Phoenix DUI Lawyer Blog

Scottsdale DUI Charges | DUI Task Force Stop | DUI Defense Lawyer Scottsdale AZ

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
For a Free Consultation call (480) 413-1499 Today!

Mesa DUI Task Force Stops | Mesa AZ DUI Charges | Mesa DUI Attorney

Tue, 24 Jan 2012 07:30:47 -0700

"You have the right to defend your Mesa DUI charges, no matter what events led to the arrest. But you chances of actually getting the DUI charges dismissed increase drastically if you are being defended by a good Mesa DUI lawyer."

Mesa AZ DUI Charges
If you were arrested by a Mesa DUI Task Force for DUI or Drunk Driving charges, charges, you should contact a Mesa criminal defense or DUI lawyer as soon as possible. Arizona has some of the toughest DUI - DWI laws and penalties in the country. Currently all DUI convictions can expose you to serving jail time, in addition to other harsh punishments. Most experienced DUI Lawyers provide Free Consultations to those who need legal representation for their Mesa DUI or Criminal Charges, to discuss their case and options for defense.

DUI Charges from a Mesa DUI
Mesa DUI Sobriety Checkpoints (also DUI Task Forces, DUI Safety checks or DUI roadblocks) are set up at pre-determined locations, decided by Mesa city and law enforcement agencies. Generally they are set up around holidays or weekends where high volumes of traffic are expected. Mesa AZ is one of a majority of cities that set up and conduct DUI Sobriety Checkpoints throughout the year. Arizona has adapted the DUI Sobriety Checkpoints guidelines outlined by the National Highway Traffic and Safety Administration (NHTSA).

Difference between DUI Stop and Mesa DUI Stop
The main difference between a DUI stop and a DUI Task Force stop are the events that lead to the stop by police. DUI task forces set up DUI road blocks in a particular location decided in advance and organized by Mesa City Officials and Law Enforcement Agencies. The primary purpose of them is to seek out and arrest persons driving drunk, or driving impaired due to alcohol or drugs. Which vehicles the police will stop at a are decided in advance. Under the NHTSA guidelines the determination must be made by means of a "mathematical formula". For example, they may decide to stop every first, second, third, or fourth vehicle passing through the DUI roadblock. This means the task force police can legally stop the vehicle for a DUI safety check simply because they fall within the pre-determined numbered vehicle. They need no other reason stop or detain the driver of the vehicle.

This is different from a stop where the police pull someone over while they are driving due to suspicion of DUI, DWI, or Drunk Driving. In this case, the police must have "reasonable suspicion" that a violation of the law has occurred. The US Supreme Court held that an officer must have "reasonable suspicion" that a criminal offense or traffic infraction has occurred in order to stop and detain a driver for investigation.
Generally there is no difference in penalties resulting for a DUI task force stop and a Mesa DUI conviction where charges did not result from DUI task force stop.

Mesa DUI Defense Lawyer
You have the right to defend your charges, no matter what the circumstances led to your DUI. Your chances of getting your DUI dismissed increase drastically if you are represented by an experienced Mesa DUI Attorney. Many factors must be evaluated when defending a DUI Charge. Many people feel overwhelmed by the criminal court system's maze of procedures and protocol. Providing a solid defense on your behalf requires being well versed on Arizona DUI laws and changes, and possessing a vast amount of DUI trial experience defending DUI charges. Top DUI lawyers defend cases frequently throughout Maricopa County and are extremely familiar with the court systems, and procedures. They will guide you through the stages of your DUI case; conduct their own investigation of the facts; and events surrounding your DUI arrest. They will tailor and build a DUI defense case on your behalf based on your unique set of circumstances, and present compelling arguments on your behalf. The Best DUI lawyers in Mesa will make every effort to get your charges dismissed; reduced; or the otherwise best possible outcome in your case.

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

www.Arizonacriminaldefenselawyer.com
www.novakazlaw.com
www.arizonacriminaldefenseattorneyblog.com
www.phoenixduilawyerblog.com

Arizona DUI, DWI, Drunk Driving & Criminal Defense Firm
Serving Tempe, Mesa, Chandler, Gilbert, Mesa, Phoenix & Scottsdale AZ
Free Consultation! Call (480) 413-1499

Gilbert DUI Lawyer | Arrest Warrant | Criminal Defense Gilbert

Wed, 11 Jan 2012 08:06:19 -0700

What You Should Know about Outstanding Arrest Warrants in Gilbert

"Get Your Gilbert Arrest Warrant 'Quashed' (cancelled) by Retaining a DUI or Criminal Attorney who Defends Charges in Gilbert AZ"

Gilbert Arrest Warrants
Do not ignore an outstanding Gilbert AZ arrest warrant. It is a very serious matter. Whether you are at work, home, school, outside of Gilbert or even Arizona, it is a matter of "when" not if you will be arrested. Arrest Warrants put simply gives police the legal authority to detain and arrest you for a criminal, DUI, or other violations of the law that you are being accused of, and have not yet taken care of in the eyes of the police and court.

