Phoenix DUI Lawyer Blog

DUI Field Sobriety Tests (FST): Why you should refuse to take them.

Wed, 16 May 2012 14:52:16 -0700

DUI Field Sobriety Tests

Field Sobriety Tests are a battery of preliminary roadside test that police administer to detect DUI drivers. National Highway Traffic Safety Administration (NHTSA) developed to these roadside tests to be used in early detection of DUI impaired, and DWI drivers. Police officers who ar formally trained and accredited to administer the tests, conduct them on the roadside following a DUI stop. The police must have the consent of the driver in order to administer them. These tests are not mandatory under current Arizona state law.

Standard Field Sobriety Test

Police officers have been known to conduct other DUI sobriety tests. However, NHTSA has only approved three official FSTs, known as Standard Field Sobriety Tests (SFST)s. They are:

1. The Horizontal Gaze Nystagmus (HGN);
2. The Walk-and-Turn;
3. The One-Leg Stand.

If any other FSTs were conducted, outside of the SFSTs, your criminal defense attorney can move to have the results suppressed, so the results cannot be admitted as evidence against a suspect.

Consequences of Refusing Field Sobriety Testing in Tempe AZ

A driver stopped for DUI investigation, has the right to refuse the FSTs since they are not mandatory in Arizona. However, persons should be aware, that there are consequences of refusal. If you refuse the FST and the police feel they have other "probable cause" to make a DUI arrest, the may proceed with arresting someone on "suspicion of DUI".

Why Criminal Defense Attorneys Advise Against Them in Tempe AZ

Most attorneys will advise you to politely refuse to participate in any Field Sobriety Testing. You have a constitutional right to avoid self-incrimination. In most cases these roadside tests will not serve to help a suspect's defense, whether they are driving impaired due to alcohol or drugs or unimpaired. There are many reasons for this:

• Historically, and statistically, even the Standard FSTs have proven inaccurate.
• The FSTs are administered, judged, and graded unilaterally by police officer who is trying to arrest you, often resulting in bias or non-objectivity of results.
• Many people unimpaired by alcohol or drugs cannot pass the roadside tests. If the suspect fails, it can be used as evidence against them, even if they were not under the influence of drugs or alcohol.
• NHTSA rules have strict guidelines regarding instructions and administration of the test; environmental factors; lighting; clothing; landscaping; traffic conditions; candidacy of persons taking it that relate to age, weight, medical conditions and more. If strict guidelines are not followed, the tests results may be invalid.
• They are generally used as evidence against a person and rarely if ever help their defense.

If you were charged with DUI, and either participated in Roadside DUI testing or refused to participate in them, you should consult a DUI attorney to discuss your case. If retained they will defend your charges, and protect your rights through the criminal justice process. There may be defenses you are not aware of that could lead to a dismissal of charges; suppression of evidence; or reduction of penalties.

Extreme DUI charges: Find out why police charge a driver for three DUI offenses for one incident of Extreme DUI limit.

Mon, 07 May 2012 11:19:30 -0700

Extreme DUI Charges Tempe AZ

Extreme DUI limit for alcohol is 0.15% but below 0.20%. If you are charged with a DUI 0.15% but below 0.20% the police will customarily charge you with three Arizona DUI offenses in the same incident:

1) DUI "Impaired to the slightest degree";
2) DUI above 08%;
3) Extreme DUI above .15%

In absence of "aggravating factors" described under A.R.S. §28-1383 an Extreme DUI charge is a Class 1 Misdemeanor.

Extreme DUI Laws in Arizona:

Under Arizona Law A.R.S. §28-1383 a person may be guilty of an Extreme DUI if they are driving under the influence of drug or alcohol in Arizona; and are driving or in actual physical control of a vehicle while:

• Under the influence of intoxicating liquor, drug, vapor releasing toxic substance; any combination of liquor, controlled substances or any drugs; vapor releasing substances if the person is "impaired to the slightest degree"; and/or

• Have a Blood Alcohol Content Level (BAC) of .15% (but not more than .20%) or more up to two hours after driving; or being in actual physical control of a vehicle; and the BAC of .08%n level is from consuming alcohol, either before or while driving; or being in actual physical control of the vehicle;

• Since the BAC level of .08%; and "impaired to the slightest degree" are also within the range of .15% statutory limit, the police may charge a person with the additional two offenses under Extreme DUI for a total of three DUI charges in one stop.

Extreme DUI Defense Attorney

Penalties for DUI convictions will be more severe for higher the BAC results and repeat offenses. A first time offense for Extreme DUI will result 30 days jail; $2500.00 fines; 1 year ignition interlock device; 90 days driver's license suspension; probation; fines; fees; costs and alcohol screening and counseling. More penalties may apply. It is important that you consult and retain an experienced criminal defense attorney, before pleading guilty or going to court. There may be defenses that you are not aware of that can be used to challenge the charges and evidence that can lead to a reduction of charges or sentencing; dismissal; or other favorable outcome in your case.

Drug Possession Sentencing: The higher the quantity of an illegal drug found in a person's possession, the harsher the penalties.

