mercredi 9 novembre 2011

What A Professional DUI Attorney Can Do For You

Throughout America a countless number people get arrested for driving while intoxicated and face harsh charges. When it comes to Phoenix, Arizona a DUI attorney is required to fight an inadequate system in order to assist those who find themselves in this position. This short article looks at consequences of getting charged under Arizona DUI Law and ways to avoid the blunt of the legal system, this means hiring a good DUI attorney.

Arizona boasts many of the most stringent DUI laws within this country, whether being aggravated or arrested for felony, DUI usually means an individual will often face mandatory prison time; significant penalties and courtroom fees or costs; loss of driver’s’ license roughly 3 years; mandatory counseling, treatment and therapy; continuous monitoring and a probation after imprisonment.

Nevertheless, as there may be miss charges when a person does commit a felony, Phoenix criminal attorneys need to prove to the system that this person committed a felony. Because you are innocent until proven guilty it is the Phoenix criminal attorney’s job to fight for the safety of people in Phoenix, Arizona and around the nation. This point of view many times is not taken into consideration because of the bad rep lawyers have for being liars. However, without them there would be no way of putting together the evidence and presenting it to the system.

Finding the right Phoenix criminal attorneys to protect you or represent is easier than many believe if you follow three important guidelines.ONE- Experience, experience, experience. Many people may put this to a side and not see it as important as cost, however when it comes to your life money is not a factor. Phoenix criminal attorneys who have been serving the public for over 10 years have and have an impeccable track service are an easy pick.

Dui Attorney Phoenix:DUI Attorney Phoenix

If you’ve been arrested for driving under the influence in Phoenix, you may be wondering why it is so important to have a DUI attorney Phoenix to represent you. There are a number of reasons why it is important to have an attorney who specializes in DUI cases guiding you from the time of your arrest until your criminal trial has ended. Your attorney can gather information about your case, speak with the prosecutor to try to make arrangements for a plea deal, ask expert witnesses to testify during your trial, and speak on your behalf at administrative proceedings and prior to sentencing. Having a DUI attorney on your side can make the difference between winning your case and being convicted of DUI and having to face all of the penalties associated with such a conviction.

If a person is charged for driving under influence, he should immediately contact a DUI attorney. With the new stringent laws, it is not possible to get away easily, if charged with DUI. Juries try to set an example by delivering harsh sentences, to keep away others from driving under influence of alcohol. Only an experienced attorney knows how to take advantage of the legal loopholes and save his client’s skin. The lawyer will be effectively present arguments in defense of his client so that the latter gets away with minimum punishment. A person has to select the right attorney. The attorney will ensure that the fine paid by the accused or jail time be as minimal as possible.

Intoxication while driving has been defined as levels of blood alcohol count or BAC above 0.08%. Even if the BAC is found to be just 0.08% one is considered drunk and unfit for driving. Therefore, the very first precaution you need to take is to avoid drinking and driving and vice versa. A little precaution can help get rid of a lot of hassle. Although this is common knowledge, you may still find yourself or a friend in the midst of a controversial situation wherein you will need to legally prove an alternative reason for testing positive for drunken driving. This is where a DUI attorney can help you.

DUI Attorney Phoenix Explains Classification of DUI Cases. For a first offense without any special circumstances, you will be charged with a misdemeanor. If you have received two other convictions for DUI in a five year time period, any subsequent driving under the influence cases can be charged as felonies. Many circumstances can change how a DUI case is charged. If you commit a DUI offense while your license is suspended or revoked, this can change the charge from a misdemeanor DUI to a felony DUI. Your case can also be charged as a felony if you were driving with a child under 15 years of age while committing your DUI offense. When the prosecutor takes a case to trial, you will have a jury of six people unless you waive your right to a jury trial. If a trial is waived, a judge will make a decision in the case. Instead of waiving your right to trial and experiencing negative consequences, consult with a DUI attorney Phoenix and find out what your best course of action is for proceeding.

In case you are looking for experienced Dui Attorney Phoenix, Phoenix offers a great solution in the form of The Law Offices Of Kevin Breger, PLLC. They hire and offer the services of only recognized and experienced attorneys, and not paralegals, who give you a different approach to criminal laws and help you steer clear of charges.

Phoenix Dui Attorney:What A Professional DUI Attorney Can Do For You

What we today call the criminal justice system has long evolved from since ancient times, with new forms of punishment, added and different rights to offenders and victims. As the system advanced so did the lawyers who are embedded in it as well. Phoenix criminal attorneys are the backbone of the criminal justice system. In that criminal attorneys are directly involved the actual events that occur in the system. This article will explore how Phoenix criminal attorneys influence the criminal justice system and what is the best way to find Phoenix criminal attorneys.