Length of Time a Gilbert Arrest Warrant Remains Outstanding
Indefinitely. Arrest Warrants will stay outstanding until taken care of. Arrest Warrants don't just go away by themselves. Don't bother trying to wait it out. In Arizona there are no expiration dates on outstanding arrest warrants. Some defendants are arrested decades later after being stopped for a minor traffic infraction. Sooner or Later, you will be arrested. If you have a warrant it will remain outstanding until either the bond is posted or the judge decides to "quash" or cancel it. The judge may require a bond be posted before canceling the warrant. So it is best to be make arrangements in advance to post a bond for your court appearance.

How to Find Out if you Have a Gilbert Arrest Warrant Outstanding
There are a variety of ways to find out if you have an outstanding warrant for your arrest in Gilbert. But the fastest, safest, most reliable way is to consult a Gilbert criminal defense lawyer or Gilbert DUI lawyer. A Criminal defense Attorney who defends charges in Gilbert will conduct a thorough search via accessible legal resources. They will advise you of the most accurate, current information available. Upon Retention they can also guide you through the steps that will benefit your defense the best, as well as build an effective defense for the initial and current charges.

Types of Arrest Warrants in Gilbert AZ
There are two types of specific "arrest" warrants:
• Police Arrest Warrants: These are arrest warrants issued by Police or Law Enforcement Agencies, in order to detain or arrest someone. An arrest warrant can be issued when police feel they have sufficient evidence to suspect a crime was or is being committed and that person was involved in the crime. Refer to A.R.S. Criminal Code Title 13 - Beginning with Article 7, 13-3881
• Bench Arrest Warrants: These are warrants issued by the Gilbert Court Judge. A bench warrant is issued when a defendant fails to appear for their scheduled court time and date for the initial criminal or DUI matter. There are a many reasons why a person may have failed to appear in court, some better than others. None the less, it is in your best interest to retain a Gilbert DUI lawyer or Gilbert criminal lawyer who can "tell your side of the story". They will be able to present compelling arguments, through the proper legal channels in your defense regarding the initial charges and reason for outstanding arrest warrant if it was due to "failure to appear" Reference A.R.S. Criminal Code Title 13-2506 Failure to appear in the second degree; classification 13-2507 Failure to appear in the first degree; classification..."

Defense Options for Outstanding Warrants for Arrest in Gilbert AZ
1) Pay the bond amount set by the judge. Once you pay the bon, the warrant will be quashed. You will then be given a new court date if the warrant is for failure to appear. If you miss your court date again, or cause further delays, the court will frown upon this with more severe penalties for both the initial DUI or criminal matter as well as the "failure to appear" charges. You must appear on the new scheduled court date if you have not hired a Gilbert Criminal Defense Lawyer. They have been able to negotiate alternative more favorable arrangements or can get the warrant quashed all together.

2) Appear before the judge during a "Walk-in Docket". Gilbert 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 Gilbert AZ Court. In the least you should consult a Gilbert AZ criminal attorney to discuss your matter and how to proceed before you appear at a "Walk-in Docket" unrepresented.

3) This is the best way for you to handle an outstanding arrest warrant: Retain a private practice Gilbert criminal attorney or Gilbert DUI lawyer as soon as you can. Early retention is the key to a successful defense for any charges. It is at this point, your Defense Attorney will have the most leverage to tailor a defense strategy and exercise your defense options. Your Gilbert criminal lawyer will confirm the facts, and if retained, can file a Motion to quash your warrant. At that point they can also begin tailoring a solid defense strategy for your Gilbert Criminal or Gilbert DUI charges.

Criminal Attorney Phoenix AZ Explains DUI Defenses

Mon, 09 Jan 2012 07:10:37 -0700

How to fight a DUI in Phoenix AZ

If you have been arrested for a DUI in Phoenix AZ, you have the right to challenge the charges. You will need to hire a good criminal defense or DUI attorney who defends charges in Phoenix Arizona on a regular basis.

There are many defenses that a good Phoenix DUI attorney will consider based on the unique facts surrounding your DUI case. DUI charges are not "cookie cutter" charges. Each situation must be defended on its' own merits, and defenses will be different depending the set of facts surrounding your case. Below is a short list of defenses that can be used to fight Phoenix DUI charges through the criminal justice system:

• Challenging the reason for the Stop;
• Challenging police observations of the defendant at the time of the stop or arrest;
• Challenging Field Sobriety tests (as graded by the police);
• Challenging Police violations of protocol
• Challenging Breath, Blood or Urine test;
• Challenging other evidence surrounding the arrest;
• Challenging Constitutional Rights Violations;

An experienced DUI defense attorney who defends cases in Phoenix AZ Court frequently will examine all the facts and evidence and determine which defenses will prove to be the most successful in fighting your DUI. Your Attorney will file motions and present compelling arguments on your behalf. You can fight DUI by hiring an experienced Phoenix DUI lawyer. This will increase your chances drastically toward getting your charges dropped, reduced, or the otherwise best outcome in your DUI case.