Fri, 04 May 2012 11:19:06 -0700

Drug Possession Laws in Phoenix AZ

In Arizona, a person may be charged with possession of an illegal drug if they are knowingly in possession of Marijuana, an illegal drug, or a dangerous drug, defined under A.R.S. 34 13-3401. The higher the quantity of a drug a person is found to have in their possession, the higher the sentencing and penalties. One of the reasons for this is that law enforcement perceives a large quantity of an illegal drug as a sign that the drugs are in their possession to sell, intended for sale, manufacture, distribution, or transport. All of these drug offenses call for harsh prison sentencing.

Drug Sentencing Guidelines

Under Arizona Drug laws A.R.S. 13-3419: Arizona has separate sentencing ranges for convictions into two categories:

1) The illegal drug possession charges involved a quantity below the "Threshold Amount";
2) Illegal drug possession charges that equal or exceed the "Threshold Amount".

• Below Statutory Threshold Amount -

Drug Possession with a quantity that falls below the statutory Threshold Amount
may be charged as a Class 5 to Class 2 with prison sentencing of .05 to 12.5 years;

• Equal or Exceeding Statutory Threshold Amounts -

Drug Possession convictions involving quantities that fall below the statutory Threshold Amount may be charged as a Class 5 to Class 2 with prison sentencing .05 to 15 + years.

The Threshold Amount is the amount specified by law under A.R.S.13-3401.36 for a the quantity of a certain drug. The higher the amount over the Threshold, the more severe the Sentencing and penalties. Additional penalties include fines, fees, community service, drug and alcohol counseling or treatment, and other fines deemed necessary by the court.

Sentencing Factors

Other factors besides quantity the court will consider in sentencing if convicted include:

• First drug offense verses repeat offense;
• Prior criminal history, if any;
• Purpose of the drug in a suspects possession (personal use verses sales)
• Other charges brought at the same time (violent or dangerous crimes)
• Mitigating or Aggravating factors
• Classification of drug (Marijuana, Narcotic, or Dangerous Drug)

Criminal Defense Lawyer for Drug Possession Phoenix, AZ

If you face drug possession charges in Arizona, you should consult an experienced criminal lawyer regarding your matter. They will protect your rights and defend you through the criminal defense attorney. Drug crimes of any kind, may expose a person to incarceration, and other harsh penalties. There are often defenses that exist that can be used to challenge the evidence including the quantity of a drug a person is accused of possessing. Your attorney will make sure you are treated fairly; protect your rights, and defend your charges. In some cases they can help you avoid prison or jail sentencing; lower the charges; and or get the charges dismissed. Your chances of getting a favorable decision in your case, will increase significantly with retention of a private practice drug defense attorney.
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Methamphetamine (Meth) Charges: Dangerous Drug Classifications, Laws and Sentencing Guidelines

Tue, 24 Apr 2012 18:10:15 -0700

Methamphetamine "Meth" Charges in Phoenix AZ

Under Arizona Law A.R.S. 13-3401.6 the drug Methamphetamine or "Meth" is classified as a "Dangerous Drug". A person may be guilty of a Dangerous Drug crime if they knowingly possessed any amount of Methamphetamine or "Meth" as defined under A.R.S. § 13-3407.

Arizona Dangerous Drug Offense Law and Classifications

A.R.S. § 13-3407. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification:

A. A person shall not knowingly:

1. Possess or use a dangerous drug (Class 4 Felony):
2. Possess a dangerous drug for sale (Class 2 felony);
3. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug (Class 2 Felony for Meth);
4. Manufacture a dangerous drug (Class 2 Felony);
5. Administer a dangerous drug to another person (Class 2 Felony);
6. Obtain or procure the administration of a dangerous drug by fraud, deceit, misrepresentation or subterfuge (Class 3 Felony);
7. Transport for sale, import or offer to transport for sale or import or sell, transfer or offer to sell or transfer a dangerous drug into Arizona. (Class 2 Felony)

A person may be convicted of Dangerous Drug possession if they knowingly possession any amount of Methamphetamine or "Meth", for any purpose described above.

"Threshold Amount" - A.R.S. § 13-3401

Under Arizona Law A.R.S. § 13-3401. 36 (e) "Threshold Amount" means: means a weight, market value or other form of measurement of an unlawful substance. The specified Threshold Amount for methamphetamine is Nine grams. This includes methamphetamine in liquid suspension; or any combination of those unlawful substances listed under this law. If a person is found to have in their possession an amount that equals or exceeds the Statutory Threshold Limit, for a particular drug, they will be exposed to mandatory prison sentencing. The length of the prison terms a person will face increases based on the amount of the drug that exceeds the threshold limits for that drug.

Sentencing Guidelines for Meth, Dangerous Drug Crime Convictions

If a person is convicted of a methamphetamine or Meth crime, they may be exposed to harsh prison sentencing that can range from 2 to 15 years prison depending on the factors involved. Factors considered for sentencing include:

 Aggravating Factors;
 Mitigating Factors;
 Whether or not the defendant is over 18 years of age;
 Quantity of the substance;
 If the quantity exceeds the Statutory "Threshold Amount";
 Whether or not the crime involved a "Dangerous offense";
 Prior DUI or Criminal offense convictions;
 First time or repeat drug offense;
 If the circumstances caused physical injury to a minor under fifteen years of age ARS § 13-3407(A)(1).