Arizona boasts many of the most stringent DUI laws within this country, whether being aggravated or arrested for felony, DUI usually means an individual will often face mandatory prison time; significant penalties and courtroom fees or costs; loss of driver’s’ license roughly 3 years; mandatory counseling, treatment and therapy; continuous monitoring and a probation after imprisonment.

Nevertheless, as there may be miss charges when a person does commit a felony, Phoenix criminal attorneys need to prove to the system that this person committed a felony. Because you are innocent until proven guilty it is the Phoenix criminal attorney’s job to fight for the safety of people in Phoenix, Arizona and around the nation. This point of view many times is not taken into consideration because of the bad rep lawyers have for being liars. However, without them there would be no way of putting together the evidence and presenting it to the system.

The United States has the highest degree of justice and democracy when compared to anywhere else in the world, but at times considered ironically on the subject of driving under the influence situations. This short article can only give you a glimpse of what commonly happens to people and to recommend that when it happens to you, it is best to retain the services of a specialized attorney who handle and can beat your Phoenix DUI charge.

TWO- Talking about an impeccable track record, experience is important however talking in consideration how many cases the criminal attorney has won is as important. THREE- Attorneys who provide and aggressive representation is central when having to face a trail. Defensive passive attorneys will not get the work done and will not provide adequate representation. As you may have noticed these are a few reasons why Phoenix Dui Attorney are so important to our criminal justice system as well as to our society. By following the three simple guidelines you may find attorneys of law with a lot more ease. Finally when choosing Phoenix criminal attorneys do not forget to choose a lawyer who you believe is representing you just like he would like to be represented.

Criminal Lawyer Phoenix | Criminal Defense

"How good defense Attorneys in Phoenix help you avoid self-incrimination after an arrest for Phoenix DUI or Criminal Charges"

Experienced Phoenix Criminal Lawyers may disagree on a variety of topics related to criminal defense. But one thing good criminal defense lawyers will always agree on, is that you preserve your "right to remain silent" and "your right to an attorney".

Following your arrest for Phoenix DUI or criminal charges you should not agree to be interrogated or answer any questions regarding your guilt or innocence or any other facts surrounding the Phoenix Criminal or DUI charges, until and unless your Phoenix criminal defense lawyer or Phoenix DUI Attorney is present.

An arrest for Phoenix DUI or criminal charges is a traumatic ordeal. If you can remember nothing else, once you have been arrested or taken into custody, you must remember to "Remain Silent". Do not agree to answer questions or to be interrogated about the criminal charges without your Phoenix Defense Attorney present. Following a Phoenix DUI arrest or arrest for any other Criminal Charges, you may feel that everything is out side of your control. But there are two things that will remain within your control, unless you voluntarily give up control or waive your rights:

1. Your Right to an Attorney; and
2. Your Right to Remain Silent

At the point that you are arrested, hand cuffed and taken into custody, the Phoenix Police have already made up their minds to arrest you and take you into custody. Beware, the police are taking notes of your every action and word. The Phoenix Police work closely with the Arizona Prosecution to get a conviction. So they will use whatever you do and against you if they can. There is no benefit to allowing yourself to be interrogated or questioned following your arrest or detention for the criminal or DUI charges. It can only detriment your defense. The Phoenix Police and Arizona Prosecution may appear to be sincere. They would like you to believe that their motive to "help" you in your defense. Not so - Don't buy it. Their job is to convict you, not defend you.

You will make the Arizona Prosecution's job easier to convict you of the crime if you allow yourself to be interrogated or questioned in absence of your Phoenix Defense Lawyer. The Police and Prosecution are elated when defendants give them narratives or allow themselves to be interrogated without their Phoenix defense attorney present following their arrest. Any information they obtain from you will be used to strengthen their case against you in order to get a conviction. You do not have to help them convict you.

Phoenix DUI and Criminal Defense Lawyers in Arizona
As soon as reasonably possible, following your arrest, you should retain representation of a private practice Phoenix DUI lawyer or Phoenix criminal defense attorney. A good Phoenix DUI lawyer, who defends Criminal and DUI charges on a regular basis, will act as a barrier between you and the Phoenix police/prosecution. An experienced criminal defense attorney will make sure your constitutional rights are protected; make sure you are treated fairly; be present during any interrogations in a more controlled environment to protect you from unfair questioning; object to or provide guidance on whether or not you are required to answer certain questions that may incriminate you or harm your defense; and begin tailoring and building a strong defense on your behalf. A good Phoenix criminal attorney or Phoenix DUI lawyer will make every effort to get your charges dismissed, in whole or in part, or reduced. Retaining an experienced Phoenix DUI attorney or criminal defense lawyer is by far, your best chance of getting your charges dismissed, or the otherwise best possible outcome in your case.