Phoenix DUI Task Force | Phoenix AZ DUI Arrest | Phoenix DUI Lawyer

Mon, 19 Dec 2011 07:52:36 -0700

"What you know about Phoenix DUI Task Force Stops may help you avoid a DUI and Phoenix DUI Conviction"

Phoenix AZ DUI Charges
If you were arrested at a Phoenix DUI for DUI, DWI or Drunk Driving charges, you should contact a Phoenix criminal defense or DUI attorney as soon as possible. Arizona DUI laws and penalties are some of the toughest in the country. DUI convictions can expose you to jail time, and other harsh punishments. Most experienced Phoenix DUI Lawyers provide a free consultation for those who face Phoenix DUI or Criminal Charges. In the least you should contact them to discuss your charges and defense options.

DUI arrest at a Phoenix DUI Task Force
Phoenix DUI Sobriety Checkpoints, (also called DUI Safety checks or DUI roadblocks) are set up at specified locations, decided by City/County officials and law enforcement agencies. Usually they take place during holidays or weekends when traffic volumes are expected. Arizona is one of a majority of states in the Country who conducts these DUI Sobriety Checkpoints. Arizona adapted from the National Highway Traffic and Safety Administration (NHTSA) guidelines to use in accordance with city and state laws.

Difference between DUI Task Force Stops and Phoenix DUI Stops
The main difference between a DUI stop and a DUI Task Force stop are the obvious events that lead to the DUI stop. In a DUI task force or roadblock situation, Police do not need "reasonable suspicion" that someone is driving drunk or DUI, in order to stop the vehicle to investigate further.

DUI Task Forces set up road blocks in specified location decided in advance and organized by Phoenix City Officials and Law Enforcement Agencies. The primary purpose of them is to seek out and arrests persons driving drunk, or driving impaired due to alcohol or drugs. The vehicles the police will stop at a DUI Road Block are decided in advance by city, or county officials in conjunction with DPS and law enforcement agencies in that area.

According to the NHTSA guidelines, adapted by Arizona, the determination must be made by means of a mathematical formula of sorts. For example, will stop every first, second, third, or every other vehicle passing through the DUI roadblock. Police need no other reason to make the pre-determined DUI stop in that event.

In a situation where the police pull a driver's vehicle over while they are driving due to suspicion of DUI, DWI, or Drunk Driving, the police must have "reasonable suspicion" that a crime is in progress or other violation of the law has occurred. The US Supreme Court held that an officer must have "reasonable suspicion" that a criminal offense or traffic infraction has occurred in order to stop and detain a driver for investigation.
With regard to penalties, there is no difference between a conviction resulting from a DUI Task Force arrest and an arrest made from a DUI stop.

Phoenix DUI Defense Lawyer
By law you are innocent until proven guilty, and have the right to defend your charges, no matter what the circumstances led to the DUI stop. But without legal representation by an experienced Phoenix DUI lawyer, there is little chance your DUI will be dismissed. A good criminal defense attorney will make sure you are treated fairly, defend your rights and build a solid defense on your behalf.

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

www.Arizonacriminaldefenselawyer.com
www.novakazlaw.com
www.arizonacriminaldefenseattorneyblog.com
www.phoenixduilawyerblog.com

Arizona DUI, DWI, Drunk Driving & Criminal Defense Firm
Serving Tempe, Mesa, Chandler, Gilbert, Mesa, Phoenix & Scottsdale AZ
Free Consultation! Call (480) 413-1499

DUI Task Force | Tempe DUI Charges | Tempe DUI Defense Lawyer

Wed, 07 Dec 2011 07:38:55 -0700

"You have the right to a DUI defense, no matter what circumstances led to your Tempe DUI arrest: Your chances of getting your DUI charges dismissed increase drastically when you are being defended by a good Tempe DUI lawyer."

Tempe DUI Charges
If you were arrested by a Tempe DUI Task Force on DUI - DWI charges, you should consult a Tempe DUI lawyer to defend your charges as soon as possible. Arizona has some of the toughest DUI - DWI laws and penalties in the country. Currently all types DUI charges, if convicted carry jail sentencing, and other harsh penalties. Most experienced DUI Lawyers and criminal defense attorneys in Tempe AZ will provide you with a Free Consultation to discuss your charges and potential defense.