Other penalties include large monetary fines, fees, assessments; mandatory counseling; community service, and other penalties.

Criminal Defense Attorney for Meth Charges, Phoenix AZ

Crimes involving any Dangerous Drug, particularly Meth crimes are very serious charges. All drug charges involving Meth crimes, if convicted, will expose a person to prison sentencing, exorbitant fines; and other harsh penalties. If you were arrested for any illegal drug charge you should consult an attorney who frequently defends drug charges in Phoenix AZ or Maricopa County. A good criminal attorney will make sure your rights are protected; defend your charges; and work to get the best possible outcome in your case. If the charges cannot be dismissed, your attorney will look for mitigating factors that will help get your sentencing reduced, so that it has the least adverse impact on your life as possible.

Drug Possession Laws: Sentencing and Penalties for Drug Possession Convictions

Mon, 16 Apr 2012 16:29:40 -0700

"Arizona has different sentencing ranges for drug convictions: those in which charges involve possession below the "Threshold Amount" and those that involve charges that equal or exceed the "Threshold Amount".

Drug Possession Laws in Arizona

Convictions require "knowledge" of Possession. In order for the prosecution to convict a defendant for possession charges, they have the burden of proving that a defendant had "knowledge" that the illegal drugs were in their Possession. This is the case for any illegal drug including possession of Marijuana, Dangerous Drugs, Narcotics or any other illegal drugs as defined under A.R.S. 34 13-3401.

Arizona Drug Sentencing Ranges -multiple drug offense sentencing ranges:
Most drug charges involve multiple offenses. For example, a person may be charged with Drug possession use; and drug paraphernalia possession. If the quantity of the drug falls below the statutory "Threshold Amount" under law for that drug, the sentencing ranges will be less severe than those exceeding the Threshold Amount". For that reason, Arizona has two different sentencing ranges for possession below verses over the "Threshold Amounts":

A. Below Statutory Threshold Amount - A.R.S.13-3419 (A)(1),(2)

• Second drug offenses -

Class 2 = 3.0 to 3.5 years
Class 3 = 1.8 to 8.7 years
Class 4 = 1.1 to 3.7 years
Class 5 = 0.5 to 2.5 years

• Three + drug offenses -

Class 2 = 4.0 to 12.5 years
Class 3 = 1.8 to 8.7 years
Class 4 = 1.1 to 3.7 years
Class 5 = .5 to 2.5 years

B. Equal or Exceeding Statutory Threshold Amounts A.R.S. 3419 (A)(3),(4)

• Second drug offenses -

Class 2 = 3.0 to 12.5 years
Class 3 = 1.8 to 8.7 years
Class 4 = 1.1 to 3.7 years
Class 5 = 0.5 to 2.5 years

• Third + drug offenses -

Class 2 = 4.0 to 15 years
Class 3 = 2.5 to 1.2 years
Class 4 = 1.5 to 6.2 years
Class 5 = 0.75 to 5.0 years

For sentencing ranges that apply to non-multiple, first offenses, and repetitive drug offenses, the Sentencing Ranges for Arizona General Sentencing Chart Citations will apply.

First-time offenders may be eligible for a Treatment Assessment Screening Center program (TASC) program. This is a diversion program with deferred sentencing. This is not an entitlement or guaranteed program. It may be offered to eligible defendants by request of defense as an alternative to incarceration for guilty of first time, less serious drug offenses. The defendant must meet certain criteria to qualify, and it must be approved by the judge, prosecution, TASC officials. An experienced drug defense attorney will attempt to qualify for the program, if the charges cannot be dismissed.

Personal Possession & Use of Drugs - A.R.S. 13-901.1

• Required Probation - Unless the person is also convicted of a violent offense defined in A.R.S. 36-2501, probation is required for persons convicted of possession or use of controlled substance or drug paraphernalia. Incarceration may not be imposed as an initial condition of probation for a first offense.
• For probation violation convictions resulting from committing any offense listed in A.R.S. 13-34 or 13-34.1 or violation of court ordered drug treatment plan, the person may be incarcerated upon reinstatement of probation.
• The person will be required to participate in a court ordered drug education or treatment plan, at their own expense. As a required condition of probation,
• For convictions of a second drug offense, a person may be incarcerated as a condition of their probation.

Criminal Defense Lawyer for Drug Possession Tempe AZ

If you face drug possession charges in Arizona, you should consult an experienced criminal defense attorney regarding your matter. They will protect your rights and defend you through the criminal justice process. Drug DUI charges have serious consequences if convicted. But they are not always justified. There are often defenses that exist that can be used to challenge the evidence that may lead to dismissal, or other favorable outcome in your case. Your chances of getting a good resolution in your case increase significantly with retention of a private practice criminal defense lawyer.

Arizona DUI arrests increase 29% in 2011 over prior year. Drug DUI arrests increase in staggering numbers.

Tue, 10 Apr 2012 13:25:08 -0700

Arizona DUI Enforcement Statistics for 2011 were released recently from the Governor's Office of Highway Safety. Results concluded that Arizona DUI arrests increase 29% in 2011 over prior year. Drug DUI arrests were made in staggering numbers throughout Maricopa County and the State of Arizona. For example, in the city of Mesa, Arizona Drug DUI arrests constituted 52% of all of Mesa's DUI arrests.