This blog has been posted for general public informational purposes only. All articles by this author are intended to raise awareness and generate discussion on a variety of Arizona State Law issues and topics. Note that Arizona legislation, laws, criminal code and DUI laws and penalties frequently change. If you have a criminal or DUI defense matter related to this topic, it is important that you consult or hire an Arizona criminal or AZ DUI lawyer in the jurisdiction or municipality of Arizona where you received your charges of up to date information.

If you have an outstanding warrant for arrest in Arizona or have been arrested in Maricopa County for AZ DUI other criminal charges contact the Law Office of James Novak, for your Free Consultation at             (480) 413-1499      . Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Mesa, Scottsdale, Tempe, Phoenix, Chandler, Gilbert Arizona, East Valley, AZ and surrounding cities in Phoenix metro area.

mercredi 2 novembre 2011

Avoid a Halloween DUI: Tips and Safe Ride Programs

If you’re in the 18-and-over crowd, your most important decision this Halloween will probably be deciding whether to drink-or-drive instead of trick-or-treat. In order to prevent every driver’s worst nightmare - a Halloween DUI - we offer some tips and safe ride programs that should keep you from having to do the Monster Mash in a Phoenix drunk tank.

Good driving habits are typically the same, regardless of whether it is Halloween or any other night. However, holiday festivities always increase the chances that drinking and driving may occur. Thus, we remind you of the following tips:

    Create a plan to get home before the Zombie Prom begins;
    Designate a sober driver;
    Leave your car keys at home;
    Call a friend or family member or use public transportation to get home;
    Call 911 if you think a driver on the road is impaired; and
    Don't let friends drive if you think they're intoxicated.

But who wants to be the sober person in a sea of sparkly vampires, faux Nicki Minajes, and bright blue Avatars? Instead, check out safe ride programs which offer free rides or car tows for drunk drivers on Halloween night.

Smartphone applications like FreeRideHome make it even easier to locate safe ride programs in your surrounding area. Many of the programs even offer discounts through the apps if they're not completely free.

Pre-planning before heading out to your freaky festivity is the best way to avoid a Halloween DUI this weekend. We hope you have one Thriller of a weekend!

Are SCRAM Bracelets Next For Arizona DUI Penalties?

Arizona is particularly known for its strict DUI penalties, but it has yet to require the alcohol-monitoring ankle bracelets made infamous by Lindsay Lohan. Are Secure Continuous Remote Alcohol Monitoring (SCRAM) bracelets the future of Arizona DUI penalties? What exactly would its inclusion mean for Arizona drivers?

Many jurisdictions have begun using SCRAM bracelets to monitor the alcohol use of certain convicted DUI drivers. The bracelets are attached to a person’s ankle and detect the presence of alcohol in the person’s sweat. Typically, courts will order their use in early release and probation cases or for repeat DUI offenders.

The benefits of the SCRAM bracelet help both convicted drunk drivers and authorities. It allows for continuous alcohol monitoring, which makes in-person check-ins less necessary.

The downside for offenders is that they have to pay for the SCRAM bracelet and its services. In some places, they can cost hundreds of dollars per month, unless the defendant cran prove financial hardship. Some critics also claim that the SCRAM bracelets have the potential of giving false information about the presence of alcohol.

LiLo once claimed that her SCRAM bracelet was set off because her mother accidentally spilled her drink on the troubled actress' device. The company's national sales manager countered that a spilled drink registers a steep spike, which is differentiated from alcohol in a person's sweat.

Arizona already requires the installation of an ignition interlock device for a minimum of one year for any DUI conviction. The device connects to a vehicle's starter and prevents the car from turning on until the driver passes a Breathalyzer test attached to the device. In the future, SCRAM bracelets could be the next required Arizona DUI penalty device.

Tucson Police Sergeant Arrested on Suspicion of DUI

Tucson Police Sergeant Arrested on Suspicion of DUI
As a officer of the law, you’re held to a higher standard than other citizens in upholding the law when either on-duty or on-call. This higher standard became clear Thursday morning when a Tucson Police Department sergeant was arrested on suspicion of DUI, reports KOLD. Ironically, he may have been trying to assist authorities during a call when they began to suspect that he may have been impaired.

Sgt. Robert Callan was reportedly responding to a S.W.A.T. call-out in Tucson near Flowing Wells and Wetmore. He drove to the scene in his personal vehicle, according to the Tucson Police Department. Once he arrived, however, officers allegedly noticed that Callan was exhibiting signs and symptoms of possible intoxication.