Tempe DUI Task Force- DUI Charges
Tempe DUI Sobriety Checkpoints are set up at pre-determined locations, decided by Tempe city and law enforcement agencies. Generally they are set up around holidays or events that draw high vehicle traffic volumes. Tempe is just one of a majority of cities who participate in staging DUI Sobriety Checkpoints (sometimes referred to as DUI roadblocks or DUI safety checks.) Arizona Sobriety Checkpoints rules apply according to Arizona laws, Constitution and the National Highway Traffic and Safety Administration (NHTSA) guidelines:

Differences between a Tempe DUI Stop and DUI Task Force Stop
The main difference between a DUI stop and a Sobriety DUI Checkpoint stop is the nature of the stop itself and the circumstances leading up to that stop. DUI Task Force stops are DUI Road Blocks that are set up in a particular location decided in advance. The primary purpose of them is to "catch" persons driving drunk, or driving impaired due to alcohol, drugs or other toxic substances. The vehicles stopped at a Task Force are decided in advance by means of mathematical formula or simple numeric pattern. For example, they may decide to stop every other vehicle or every vehicle. In a DUI Task Force situation, police can legally stop the vehicle for a DUI safety check simply because they fall within the pre-determined numbered vehicle. They need no other reason to stop the vehicle to request license and registration from the driver, other than the stop was made because the vehicle fell within the pre-determined number car driving through the road block.

This is different from a situation where the police pull a driver over while they are driving due to suspicion of DUI, DWI, or Drunk Driving. In this case, the police must have "reasonable suspicion" that a violation of the law has occurred. The US Supreme Court held that an officer must have "reasonable suspicion" that a criminal offense or traffic infraction has occurred to stop or detain a vehicle for further investigation, in order to get a conviction.

With regard to consequences, there is no difference in penalties resulting for a DUI task force stop and any other Tempe DUI, DWI or Drunk Driving Conviction.

Tempe DUI Defense Lawyer
You have the right to defend your charges, no matter what the circumstances led to your DUI. However, your chances of getting your DUI dismissed will increase drastically if you retain a good Tempe DUI lawyer to defend you. Arizona DUI laws and charges are complex, and have many factors to be considered. Each is unique. The criminal court system can be a maze of procedures and protocol. Providing a solid defense on your behalf requires being well versed on your case, Arizona DUI laws, and possessing a vast amount of trial and litigation experience in defending DUI charges. Experienced DUI lawyers deal with it and defend cases on a regular basis. They will guide you through the stages of the criminal court case as well as dealing with the Arizona motor vehicle hearing. The best Tempe DUI lawyers conduct their own investigation of the facts, including those events that lead to your DUI arrest. They will determine, tailor and build a defense case that will be the most effective based on your set of circumstances and present compelling arguments on your behalf. Top DUI lawyers in Tempe will make every effort to get your charges dismissed; reduced; and obtained the best possible outcome in your case.

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

www.Arizonacriminaldefenselawyer.com
www.novakazlaw.com
www.arizonacriminaldefenseattorneyblog.com
www.phoenixduilawyerblog.com

Arizona DUI, DWI, Drunk Driving & Criminal Defense Firm
Serving Tempe, Mesa, Chandler, Gilbert, Mesa, Phoenix & Scottsdale AZ
Free Consultation! Call (480) 413-1499

How to Request a Chandler Police Report | Criminal Lawyers Chandler AZ

Wed, 30 Nov 2011 08:12:03 -0700

Quick Instructions for requesting a Chandler Police Report for DUI or Criminal Charges

1. How to request a Chandler Police Report for Criminal or DUI charges:
The Chandler Police Department accepts requests by for police reports for DUI or Criminal Charges either by mail or in person as follows:
A. Go to the Chandler Police Department Website: "Chanlderpd.com" ;
B. Select "Forms & Reports" at the bottom of the website's Home Page;
C. You will be directed to another page; Choose "Request a Police Report";
D. Download and Complete the Request Report form.
E. Mail or take the form with the fee of cash, check or money order;
F. Checks or money orders should be made payable to "City of Chandler".

2. Where to mail your police report request:
Mailed requests should be sent to:

Chandler Police Records
PO Box 4008, MS 303
Chandler, AZ 85244-4008

Reports may be requested or picked up in person at:

Chandler Police Main Office
250 E. Chicago Street Chandler, AZ 85225

3. Telephone contact for Chandler Police Dept. Records Section
The Chandler Police Records Contact Number is (480) 782- 4000.

4. Hours of Operation of the Chandler Police Department Records Department
You should contact the Chandler Police Records Dept. for current hours of operation.

5. Length of time get you copy of a Chandler Police Report for DUI or criminal charges
Allow 7 - 10 business days for normal processing of closed reports.

6. Fees for obtaining Chandler Police Reports for DUI or Criminal Charges
The cost for a copy of your Chandler criminal or DUI Police Report is $5.00 for the first 35 pages; and $0.15 for every page over 35 pages.

7. Chandler Police Reports on police investigations still pending
If your incident for DUI or criminal charges is pending investigation, pending processing or incomplete, it will not be processed until the report is completed. You will be notified by mail if your request cannot be processed within 10 days for any reason. Additional restrictions may apply. For example, certain reports require a court order to be released. See the "Important Information" on the Request for Report Copy form for additional limitations.