Officials report major factors for the increased DUI arrests from 9,353 in 2010 to 27,125 in 2011 were the result of heightened presence of DUI Task Force and DUI Sobriety Checkpoints in Arizona. Drug DUI arrests were made in record numbers. Police believe that one of the reasons for the increased DUI drugs arrests was that many people are not aware that driving "impaired to the slightest degree" due to the influence of Marijuana, Medical Marijuana, Controlled substances; Prescription drugs, and even over- the-counter drugs.
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Arizona Drug DUI Laws A.R.S. § 28-1381 (A)(3)

"A.R.S. § 28-1381. Driving or actual physical control while under the influence
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"

Drug Dui offenses in absence of Aggravated Factors are charged as Class 1 Misdemeanors.

Additional examination, implications, and Drug DUI penalties information are discussed in a Press Release by the Law Office of James Novak.

Criminal Defense for Drug DUI charges in Maricopa County

You should always consult a Drug DUI, DUI, or criminal defense attorney if you face DUI charges as soon as possible. The penalties and consequences are harsh. You will need an experienced criminal attorney to defend your charges. There may be defenses you are not aware of that can be used to challenging your charges of DUI with Marijuana or other drugs. Your chances of getting a good resolution to your case will significantly increase with the retention of a good private practice DUI and criminal defense attorney.

Marijuana Possession Laws and Defense: Why challenging Marijuana "Threshold Amounts" is crucial to defending drug possession charges

Thu, 29 Mar 2012 18:19:55 -0700

Marijuana Possession Laws in Arizona

If a person is convicted of Marijuana possession charges, in Arizona that exceed the statutory "Threshold Amount" of 2 pounds, they will face mandatory prison sentencing. Arizona has specified "Threshold Amounts" for illegal drugs and controlled substances. If drug charges involve an amount that exceeds, the Threshold Amount for that specified drug, state mandatory prison sentencing will apply, even for a first offense.

Marijuana "Threshold Amount" - A.R.S.13-3401.36 Under Arizona Law "Threshold Amount" means:

A weight, market value, street value, or other measurement form of an illegal drug, substance or chemical that equals or exceeds an amount specified under the law. The Threshold Amount for Marijuana Possession is 2 pounds. If a person is found to have in their possession an amount that equals or exceeds the 2 pound Threshold Limit, they will face mandatory prison sentencing. The higher the quantity exceeds the Threshold Limit, the longer the prison term will be in sentencing.

Arizona Marijuana Possession Penalties

Most drug offenses are charged in multiples, or more than one offense resulting from one incident. For example, if you are charged with Marijuana Possession, you may also be charged with a second offense, possession of Marijuana drug paraphernalia. Below is the mandatory sentencing chart for Marijuana Possession, for drug crimes that equal or exceed the statutory Threshold Amount Limit.

A. For drug crimes involving quantities that Equal or Exceed Statutory Threshold Amounts A.R.S. 3419 (A)(3),(4) include the following mandatory prison sentence ranges:

• Second offense:

Class 2 - 3.0 to 12.5
Class 3 - 1.8 to 8.7
Class 4 - 1.1 to 3.7

• Third or more:

Class 2 - 4.0 to 15
Class 3 - 2.5 to 11.2
Class 4 - 1.5 to 6.2
Class 5 - 0.75 to 5.0

B. Fines for felony drug convictions can be as high as $150,000 per criminal charge per person; and for enterprises, can be ordered as high as $1,000,000 per charge, depending on the quantity involved and other circumstances of the incident.

C. Penalties will also include completion of a court ordered drug counseling or treatment program at their expense; probation; and other fees, costs, and assessments.

Defense for Marijuana drug possession charges Phoenix AZ

If you face active Marijuana drug charges in Arizona, you should consult an experienced criminal defense lawyer who defends drug charges frequently. f you face Felony Marijuana possession charges that exceed the Arizona Threshold Amount you will be exposed to harsh prison sentencing. If retained a qualified criminal defense lawyer will protect your rights, and defend your charges. If the charges cannot be dismissed, then the Threshold Amount is a critical area of defense. Your attorney may seek to challenge the Threshold Amount you were accused to have in your possession. If successful, it may help you avoid harsh mandatory prison sentencing; reduce charges and penalties.

Arizona Extreme DUI charges: Find out why the police will charge you with three DUI offenses if your BAC exceeds the Extreme DUI limit.

Fri, 23 Mar 2012 10:38:06 -0700

Extreme DUI Charges in Arizona

The Extreme DUI limit for alcohol is 0.15% but below 0.20%. If you are charged with a DUI 0.15% but below 0.20% the police will customarily charge you with three Arizona DUI offenses in the same incident:

1) DUI "Impaired to the slightest degree";
2) DUI above 08%;
3) Extreme DUI above .15%

In absence of "aggravating factors" described under A.R.S. §28-1383 an Extreme DUI charge is a Class 1 Misdemeanor.