The Tucson police sergeant was arrested on suspicion of DUI and faces misdemeanor charges for driving impaired. The Tucson Police Department has also reportedly launched an internal investigation into Callan's actions.

Although Callan may be held to a higher standard in the eyes of the community, DUI law treats all offenders, regardless of occupation, the same. He faces possible jail time, expensive fines, and the installation of an ignition interlock device in his car. In addition, given the results of their internal investigation, the department could severely reprimand the sergeant, whether through suspension without pay or a note in his record which could affect future promotions.

If you have been arrested on suspicion of DUI, you should consider contacting an experienced Phoenix DUI attorney. The consequences of a DUI conviction, as in the case of the Tucson police sergeant, could affect not just your freedom, but also your employment.

Phoenix DUI Defense Attorney serving Phoenix, Arizona

Need a Phoenix DUI Attorney? Todd E. Nolan is an experienced Phoenix DUI Attorney to help you mount an effective defense in your DUI case. With over a decade of experience dealing with Phoenix DUI cases, DUI Attorney Todd E. Nolan will guide you through the entire process.

To get a fair trial in a Phoenix DUI case, you need a DUI Attorney with the experience necessary to fight for your rights; that's why you need to call The Nolan Law Firm to start your DUI defense today. Waiting can only damage your case; you need an aggressive Phoenix DUI Attorney working for you right now.

Click here to Contact a Phoenix DUI Attorney Today!

Already been convicted of a DUI in Phoenix? Cari McConeghy-Nolan is an experienced, aggressive appellate DUI attorney who can help you mount an appeal in your Phoenix DUI case. You only have a limited amount of time to appeal your DUI conviction, and The Nolan Law Firm can help, but you must act fast.

Click here to Contact a Phoenix DUI Appellate Attorney Today!
FAQ About Phoenix DUI Attorneys

What is a Phoenix DUI Attorney?
Why do I need a Phoenix DUI Attorney?
Where can I find a Phoenix DUI Attorney?
What if I've been convicted of a DUI in Phoenix?
What is a Phoenix DUI Attorney?

A DUI Defense attorney is an attorney in Phoenix attorney who is who has experience in defending people against Phoenix's tough DUI laws. There are many attorneys out there who will take a DUI case, but only an experienced Phoenix DUI Attorney knows how Phoenix's tough DUI laws work.
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Why do I need a Phoenix DUI Attorney?

If you have been accused of a DUI in Phoenix, you could be facing stiff penalties, including fines, an ignition interlock device, loss of your driving privileges or jail time. Phoenix has some of the toughest DUI laws in the country, which is why you need a Phoenix DUI Defense Attorney on your side. Many people feel like they know their rights or have a good understanding of the law, but only experienced Phoenix DUI attorneys will be intimately familiar with all of the applicable laws and how to effectively defend your rights. Any attorney can review your case, but only an experienced Phoenix DUI defense attorney will know precisely how to conduct your defense.
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Where can I find a Phoenix DUI Attorney

If you're in Phoenix, then look no further than The Nolan Law Firm. Our skilled Phoenix DUI Defense Attorney, Todd E. Nolan, can help you start your DUI Defense TODAY!

Click here to contact a Phoenix DUI Attorney
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What if I've been convicted of a DUI in Phoenix?

Even if you've already been convicted of a DUI in Phoenix, it's still not too late. You have a right to an appeal, and Cari McConeghy-Nolan, a Phoenix DUI Appellate Attorney at The Nolan Law Firm, has years of experience in Phoenix Appellate cases. With her skills as an appellate attorney, Cari can review your case and make sure that you got a fair trial. There are time limits, so contact a Phoenix DUI appellate attorney TODAY!

Phoenix DUI attorneys contribute to Tempe High School

The Phoenix DUI attorneys of Alcock and Associates contribute to Tempe High School's International Baccalaureate Program.

/EINPresswire.com/The DUI Attorneys and criminal defense lawyers at Alcock and Associates are pleased to announce their latest charitable initiative. The Phoenix Law Firm is sponsoring the Tempe High School International Baccalaureate Diploma Programme. Thanks to their generous contribution to the school, children who were unable to pay the tuition for the program will now be able to participate.

Attorney Nicholas Alcock, the owner of Alcock and Associates law firm, is a Tempe High School graduate. He reached out to the school to see how he can help to directly assist their students. Mr. Alcock contacted his former teacher, Scott Greenhalgh, and learned that there were students who wanted to take part in an enormously successful program, but didn't have the resources to pay the cost.