8. Although you may do so, it is generally not necessary for you to obtain a copy of the police report if you are being represented by a criminal defense lawyer.
One of the first things your criminal defense or DUI lawyer will do once retained is request a copy of the police report on your behalf. You may obtain a copy from them. Your attorney will normally take care of the cost as part of your representation fees. Also, what they obtain is usually more comprehensive for purposes of building your defense case. They may also obtain any available 911 dispatch transcripts, media or associated documents relating to your incident.

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Chandler DUI Sobriety Checkpoints | Chandler AZ DUI Arrest | Chandler DUI Lawyer

Mon, 28 Nov 2011 06:36:22 -0700

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

DUI charges Chandler AZ
If you were arrested at a DUI sobriety checkpoint in Chandler AZ for DUI - DWI or Drunk Driving, you should consult Chandler DUI lawyer soon as possible. Arizona DUI laws are strict and penalties are some of the most severe in the country. Any DUI conviction will expose you to jail time, and other harsh penalties including court ordered interlock devices for your vehicle, fines, fees, and other punishments.

Chandler AZ DUI arrest at a Chandler DUI Sobriety Checkpoint
DUI Sobriety Check Points are also referred to as DUI Safety Checks or DUI roadblocks. They are set up a specified location, time and date decided by City, County and law enforcement agencies. They are frequently conducted around holidays or weekends when traffic is expected to be heavy. Arizona is just one of many states in the country who conduct these DUI Sobriety Checkpoint operations. The National Highway Traffic and Safety Administration (NHTSA) outlined guidelines to use in accordance with city, county and state laws that Arizona has adapted.

Difference between Chandler DUI Stops and DUI Sobriety Checkpoint Stops
The primary difference between DUI stop where the driver is pulled over by an officer while driving, and a Sobriety DUI Checkpoint stop are the events that lead to the DUI stop. In a DUI roadblock situation, police do not need "reasonable suspicion" that a violation of the law was committed or in progress in order to stop vehicle for further investigation.

In a DUI stop where the driver has been hailed to pull a driver's vehicle over while they are driving, in absence of a DUI roadblock, police must have "reasonable suspicion" that a crime is in progress or other law violation has occurred, in order for the DUI stop to be lawful by police.

In contrast, DUI sobriety checkpoint stops are road blocks set up in a specific location, time and date decided in advance by Chandler City Officials and Law Enforcement Agencies. Their purpose is to seek out and arrest persons driving drunk or driving "impaired to the slightest degree" due to consumption of alcohol or drugs. The vehicles that will be stopped at sobriety checkpoints are decided in advance by city, or county officials and their respective police departments.

According to the NHTSA guidelines adapted by Arizona, the determination of which vehicles to stop should be patterned by a mathematical formula of some kind: for example, every first, second or third vehicle that passes through the DUI roadblock. Police do not need any other reason to stop a vehicle at the DUI checkpoint.

Generally, penalties for a conviction do not differ from those resulting from a DUI checkpoint arrest and DUI arrest made in absence of a DUI checkpoint stop.

Chandler DUI Defense Lawyer
By law you have the right to defend your charges, no matter what circumstances led to your DUI stop and arrest. But in order to effectively challenge your DUI charges, you will need to retain an experienced DUI lawyer to defend your charges. Good criminal lawyers will defend your charges; make sure you are treated fairly; defend your constitutional rights, build and present a compelling defense case on your behalf. If you were arrested for a Chandler DUI you should contact criminal attorney who defends DUI charges in Chandler AZ frequently, to discuss your matter and defense options.

If you "Like" this article please let us know! Feel Free to subscribe and "Share"!

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

www.Arizonacriminaldefenselawyer.com
www.novakazlaw.com
www.arizonacriminaldefenseattorneyblog.com
www.Gilbertduilawyerblog.com
Arizona DUI, DWI, Drunk Driving & Criminal Defense Firm
Serving Tempe, Mesa, Chandler, Gilbert, Phoenix, & Scottsdale AZ
Free Consultation! Call (480) 413-1499

Chandler DUI Lawyers | Drunk Driving Defense

Wed, 23 Nov 2011 06:48:01 -0700

10 Facts you need to know if you face Chandler Drunk Driving DUI Charges!

1. Chandler Drunk Driving charges are very serious. Chandler DUI Laws are governed by Arizona State DUI laws and penalties which are some of the most strict and harsh in the entire US. Even a first time misdemeanor drunk driving conviction will expose you to severe penalties including time in jail time. Your best chance of getting Chandler drunk driving charges dismissed is to hire a private practice AZ criminal defense or AZ DUI attorney who defends DUI charges in Chandler on a regular basis.

2. Regardless of your DUI evidence, you have the right to challenge your DUI charges Regardless of your Blood Alcohol Content (BAC Level) which resulted from your DUI breathalyzer or blood tests, or whether or not your DUI is a repeat offense, you have the right to hire a private practice AZ DUI lawyer. Regardless of the evidence, you have the right to challenge your DUI charges in order to get them dismissed or reduced to lesser charges or penalties.