Extreme DUI Laws in Arizona:

Under Arizona Law A.R.S. §28-1383 a person may be guilty of an Extreme DUI if they are driving under the influence of drug or alcohol in Arizona; and are driving or in actual physical control of a vehicle while:

• and/or have a Blood Alcohol Content Level (BAC) of .15% (but not more than .20%) or more up to two hours after driving; or being in actual physical control of a vehicle; and the BAC of .08%n level is from consuming alcohol, either before or while driving; or being in actual physical control of the vehicle.

Since the BAC level of .08%; and "impaired to the slightest degree" are also within the range of .15% statutory limit, the police may charge a person with the additional two offenses under Extreme DUI for a total of three DUI charges in one stop.

Consequences for Extreme DUI Convictions

Penalties for DUI convictions will be more severe for higher the BAC limits and repeat offenses. A first time offense for Extreme DUI will result 30 days jail; $2500.00 fines; 1 year ignition interlock device; 90 days driver's license suspension; probation; fines; fees; costs and alcohol screening and counseling. More penalties may apply. It is important that you retain an experienced criminal defense attorney, before pleading guilty or going to court. You should in the least obtain a consultation to discuss your matter, the charges, and consequences. There may be defenses that you are not aware of that can be used to challenge the charges and evidence that can lead to a reduction of charges or sentencing; dismissal; or other favorable outcome in your case.

Binge Drinking and DUI: Binge drinking is the number 1 cause of alcohol poisoning in underage 21 drinkers. Learn how to avoid it; signs, symptoms; and how to save lives.

Tue, 20 Mar 2012 10:34:59 -0700

"How to avoid alcohol poisoning and DUI charges."

Binge Drinking is the number one cause of Alcohol Poisoning. It has more to do with how fast you drink, than how much. Medical Sources define "Binge Drinking" as downing 4 to 5 drinks in a quickly, in a row. If you drink the same amount at a rate of no more than one an hour; you may still be arrested for DUI; but you will significantly reduce your risk of suffering from alcohol poisoning. The age group most vulnerable to binge drinking is 16 to 25, with a majority underage 21 drinkers. Many are unaware of the consequences of an Arizona DUI conviction, or dangers of binge drinking.

"What is a Drink?"

One drink is equal to:

• 12 ounces of beer;
• 3 to 5 ounces of wine;
• 1 ounce to 1.5 ounces of 80-86 proof distilled liquor

How Liquor is Metabolized

Alcohol (Ethanol) is processed by the body's liver. It takes about one hour for the body to process or metabolize a drink of liquor or Ethanol (drinking alcohol). Other factors besides speed at which a person drinks; amount and type of alcohol include speed of metabolism; food consumption; height; weight, age, tolerance, other medications. Alcohol will continue to be released into the bloodstream, after a person finishes a drink, no matter how fast a person is drinking. Subsequently, the level of alcohol in the body (BAC) will continue to rise, even though they are not actively drinking.

Symptoms of Alcohol Poisoning

Classic symptoms of alcohol poisoning may include:

• Seizures;
• Slow or irregular breathing;
• Pale or bluish skin;
• Low body temperature;
• Hypothermia;
• Confusion;
• Severe dizziness;
• Vomiting;
• Passing out or unconsciousness

What to Do if You See Signs of Alcohol Poisoning

• If the person is conscious - And demonstrating two or more signs above, call your local poison control center or 800-222-1222 (within the U.S.A.) or visit the official website at http://www.poison.org ; or
• Call Local hospital E.R, or urgent care facility;
• Be prepared to tell the urgent care or poison control operator the location of the person; how much; what they drank;, and when they drank;
• If a person is unconscious - call 911 or your local emergency number immediately;
• Never Leave an unconscious person alone; Don't assume they will sleep it off. If they are suffering from alcohol poisoning, it could be fatal.

Even if a person does not demonstrate any of the above classic signs and symptoms you should contact poison control or #911 if they become unconscious.

Tips to Avoiding Binge Drinking (If you are going to drink)

1) Know how much you can safely drink;
2) Know the type of liquor you are drinking and it's proof;
3) If you are going to drink, make sure you eat either before or while drinking;
4) Decide in advance how much you can safely drink and do not exceed that amount;
5) If you are on any medications, consult your doctor before drinking alcohol

Tips to Avoiding Getting a DUI (If you are going to drink)

1) Appoint a Designated Driver before you go out;
2) Select someone who you can trust or depend on, to call if you drink to too much and need a ride home. Make sure that person agrees in advance, and let them know you will be drinking and make sure they will be available if needed to drive you home;
3) If your friends ask you to give them your car keys because they think you have had too much to drink, don't argue, give them the keys;
4) Call a taxi cab; Pick up your vehicle when you can safely drive ( 24-48 hours later.)
5) Don't drink and drive.

Underage 21 DUI Charges Tempe AZ

You should always carry the contact information of a DUI or criminal defense attorney with you. If you are arrested for DUI, you should consult them as soon as possible. You should not plead guilty to DUI before you discuss your matter with a qualified criminal attorney. The consequences for DUI convictions in Arizona are severe and include jail time, suspension or denial of driver's license; ignition interlock device on your vehicle; alcohol or drug education screening and counseling, and other penalties ordered by the court. If retained your criminal defense attorney will defend your charges; guide you through the criminal case stages and work to get you the best resolution possible in your case.

DUI Task Force Stops: No one is immune. The police need no reason to stop you for DUI investigation, except the number of your vehicle in line.