Alcock states, "After speaking with Mr. Greenhalgh, it became obvious to me what needed to be done. The International Baccalaureate Diploma Programme is an award winning system that prepares students for higher education. The track record of the program is impeccable and it clearly is something that benefits kids. How could I not support such and initiative?"

The International Baccalaureate program is a not for profit charity. Their goals are to develop the educational and personal skills of all their students. The program was founded in the late sixties and has rapidly expanded. Currently, the IB program is working with over 3,000 schools in 141 countries. It truly is an international program. This year, there are almost one million students worldwide are enrolled.

Attorney Alcock notes, "I think what separates the IB program from other initiatives is that is seeks to develop all aspects of their students. The young men and women must completely commit to their studies. Students in the program are required to write an extended essay and engage in independent research. They are also required to learn by getting involved in the community by performing community service. Lots of people talk about what is necessary to promote children's education--the IB program is taking direct action."

The law firm of Alcock and Associates is extremely involved in local charities and is committed to helping people worldwide. Over the years, the lawyers have donated hundreds of hours of their time to give free community legal assistance. In Latin America, the firm has several charitable agencies that have donated over 500,000 free meals to the hungry. The firm routinely makes large contributions to the Children's Crisis Nursery, Phoenix Children's Hospital and other charitable foundations. For more information about Alcock and Associates law firm

mercredi 7 septembre 2011

Criminal Defense Lawyer Gilbert AZ | Criminal Rights List | AZ Criminal Law

"If your rights have been violated, it can often lead to dismissal of evidence or your criminal charges in Gilbert AZ. The key to a successful defense based on rights violations is to hire an experienced criminal defense trial and defense lawyer who will investigate and raise compelling arguments on your behalf."

Experienced criminal defense and DUI lawyers who defend criminal charges in Gilbert are naturally very familiar with the laws, and how to use them in favor of your defense. It's a good idea for you to be familiar with your criminal rights before you get charged or arrested in Gilbert AZ. Many feel that laws and procedures are in place only to use against them to arrest, and convict. But the fact is that laws also exist to protect them even if they are accused of a crime.

To simplify, we will break them down into three types of criminal rights: 1) Federal Rights. These are the rights guaranteed under The United States Constitution or Constitutional Rights; 2) State Rights under Arizona Constitution and State Laws; 3) Procedural Rights, those related to processing formal criminal and DUI charges in the AZ criminal justice and criminal court process.

Below are some of the most common criminal rights (list is not all inclusive):

• The Right to "an attorney", criminal or DUI defense, as soon as reasonably possible (must be invoked by the accused );
• The Right to "remain silent" (must be invoked by the accused);
• The Right to "due process" to defend the charges in the criminal court system;
• The Right chose not to allow self-incrimination;
• The Right to plead "not guilty" of the charges;
• The Right to use justifiable defenses;
• The Right to obtain and present exculpatory (in favor of defense) evidence;
• The Right to challenge the credibility of evidence the prosecution intends to use;
• The Right to a fair and speedy jury trial (for charges eligible for jury trials);
• The Right to deny unwarranted "search and seizure" of property, vehicle, and person.
• The Right not to be treated humanely and with dignity not with "cruel and unusual" punishment.
• "Double Jeopardy" prohibition: the Right not to be charged, arrested, tried or punished, for the exact same or original incident.

If you face active criminal or DUI charges Gilbert AZ, or you feel your rights have been violated, you should contact an experienced criminal or DUI lawyer who defends Gilbert charges as soon as possible. Violations of constitutional rights can lead to dismissals of evidence or even complete dismissals of Gilbert criminal or DUI charges. Such allegations by a defendant involve certain evidentiary issues that must be proven and compelling, and defended through the complex criminal court system. For these reasons, your chances of getting a good outcome for challenging constitutional right violations are the most successful if investigated and argued by an experienced Gilbert criminal defense and trial lawyer.

If you have an outstanding warrant for arrest in Arizona or have been arrested in Maricopa County for AZ DUI, DWI, Drunk Driving or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at             (480) 413-1499      . Speak directly with experienced Arizona criminal Defense and DUI & Criminal defense Attorney, James Novak (Former Prosecutor). The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Mesa, Scottsdale, Tempe, Phoenix, Chandler, Gilbert Arizona, East Valley, AZ and surrounding cities within the Phoenix metro and Maricopa County Areas.

This blog has been posted for general public informational purposes only. All articles by this author are intended to raise awareness and generate discussion on a variety of Arizona State Law issues and topics. Note that Arizona legislation, laws, criminal code and AZ DUI & criminal laws and penalties frequently change. If you have any active criminal or DUI or criminal defense matters related to this topic, it is important that you consult or hire an Arizona criminal or AZ DUI or criminal defense law firm in the jurisdiction of Arizona where you received your charges of up to date information on the laws, penalties and defense options.