3.The Prosecutor is not your friend.
They have one job alone---to convict you. If you find your self in a conversation with the Prosecutor, avoid discussing any matters related to your DUI drunk driving charges or any other personal matters. Otherwise your statements can be used against you. Should a conversation should ensue with the prosecution be polite and respectful, but do not engage in any discussion regarding your Chandler drunk driving charges or otherwise, unless directed by the judge or your defense attorney.

4.You have the right to remain silent...Use it.
You do not want to incriminated yourself or damage your DUI defense. Instead, acknowledge you are aware of your right to remain silent, until you are accompanied by or consult your AZ DUI attorney, and wish to exercise it.

5. Promptly attend all scheduled court appearances for your Chandler
Arizona DUI or drunk driving charges or you will face an arrest warrant.
If you miss your court date or are late, the Judge has the authority to issue a "Bench Warrant", for your arrest due to your "Failure to Appear" (FTA) "A.R.S. 13-2506 Failure to appear in the second degree; classification and A.R.S. 13-2507 Failure to appear in the first degree; classification." The only exception is if you have retained a private practice Arizona DUI lawyer, and either your AZ DUI defense lawyer or the Judge instructs you otherwise.

6.Following a Chandler DUI or Drunk Driving Charge, you will need to deal with two separate entities. First, is a civil matter with the Arizona Division of Motor Vehicle (DMV). An Arizona DUI charge may initiate the suspension of your drivers' license even before your court matter is complete. The second is criminal matter through the Arizona criminal justice system for the DUI charges.

7. If you hire a good Chandler drunk driving lawyer they will immediately begin tailoring and building a strong Chandler drunk driving defense.
A successful defense begins well before your first scheduled court date. The more time you give your DUI lawyer to examine the evidence and build a defense, the greater your chances of getting the DUI charges dismissed. "Doing nothing" or waiting and hoping for the best, without hiring a Chandler DUI attorney, will get you a swift and severe conviction.

8.Without a strong private practice AZ DUI attorney defending you, the prosecution has an undisputed advantage over you. You may also be missing valuable negotiating opportunities through the proper legal channels. Lastly, you stunt you may detriment your defense, by having waived the opportunity to file early relevant motions to dismiss your charges, if they exist. There is no barrier for a defense and no one to protect your rights from unfair treatment and at an unfair disadvantage.

9. If you decide not to hire a private practice Chandler DUI attorney, you will be held to the same standard of the court as if you were represented by an AZ DUI Attorney. You don't get any breaks by the court, by not hiring a private practice Chandler drunk driving lawyer. You will be held to the same standards as would otherwise your Chandler DUI lawyer. This includes complying with procedures protocol; attending conferences and court appearances; meeting deadlines; building and presenting your own defense.

10. A good private practice Chandler DUI Lawyer will be prepared to make every effort to get your DUI charges dismissed. They will tailor, building, and presenting solid and compelling defense on your behalf. In some cases they may get your charges reduced to a less severe charge such as a civil traffic violation, get all or a portion of the evidence thrown out, to get the absolute best possible outcome in your case.

Getting a Tempe DUI Police Report | Tempe Criminal Defense Lawyers

Mon, 21 Nov 2011 06:11:20 -0700

"7 Important Facts about Your Tempe DUI Police Report"

Under Arizona State Public Records Law a defendant or accused is entitled to obtain a copy of their police report for criminal or DUI charges upon request. If you are being represented by a criminal defense lawyer or DUI attorney for your charges, they will generally obtain the report on your behalf. If retained, they will provide you with a complete copy of your report.

Below are important facts about obtaining it:

1. How to get a copy of your Tempe Police Report for your DUI or Criminal Charges
A copy of your Tempe Police report for DUI or Criminal Charges can be obtained either by mail; or in person.
To obtain a copy, you simply need to complete a written request form which can be found at the tempe.gov/policerecords/ website. The name of the form is "Request for Police Records" form number "TPD 706 Rev. 11/10."

2. Where to take or mail your request
Tempe Police Department does not accept requests by telephone, electronically, for DUI or Criminal charges. The address to mail your request is:
Tempe Police Department
120 E. 5th Street
Tempe, AZ 85281

3. Telephone number for Tempe Police Department Records Unit
The contact number for the Tempe Police Department Records Department is (480) 350-8304.

4. Tempe Police Department Records Unit Lobby Hours
Currently, the lobby hours to walk-in to pick-up the police report are Monday through Friday 8:00 am to 5:00 am.

5. Time it takes to get a copy of a Tempe Police Report for DUI or criminal charges
The average length of time it takes is 5 to 7 business days if it is available to be released.

6. Costs for copies of Tempe Criminal or DUI Police Reports
The cost for a copy of your report is $5.00 up to 20 pages. For every page over 20 the cost is .25 per page. You can pay by cash check or money order payable to City of Tempe. You should attached or bring your payment in with your completed request form.

7. If your case is under investigation, you may still request your Tempe Police Report
You may request your Tempe Police Report at any time. However, the Police Report will generally not be released until the police investigation is completed. You will then be contacted or it will be mailed when it becomes available.