Fri, 16 Mar 2012 13:57:58 -0700

"The purpose of a DUI Task Force is to seek out and arrest persons driving drunk, or driving impaired due to alcohol or drugs. The laws regarding routine DUI stops and DUI Task Force Stops are very different. To preserve your rights and defenses you should know the differences."

Difference between DUI Task Force Stops and DUI Stops

The difference between a regular DUI "pull over while driving" stop and a DUI Task Force Stop are the circumstances that lead to the initial DUI stop. In a DUI roadblock situation, Police do not need "reasonable suspicion" that someone is driving drunk or DUI, in order to stop a vehicle.

A routine DUI stop occurs when the driver is "pulled over" in absence of a DUI Task Force Situation. In a routine DUI stop, the police must have "reasonable suspicion" that a crime is in progress or other violation of the law has occurred. This standard has been upheld by the US Supreme Court, as held by the rights given under the 4th Amendment of the U.S. Constitution. If a person is stopped for DUI or any other crime in absence of "reasonable suspicion" that a crime or violation is in progress or has occurred, then the stop is unlawful. Subsequently, it would be considered a violation of the driver's rights.

DUI Task Forces are organized and conducted according to The National Highway Traffic and Safety Administration (NHTSA), and along with City or State Laws in place for DUI Task Force Stops. The purpose of a DUI Task Force is to seek out and arrest persons driving drunk, or "driving impaired to the slightest degree" due to alcohol or drugs. No one is immune to the stop. In most cases, The vehicles to be stop at are decided in advance by city, or county officials and their respective law enforcement Agencies. The NHTSA guidelines require that the determination be made on the basis of a mathematical or numeric formula, for example, every vehicle, or every 2nd vehicle. According to the NHTSA guidelines, the determination must be made by means of some sort of mathematical formula. For example, they will stop every first, third, or every other vehicle passing through the DUI roadblock. Police need no other reason to make the checkpoint DUI stop.

Arizona DUI Penalties

Generally, there is no difference in penalties sentencing for convictions resulting from DUI Task Force arrest and a routine DUI Task Force Arrest. Arizona has some of the toughest DUI penalties in the country. Currently they include 24 hours jail time; suspension of driver's license for 90 days; interlock device installation; fines, fees, costs; drug or alcohol screening or counseling and other penalties ordered by the court. Penalties increase in severity for higher Blood Alcohol Content (BAC) levels and repeat DUI offense.

DUI Lawyer for Defense, Gilbert AZ

If you face DUI charges in Maricopa County, you should consult an Arizona criminal defense attorney regarding your charges, and defense options. If retained an experienced DUI attorney will review the facts of your case. They may find that there are defenses that can be used to challenge the evidence or charges in your matter. If the DUI stop was unlawful, it is considered to be a violation of your constitutional rights. In that event, any evidence gathered after that stop may be prohibited by the court from being used against you as evidence. This severely weakens the prosecution's case, and usually results in DUI case dismissal. Any defenses are the most effective, when presented by a qualified and experienced criminal defense lawyer. They will defend your charges; protect your rights; and represent you throughout the DUI case stages to obtain the most favorable outcome possible in your case.

Arrest Warrants: How to find out if you have an arrest warrant, and the safest way to take care of it.

Wed, 14 Mar 2012 14:10:26 -0700

"It may be possible to get your Scottsdale Arrest Warrant Quashed (cancelled) by Retaining a Criminal Defense Attorney."

Arrest Warrants Scottsdale AZ

Basically, an arrest warrant is a legal order issued in the name of the State of Arizona which provides legal authority for the police or law enforcement to make an arrest. The two most common types of arrest warrants are Police Arrest Warrants and Bench Warrants. Police issue arrest warrants when they determine that they have "probable cause" to believe that a suspect committed a crime. A Bench warrant is issued by the Judge in a presiding criminal case, if a defendant fails to appear for a scheduled court hearing ("Failure to Appear for Misdemeanor Charges A.R.S.13-2506; Failure to Appear for a Felony Crime Charges A.R.S. 13-2507). They remain outstanding indefinitely or until the suspect takes care of it through the criminal justice court system.

How to find out if there is a Warrant for your Arrest

There are a variety of ways to find out if you have an outstanding warrant for your arrest in Scottsdale. Some mediums charge and some do not. But either way the safest, most reliable way to find out is to consult a Scottsdale criminal defense lawyer or Scottsdale DUI lawyer to find out. An experienced criminal defense Attorney will conduct a thorough search via accessible legal resources. They will then advise you of the most accurate and current information available concerning the warrant.

Arrest Warrant Options -What to do if you have an Arrest Warrant

An arrest warrant is a very serious matter. Some people are arrested decades later upon being stopped for a minor traffic violation or other matter. In Arizona there are no expiration dates on an outstanding arrest warrant. If you have a warrant it will remain outstanding until either the bond is posted or the judge decides to "quash" or cancel it.

Here are your options:

• Pay the bond amount set by the judge: Once you pay the bond amount, the warrant will be quashed and you will be given a new court date if the warrant is for failure to appear.

• Appear before the judge during the Walk-in Docket: Scottsdale Court usually provides a daily time for defendants who need to make unscheduled court appearances. Unscheduled appearances are heard only at specified times available by the Scottsdale AZ Court.

