT WOULD ADVERSE CONTRIBUTE TO POOR RESULTS
• NON-STANDARDIZED FIELD TESTS ARE NOT RECOGNIZED AS VALID BY NHTSA.

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

• YOU REFUSED TO SUBMIT TO THE FIELD SOBRIETY TESTS SO THE POLICE REPORTED YOU REFUSED BECAUSE YOU FEARED YOU WOULD DO POORLY BECAUSE YOU WERE IMPAIRED BY DRUGS OR ALCOHOL.
These are just a few arguments of a vast amount that your AZ DUI Attorney can be made to challenge Field Sobriety Test results if you have received Arizona DUI charges. It is important that you consult a good Tempe 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 of your Tempe DUI Attorney to get your case dismissed, charges reduced, evidence suppressed or the otherwise best possible outcome in your case.

If you have been charged with any Tempe 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 Tempe DUI Defense Attorney and James Novak (Former Prosecutor).

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AZ Extreme DUI – Your Options – What an experienced AZ DUI Lawyer will do for you.

“How an Extreme DUI charge may be reduced or completely dismissed with a good AZ DUI Attorney”
Any Tempe DUI lawyer you consult will tell you how serious a Tempe DUI can be and how it can have devastating effects on your life, future and freedom. But it is even more serious when the Tempe DUI is upgraded to an “Extreme DUI. A Tempe DUI charge escalates to “Extreme DUI” if your Blood Alcohol Content (BAC) exceeds 0.15%. The BAC level is usually determined by a breath or blood test administered by the Tempe Police or their Crime Lab 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 face any Tempe DUI it is important that you consult a good Tempe, AZ DUI lawyer who regularly defends extreme DUI charges in the Tempe Court.

There is hope. First understand that simply because you were charged and arrested in Tempe for an extreme DUI does not mean you are guilty, or that you will be convicted of that crime. It only means that at the time of the arrest, the police felt they had “probable cause” for arrest. An experienced Tempe DUI Attorney may be able to challenge that evidence and disprove that cause. If you have received a Tempe 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 extreme DUI:
A. Plead guilty and do not defend your Tempe Extreme DUI Charges. 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.

B. Ignore the complaint and fail to appear for your court date on the required time and day scheduled. In that case a warrant for your arrest will be issued by the court. The police may go to the place you work, school, home, or wherever they think they can find you to arrest you.

C. If you meet financial qualifications and other requirements, you may have the 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, and face reduced staffing due to budget restraints. 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. Before you go that route, it is strongly suggested that you talk to someone you know who has used a public defender. Ask them about what type of defense they were able to provide, their experience with the public defender, and the outcome of their case.

D. Show up to court unrepresented by a good private practice AZ criminal defense or AZ DUI Attorney. This is extremely 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 you, and allow you to incriminate yourself, how to make their case against you stronger, and will ignore any weaknesses, flaws, or any violations of your rights. You will most likely end up with the results in option A. above.
E. Hire a reputable experienced Tempe criminal defense or Tempe DUI Attorney, the best you can find to defend your case. You will be surprised to learn that some of the best Tempe Attorneys provide free consultations, and if hired, are even more affordable than other attorneys not as skilled or experienced. A good Tempe criminal defense or Tempe DUI lawyer, 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 Tempe 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 Tempe, AZ Criminal or DUI attorney. A good private practice DUI Attorney in Tempe 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 a Tempe AZ DUI conviction.

If you have been charged with any Tempe 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).

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