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Why Do I need an Attorney?

Wed, 16 Nov 2011 06:42:53 -0700

James Novak, an experienced Tempe Arizona DUI and criminal defense lawyer explains important reasons why you need an attorney to fight for your criminal defense.

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How to Request a Phoenix Police Report | Criminal Lawyers Phoenix AZ

Mon, 14 Nov 2011 10:21:31 -0700

Quick reference for obtaining a Phoenix Police Report for DUI or Criminal Charges

1. How to request a Phoenix Police Report for Criminal or DUI charges:
You may obtain a copy of you DUI or Criminal incident police report by contacting the Phoenix Police Public Records Detail.

2. Location of the Public Records Detail of the Phoenix Police Department
The Public Records Detail area is located at the following address:

Phoenix Police Department
Attention: Public Records Detail
1717 East Grant Street Suite 100
Phoenix Arizona 85034

3. Telephone contact for Phoenix Police Dept. Records Section
The Phoenix Public Records Unit Telephone Number: (602) 534-1127 or (602) 262-7176.

4. Hours of Operation of the Phoenix Police Department Records Department
Hours of operation are 8:00 am to 4:00 PM. Days opened are Monday through Friday; and is closed for observed holidays.

5. Length of time get you copy of a Phoenix Police Report for DUI or criminal charges
Generally Police Reports can be ready for release by request anywhere from 10 days to two weeks. However, depending on the incident, it could be more or less. You should contact the Public Records Detail Unit for questions including fees for obtaining the police reports.

6. Phoenix Police Reports on police investigations still pending
Generally a police report cannot be released pending an investigation. If you have requested a report prior to the completion of the report, the public records department would usually release the report once it is closed.

7. Although you may do so, it is generally not necessary for you to obtain a copy of the police report if you have retained a Phoenix DUI lawyer or Phoenix criminal attorney to defend you.
One of the first things your criminal defense or DUI lawyer will do once retained is request a copy of the police report. In many cases, your attorney will obtain a copy of the report and all information pertaining to it from the Prosecution. Your attorney will usually take care of any costs associated with obtaining the reports as part of your legal representation fees. Phoenix criminal defense lawyer practices may vary. You should contact your attorney for instructions.

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Requesting a Mesa Police Report | Criminal Defense Lawyers in Mesa AZ

Thu, 03 Nov 2011 06:53:06 -0700

Simple instructions for obtaining a Mesa Police Report for your DUI or Criminal Charges

1. How to get a copy of your Mesa Police Report for your DUI or Criminal Charges
To obtain a copy of a Mesa Police report for your DUI or Criminal Charges you may do so my mail. You will need to do the following:

A. Go to the mesaz.gov/police website;
B. Click on "Departments"
C. Select "Records";
D. Download the "PUBLIC RECORDS REQUEST" form.
E. Complete the Form.
F. Mail the Form with your check or money order

2. Where to mail your police report request:
Mesa Police Department does not accept requests by telephone, electronically, for DUI or Criminal charges. The address to mail your request is:
Mesa Police Dept. Records Division
PO Box 1466
Mesa, AZ 85211

3. Telephone number for Mesa Police Department Records Division
The number for assistance with completing the form or obtaining a copy Mesa Police report for your DUI or criminal charges is (480) 644-2310.

4. Time it takes to get a copy of a Mesa Police Report for DUI or criminal charges
The average time for release of a Mesa Police Report for an incident not under investigation is on average 14 days.

5. Costs for copies of Mesa Criminal or DUI Police Reports
The cost for a copy of your Mesa DUI or criminal incident report is $5.00 for up to 50 pages, and .20 for every page thereafter. If a certified copy is needed, the cost is an additional $10.00 per incident report. Checks should be made payable to the Mesa Police Department, and should accompany your completed records request form.

6. Mesa Police Reports on police investigations still pending
If your incident is still under investigation, you may still request your police report. However, the police report will not be available to the public until the investigation is completed. In most cases, the Records Division will send you a copy of the report when it is ready. However, if you think the investigation is completed and still have not received the report you requested, you should contact them by phone or in writing to check the status of your request.

7. You do not need to request a copy of the police report if you have a criminal defense lawyer for your Mesa DUI charges
If retained, one of the first things your Mesa criminal defense lawyer will do is to obtain a copy of the police report on your behalf. They will usually take care of the fee as part of your legal representation services. In many cases they will request more than just the police report. They will also request audio, video recordings or dispatch call transcripts if there are any available and related to your incident.

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Criminal Lawyers in Scottsdale | Criminal Defense | Criminal Rights

Tue, 01 Nov 2011 07:15:23 -0700

"If your rights were violated by Scottsdale Police, it can often lead to a dismissal of your criminal or DUI charges in Scottsdale. The key to increasing your chances of winning based on this defense strategy, it is best that compelling arguments be presented by your experienced criminal or DUI attorney who defends charges in Scottsdale.