• Retain a private practice criminal defense attorney: This is the best way to take care of an arrest warrant. Your criminal lawyer will confirm the facts, and a Motion to "quash" or cancel the warrant. At that point they can also begin tailoring a solid defense strategy for your Scottsdale Criminal or Scottsdale DUI charges.

The judge may still require a bond be posted before canceling the warrant whether you have an attorney or not. So it is best to be make arrangements in advance to post a bond for your court appearance. Upon Retention of a private practice criminal attorney, they can guide you through the steps of safest ways to deal with the warrant based on your circumstances. They will make sure that the warrant has the least adverse impact on your life relating to addressing the warrant and will defend your criminal charges.

Drug Possession Charges: Convictions for drug possession require "knowledge" that they were in possession of an illegal drug. Not always an easy task to prove, makes it a common target for defense.

Wed, 22 Feb 2012 07:35:45 -0700

"Arizona, Drug Possession convictions, requires the defendant to have "knowledge" of Possession. If your criminal lawyer can raise reasonable doubt regarding "knowledge" of the drugs in their possession, it can lead to a dismissal of your Possession charges."

Arizona Illegal Drug Possession Laws
In order for the State of Arizona to get a conviction for illegal drug possession charges they have the burden of proving that a defendant had "knowledge" that the illegal drugs were in their Possession. Illegal drugs include possession of Marijuana, Dangerous drugs, Narcotic drugs or any other drugs or substances defined Arizona law A.R.S. 34 13-3401:

• A.R.S. 34 13-3402: A person shall not knowingly: possess, use, produce, sell, transport, distribute, manufacture, Marijuana, or any other illegal drugs;

• A.R.S. 13-105. 10 (a), (b): "Knowingly" with respect to drug offenses or violation of a drug laws, means that a person knows that the circumstances (illegal drugs) themselves exist in their possession;.

• A.R.S. 13- 105. 34: "Possess" means knowingly having physical possession or otherwise to exercise dominion or control over property;

• A.R.S. 13- 105. 35: "Possession:" means a voluntary act if the defendant knowingly exercised dominion or control over the illegal drugs..

Under Arizona drug law, you must not only be in possession of the illegal drug, but you must "knowingly" be in possession of illegal or dangerous drug. In other words for purposes of conviction, it does not matter whether or not the person realized or knew that the drugs were illegal or that their conduct was unlawful.

Phoenix Arizona Drug Possession Defenses
The burden is with the prosecution to prove "beyond a reasonable doubt" that a person had knowledge or should have reasonably had knowledge that drugs were in their possession. This is not always an easy task, and is often an area of defense, that can lead to a dismissal of the drug charges. Below are some common areas the criminal defense lawyers in Maricopa County that be used to challenge drug possession charges depending on circumstances of your case:

• Lack of; or insufficient evidence;
• Unlawful search and seizure;
• Police Entrapment;
• Violations in police procedure or protocol;
• You did not know the drugs were in your possession;
• Common areas are shared by others in the residence where you live;
• You did not know drugs were in the back of a borrowed vehicle;
• You did not know that a passenger in your vehicle possessed illegal drugs;
• Other constitutional rights violations

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Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
(480) 413-1499

www.arizonacriminaldefenselawyer.com
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Arizona DUI, DWI, Drunk Driving & Criminal Defense Firm
Serving Tempe, Phoenix, Phoenix, Chandler, Gilbert, & Scottsdale AZ
FREE CONSULTATION! (480) 413-1499

How to get your DUI Scottsdale Police Report.

Tue, 14 Feb 2012 07:21:44 -0700

"5 Facts about getting a Scottsdale Police Report for DUI or criminal Charges"

"How do I get a copy of my Scottsdale Police Report for my DUI?"
You can obtain a copy of Scottsdale Police report for DUI or Criminal Charges in one of two ways:

1) Mail; or

2) In person.

To obtain a copy, you simply need to complete a Report Request Form which can be found at the Scottsdaleaz.gov website. The form asks for the police report number. If you do not know it, you can still send your request in with as much information as possible, including the date of the arrest, location, and name of the persons involved. If you need additional assistance in completing the form, you can always contact the records department directly at telephone number (480) 312-1999.

For DUI & Criminal Police report requests, you may complete the form that is on line, but currently the Scottsdale Police Department does not accept requests by telephone, electronically, or fax. You will need to mail it or take it in person. The address for which the request can be mailed is:

Scottsdale Police Public Safety Records Dept.
8401 E. Indian School Rd
Scottsdale, AZ 85251

The Public Safety Records Department is located on the East end of the Public Safety Building.

"If I have a Scottsdale Criminal Defense Attorney, do I need to get a copy of my Police Report?"
No. That is usually one of the first things your Scottsdale DUI attorney or criminal lawyer will do once you have retained them. They will in many cases be able to obtain reports a bit more comprehensive than what you would get on your own, including transcripts of any #911 dispatch calls that may have taken place. .

"How long does it take to get a copy of my Scottsdale Police Report?"
On average, it can take anywhere from a few days to a few weeks depending on the circumstances surrounding the criminal or DUI charges. You may request it immediately, and it will be mailed to you as soon as it is available for release to the public.