Phoenix DUI Attorney answers a simple question: What does a DUI attorney do anyway?

As a Phoenix DUI Attorney with over a decade of experience, I am asked by many people, “what do you really do for people charged with a DUI offense?”  It is a completely valid question.  I have met with many people who previously were arrested for a DUI case.  They hired another attorney and felt that they got little in return.
       I have found that the bulk of these people had one common complaint, they just had no idea what their attorney did for them.  The lack of information made them suspect that the attorney cashed their check and went to go play golf.  While it is possible that their prior attorney did next to nothing, it is more likely that the client was simply never informed about what steps were taken.  Representing a client for a DUI actually is a lot of work.  We have to travel to court numerous times over a period of months.  Interviews are conducted.  Motions are written and evidentiary hearings are conducted.  The trick of the trade is to inform the client of what is occurring.
       Honestly, it didn’t used to be so much work.  Arizona DUI lawyers had more options when defending clients charged with drunk driving.  Back in the day, say 1995, a lawyer could go to the prosecution, explain that the client had no prior convictions and was generally a good person.  The prosecution could conceivably dismiss the DUI and offer a reckless driving plea.  But today, the “good ol boy defense” (as I call it) is a thing of the past.
       Most DUI courts have very rigid policies and procedures.  A prosecutor probably isn’t going to fall for the, “Come, on, please?” defense.  As a result, DUI attorneys in Arizona have to get more creative, more diligent and more focused in their case defense.  The good news is that there still are many ways to win a DUI case, and the prosecution is even more burdened with high caseloads than ever.  Prosecutors who are dealing with gigantic caseloads are more likely to make mistakes and more likely to want to bargain if they are forced into a corner.
       The best way to make a DUI prosecutor want to deal is to file a motion to dismiss the case.  There are several basic motions to dismiss that are more commonly filed that you would think.  For example, the police have to pull a DUI suspect over for a valid reason.  Quite a number of police officers simply don’t sufficiently document why the traffic stop occurred in the first place.  Without a valid reason to stop the car, the case can be thrown out.  If the suspect asks to speak with an attorney, the police must make reasonable efforts to allow the suspect to call an attorney prior to drawing blood or performing a breath test.  If blood is taken, adequate documentation must be kept.  Finally, even in cases where the prosecution has all their ducks in a row, they still need witnesses to appear in trial and testify coherently against the defendant.  You might be surprised how many times they have a difficult time getting their witnesses to court.  If witnesses don’t appear, we file a motion to dismiss the case.
One of the things we do at Alcock and Associates is fully inform our clients of the moves we make.  We ensure that our clients know about the witness interviews we are conducting.  We give our clients copies of motions we file.  We also give them status reports so they know what happened in court.  Hiring a DUI attorney in Phoenix doesn’t have to be a roll of the dice.  We make it so that our clients are educated as to exactly what our strategies and tactics are.  As a result, we have had tremendous success in building our Arizona DUI law firm.

Phoenix DUI Attorneys offer advice to avoid a DUI arrest this Labor Day

"People tend to think that as long as they drive carefully, they won't get pulled over. What people don't know is that the police set up checkpoints and pull over everyone, regardless of their driving behavior. Furthermore, the police often stop a vehicle for the most minute traffic violation, including ticky-tack equipment issues such as a crack in the windshield."
“People tend to think that as long as they drive carefully, they won't get pulled over. What people don't know is that the police set up checkpoints and pull over everyone, regardless of their driving behavior.”

Speaking with other Phoenix DUI lawyers, Alcock has noted that some bars receive intense scrutiny from the police. He notes, "I know that there are particular establishments that the police pay special attention to. Anyone leaving these bars stands a much higher risk for a traffic stop. Once you talk to 20 or 30 people who claim they were stopped for no reason outside a particular bar, it gets your attention."

So what should you do if you find yourself getting pulled over? DUI attorney Alcock says don't panic. "When the lights and siren come on the DUI investigation has already started. They way you drive, how you park when you pull over, and whether or not you fumble for your license in your wallet are all pieces of evidence that a police officer will scrutinize. Be very careful to park your vehicle correctly. Be polite and have your paperwork ready to hand over when the officer taps on the window."