It is a good idea to become familiar with your criminal rights, before you are arrested or charged with a DUI or crime in Scottsdale AZ. Generally they can be categorized as three different types of criminal rights:

1) Rights afforded by United States Constitution, which are fundamental rights called Constitutional Rights";
2) State of Arizona and Arizona Law;
3) Procedural rights related to the formal charges filed against you, and Arizona criminal court and criminal justice process.

Below are some of your most common and basic criminal rights to invoke or that may apply if you are to arrested or face Scottsdale criminal or DUI charges:

• Your right to "an attorney", criminal or DUI defense, without unjust delays. You must verbalize you wish to invoke this right;
• Your right to "remain silent; you must verbalize this right for it to be invoked;
• Your right to "due process" in order to challenge your Scottsdale Criminal or DUI charges and have an attorney defend you;
• The right to refrain from self-incrimination. You must invoke this right;
• Your right to plead "not guilty";
• Your right to raise justifiable defenses to challenge the charges;
• Your right to obtain and present evidence that will strengthen your defense;
• Your right to challenge the accuracy or credibility of evidence against you;
• Your right for a fair and speedy jury trial (when a jury trial is allowed )
• Your right to freedom from unjust or unwarranted "search and seizure" of your property, vehicle, home or yourself, in absence of a valid search warrant, or "plain sight" exclusion.
• Your right not to be subjected to "cruel and unusual" punishment. Although there is no clear or consistent definition of cruel and unusual punishment, it is generally found that is applies if the punishment violates basic human rights, or dignity.
• "Double Jeopardy" - This relates to the prohibition of the prosecution from bringing the same charges against you twice. It also prohibits the court from the Court invoking more than one punishment for a single crime or violation of the law. Much controversy surrounds this issue. If you have a specific matter, you should refer consult a criminal defense attorney.

If you were arrested or face active Scottsdale criminal or DUI charges, and you feel your rights have been violated, you should contact an experienced criminal or DUI lawyer who defends Scottsdale charges. Do to the complexities of the criminal justice system and the nature of the arguments your chances of getting a good outcome due to these violations are the most successful if argued by a qualified Scottsdale criminal defense or DUI attorney.

Arizona Criminal Defense Lawyers | Drunk Driving Arizona

Fri, 28 Oct 2011 06:56:33 -0700

5 Things you need to know if you were arrested for AZ drunk driving

1. Drunk Driving laws in Arizona carry some of the most severe penalties
in the county. If you choose not to retain a private practice Arizona DUI
defense Attorney, you will most likely be convicted. If convicted for an
Arizona DUI you will be exposed to sentenced to jail time, as well as other
Severe penalties.

2. The Maricopa County Prosecutor is not your friend. Although they may appear friendly, and greet you with a smile- beware, they have only one job--- to convict you of an AZ DUI. After the police charge you for drunk driving in Arizona, the DUI case then goes to the Prosecutor. Should the prosecutor strike up a conversation with you, do not reciprocate. You have the right to remain silent. Use it. If not, the prosecutor will note all that you say. You may be surprised to learn what they can use against you in trial. Therefore, politely acknowledge your right to remain silent, until you are accompanied with, or speak to your AZ DUI Lawyer.

3. Make sure you appear to all your court dates for your Arizona drunk
driving charge. If you miss your court date or are late the Judge may issue an
arrest warrant for your "failure to appear". The only time you would not need to appear your scheduled court date is if you have retained a private practice Arizona DUI lawyer, or the Maricopa County Judge instructs you otherwise.

4. When charged with an AZ DUI, you will usually need to deal with two separate entities with your Arizona drunk driving case. The first entity is the Arizona Motor Vehicle Division (MVD). An Arizona DUI charge may initiate the suspension of your drivers' license even before your court matter is complete. You are entitled to a MVD hearing as long as you request it within 15 days to request a days. Otherwise, you forfeit the right to defend your driving privileges and driver's license suspension. The second is criminal Court for the criminal matter, the AZ DUI.

5. If you retain an experienced Arizona dui lawyer, they will immediately begin your AZ drunk driving defense begins before your first scheduled court date. This is important, because doing nothing, or waiting until the last minute will affect the outcome and negations, most often not in your favor. On the other hand an Arizona DUI Attorney will be prepared to make every attempt to get evidence dismissed; find exculpatory evidence (additional evidence that will favor your defense); and make every effort to open lines of communication and negotiate with the prosecutor on your behalf. A word of caution, if you do not intend to be represented by a qualified DUI Attorney in Arizona, it is best that you not attempt to do these things on your own. To the contrary and unknowingly, your words and actions can be used against you. An experienced DUI lawyer will instruct and guide you though the processes. They in effect act as a barrier between you and the prosecution and police to make sure your rights are not violated and that you do nothing innocently to harm your case. They will tailor and build the best defense strategy based on the facts and evidence of your case, to provide a solid defense and will make every effort to get your case dismissed.