"How much does it cost to get a copy of my Scottsdale Police Report?"

The minimum cost to obtain a copy of the police report for Scottsdale DUI or criminal charges is $5.00 for up to 30 pages. For all pages over 30, the cost is 25 cents per page in addition to the $5.00 initial charge. They accept cash, check or money order. Checks and money orders should be made payable to "City of Scottsdale". You payment will need to accompany your written request. If you have retained a criminal defense attorney, they will usually take care of paying this fee on your behalf.

"If my case is still under investigation can I still get my Scottsdale Police Report?"
You may request a copy while your case is still under investigation. However, the Police Report cannot be released until the police investigation is completed. The records department will mail it out to you once it becomes available for release to the public. If you believe your investigation is completed, you should contact the Scottsdale Police records department again to follow-up on your request. If you have retained a criminal lawyer to defend you for pre-charge or "pre-indictment" investigation, they will promptly contact the Scottsdale Police Department to notify them that they are representing you, and to release it to them.

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Note: The Law Office of James Novak is a private practice criminal defense firm and not affiliated with the Police Department. This is for general informational purposes only.

Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
(480) 413-1499

Disorderly Conduct Charges are frequently challenged because they are either unconstitutional or unsubstantiated.

Thu, 09 Feb 2012 08:09:46 -0700

"Disorderly Conduct arrests are not always lawful, and are frequently challenged by experienced criminal lawyers."

Disorderly Conduct Charges Scottsdale AZ - A.R.S. 13-2904
Disorderly Conduct charges in Scottsdale should be taken serious because they can expose the defendant to harsh penalties. If charged, you should contact a criminal lawyer who defends disorderly conduct charges in Scottsdale. Generally the police use this as a "catch all" charges for disruptive behavior. Charges sometimes follow a warning by police, but not always: Due to the nature and subjectivity of the charges they are frequently challenged by criminal defense attorneys, and often charges are dismissed.

AZ Disorderly Conduct Penalties
Disorderly conduct charges can be brought as Class 1 Misdemeanors. This is the highest level of Arizona Misdemeanors which carry the most severe sentencing for misdemeanors. A Class 1 Misdemeanor can expose you to 6 months incarceration and up to $2500.00 fines.

Disorderly Conduct charges may be brought as Class 6 Felonies in Phoenix, AZ. Class 6 felonies are usually charged if the disorderly conduct involves a firearm. Disorderly Conduct Felony Charges carry a maximum sentence of one year in prison, fines, fees, and a long term felony criminal record if convicted.

Criminal Lawyer for Scottsdale for Disorderly Conduct Charges Defense
It is unwise to plead guilty to Scottsdale Disorderly Conduct charges without consulting an experienced criminal lawyer who defends Scottsdale charges. If retained, your attorney will consult their own investigation. Based on the facts of your case they may have compelling arguments to present on your behalf, that the arrest was not lawful. The penalties are too severe to plead guilty without defending your rights and the charges. Your chances of getting a good outcome in your case will increase significantly with retention of a private practice criminal lawyer to defend your charges.

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Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
(480) 413-1499

DUI Task Force Stops: No excuses, no secrets. The purpose of DUI Task Force stops is to seek out and arrest DUI offenders.

Sat, 04 Feb 2012 10:48:34 -0700

"Differences between a DUI stop and a Sobriety DUI Checkpoint stop in Scottsdale AZ."

DUI charges Scottsdale AZ
If you were arrested as a result of a DUI task force in Scottsdale AZ for DUI - DWI or Drunk Driving charges, you should consult Scottsdale DUI lawyer soon as possible. Arizona DUI laws are strict. Current law in Arizona requires anyone convicted of DUI to serve time in jail time, court ordered ignition interlock devices; and other harsh punishments. This is the case even for a first time Misdemeanor DUI.

Scottsdale DUI Task Force Stop
DUI task forces (also referred to as DUI Safety Checks, DUI sobriety checkpoints or DUI roadblocks). DUI task forces are set up a certain locations, times and dates decided in advance by the City, County or other jurisdictions. They are conducted by the respective city's law enforcement agencies. They are generally staged around holidays, weekends, or events that expect to draw high volumes of traffic. The goal is to deter and seek out drunk drivers or person's whose driving is "impaired to the slightest degree". Certain guidelines must be followed. Scottsdale Arizona is responsible for deciding on specific details of conducting their DUI Task Force operations. However, in general they have adapted guidelines established by the National Highway Traffic and Safety Administration (NHTSA).

Scottsdale DUI Defense Lawyer
Regardless of the events that led to your Scottsdale DUI arrest, you have the right to challenge your DUI. In order to successfully defend the charges, you will need to retain an experienced criminal defense attorney or Scottsdale DUI lawyer to represent you. Good Scottsdale DUI attorneys will defend your charges; fight for your rights; build and present an effective DUI defense case on your behalf. If you were arrested for a Scottsdale DUI you should contact criminal attorney who defends DUI charges frequently in Scottsdale AZ to discuss your matter and defense options.

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Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
(480) 413-1499

Arizona DUI, DWI, Drunk Driving & Criminal Defense Firm
Serving Tempe, Phoenix, Mesa, Chandler, Gilbert, & Scottsdale AZ
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