That being said, a person always has the right to remain silent. Alcock notes, "There is nothing wrong with saying that you would like to call your attorney before answering any questions. That statement cannot be used against you later in court. It doesn't make you look more guilty, it just means that you are aware of your Constitutional rights." By invoking your right to a DUI lawyer, the police will not be able to ask questions about how much you had to drink and how impaired you feel. It also prevents the police from conducting roadside field sobriety tests. As a result, the police will have less evidence to support an arrest and the prosecution will have less ammunition in court should your case go to trial.

So this labor day season, be careful and remember that Arizona is effectively a zero-tolerance state when it comes to DUI. The best piece of advice a criminal defense attorney can give is to tell a person to take a cab instead of risking it behind the wheel. If you have been arrested for DUI, feel free to call the Phoenix law firm of Alcock and Associates for a free consultation

samedi 18 juin 2011

Phoenix Defense Lawyer

Structured Settlements in the United States

The United States has enacted structured settlement laws and regulations at both the federal and state levels. Federal structured settlement laws include sections of the (federal) Internal Revenue Code.[5] State structured settlement laws include structured settlement protection statutes and periodic payment of judgment statutes. Forty-seven of the states have structured settlement protection acts created using a model promulgated by the National Conference of Insurance Legislations ("NCOIL"). Of the 47 states, 37 are based in whole or in part on the NCOIL model act.[citation needed]Medicaid and Medicare laws and regulations affect structured settlements. To preserve a claimant’s Medicare and Medicaid benefits, structured settlement payments may be incorporated into “Medicare Set Aside Arrangements” “Special Needs Trusts."

Structured settlements have been endorsed by many of the nation's largest disability rights organizations, including the American Association of People with Disabilities [6] and the National Organization on Disability.[7]

In April 2009, financial writer Suze Orman wrote in a column [1] that structured settlements "provide ongoing income and reduce the risk of blowing a lump sum through poor financial choices." In response to a reader's question, she added that financial security can be improved "if you use the structured payouts wisely."
[edit] Definitions

A definition of “structured settlement” can be found in Internal Revenue Code Section 5891(c)(1) (26 U.S.C. § 5891(c)(1)), which states that a structured settlement is an "arrangement" that meets the following requirements:

    A structured settlement must be established by:
        A suit or agreement for periodic payment of damages excludable from gross income under Internal Revenue Code Section 104(a)(2) (26 U.S.C. § 104(a)(2)); or
        An agreement for the periodic payment of compensation under any workers’ compensation law excludable under Internal Revenue Code Section 104(a)(1) (26 U.S.C. § 104(a)(1)); and
    The periodic payments must be of the character described in subparagraphs (A) and (B) of Internal Revenue Code Section 130(c)(2) (26 U.S.C. § 130(c)(2))) and must be payable by a person who:
        Is a party to the suit or agreement or to a workers' compensation claim; or
        By a person who has assumed the liability for such periodic payments under a qualified assignment in accordance with Internal Revenue Code Section 130 (26 U.S.C. § 130).

It is important to note that the language immediately prior to Internal Revenue Code Section 5891(c)(1) states that the definition that appears there is "for the purposes of this section". Internal Revenue Code Section 5891 entitled "Structured Settlement Factoring Transactions" deals with the excise tax imposed on the "factoring discount" (see IRC 5891(c)(4)), when there is a purchase of structured settlement payment rights and the exceptions to the excise tax. A number of structured settlement industry commentators have been observed attempting to broaden the express language that appears in the Internal Revenue Code.
[edit]

dimanche 22 mai 2011

Phoenix Criminal Defense Lawyer

Experienced Arizona Criminal Attorneys and Former Prosecutors

It's crunch time. The decisions you make and the skill of your Phoenix criminal defense attorney can alter the outcome of your criminal charges — for the better or for the worse. Don't just roll over or take a bad plea. Don't assume your case is hopeless. Don't wait any longer to call Suzuki Law Offices, L.L.C.

Experienced trial lawyer Richard Suzuki and his associates give you a fighting chance when you are facing serious criminal charges. They aggressively attack the prosecution's case to get charges dropped or evidence suppressed, and they are courtroom veterans with a lengthy record of not-guilty verdicts and favorable plea bargains.

Experienced, Aggressive Representation

    Free Initial Consultation

Call 24/7: (602) 635-1369 • Hablamos Español

Extensive State and Federal Court Experience

Phoenix criminal defense attorney Richard Suzuki and his associates have extensive experience in both the Arizona state and federal criminal justice systems, from defending first-time offenders to people who have an extensive criminal history. Their insights as former Deputy Maricopa County Attorneys and Assistant U.S. Attorney (Mr. Suzuki) help them analyze the strength of the government’s case against you and determine a course of action.
Defending You Against Misdemeanor or Felony Charges

The Suzuki Law Offices, L.L.C., located in Phoenix, provides professional and experienced criminal defense representation to English- and Spanish-speaking clients. We focus our practice on helping people who have been accused of misdemeanor or felony criminal charges, such as:

    Drug crimes, including drug possession, trafficking, distribution, marijuana drug crimes and prescription drug crimes
    DUI defense, including aggravated and extreme DUI
    Violent crimes, including murder, aggravated assault, kidnapping and gun crimes
    Sex crimes, including sexual assault/rape, sexual conduct with a minor, child pornography and prostitution charges
    White collar crimes, including fraud, forgery and embezzlement
    Federal crimes, including federal drug crimes, gun crimes and immigration-related crimes
    Theft crimes, including burglary and armed robbery

Contact Our Law Offices for Experienced Defense, Committed to You

We treat all our clients with professionalism and respect. We provide personal attention, unwavering support and we do our best to protect and defend the rights of all our clients. Our experienced support staff, investigators and criminal defense attorneys are committed to providing every client the best criminal defense available.

Whatever the charges, you need a proven criminal law attorney who understands the criminal justice system and will take the time to help you understand what to do in your specific situation and case. Call the Suzuki Law Offices at (602) 635-1369 or contact us online for a free consultation with a Phoenix criminal defense attorney. To better serve our clientele, Richard Suzuki and Matthew Bartz are fluent in Spanish.

ABOUT LAWYER PHOENIX DUI

Benjamin Taylor is an excellent attorney that fights hard for his clients. Mr. Taylor graduated with a Bachelor of Science Degree in Finance from Arizona State University and was in the Honors College. Mr. Taylor earned his Juris Doctor from the top tier ranked University of Arizona James E. Rogers College of Law in Tucson, Arizona. During law school, he worked for the Pima County Attorney’s Office. While working in the prosecutor’s office, he gained valuable experience researching and writing.

After law school, Mr. Taylor practiced with the Maricopa County Public Defender’s Office. He has represented a diverse group of clients and has done various types of felony and misdemeanor jury trials. Mr. Taylor has the necessary skill to handle all types of misdemeanor and felony offenses, especially DUI and vehicular traffic offenses.


Mr. Taylor is a Statewide Officer for The State Bar of Arizona Criminal Justice Section Executive Council, and was selected for the State Bar Leadership Institute. Mr. Taylor is active in the community by volunteering with The Arizona State Bar Pipeline Program and The Arizona State Bar Law Camp. The Arizona State Bar Pipeline Program and The Arizona State Bar Law Camp inform elementary and high school students of their legal rights. He has volunteered several times speaking at law schools and mentoring students. Mr. Taylor is a dedicated and respected attorney in the community that will help resolve your case.

Phoenix DUI Lawyer



Arizona DUI attorney and Phoenix DUI lawyer Weintraub and Weintraub. Experienced Arizona DUI attorney or Phoenix DUI lawyer serving Chandler, Gilbert, Glendale, Mesa, Phoenix, Peoria, Scottsdale, Tempe, and all of Arizona. Arizona DUI Law is constantly evolving with stringent statutes and case law precedent, which pertain to the Arizona drunk driver. A knowledgeable Arizona DUI attorney can fight for your rights in a court of law to avoid or minimize the effect of a DUI in Arizona conviction, driver’s license suspension, ignition interlock requirements, jail time, court fines, alcohol screening and counseling, community service and probation.

Quality, Affordable & Aggressive Legal Representation!

An alleged DUI defendant requires an Arizona DUI attorney or a Phoenix DUI attorney who knows the varying and complex legal guidelines and procedures utilized by each of the separate Chandler, Gilbert, Glendale, Mesa, Phoenix, Peoria, Scottsdale, Tempe Prosecutor’s Offices.

Our office concentrates its practice solely in the representation of criminal defendants accused of alleged Arizona DUI and Phoenix DUI law violations. An experienced and aggressive Arizona DUI attorney will personally handle every aspect of your case. Don’t let an arrest for an Arizona DUI lead to a conviction. A thorough investigation and analysis by our Arizona DUI lawyer or our Phoenix DUI lawyer of your specific case facts and a strong DUI defense utilizing current Arizona DUI law will provide you with the best chance of a favorable outcome following a DUI in Arizona.

mardi 10 mai 2011

Contact a Phoenix DUI Lawyer

Arizona Criminal Attorney

Whatever crime you are accused of, Phoenix criminal attorneys Richard Suzuki and Dori Zavala of Suzuki Law Office, L.L.C. are prepared to mount a vigorous defense to get charges dismissed, suppressing damaging evidence, negotiate a favorable deal or represent you at trial.

Call (888) 674-2283 to contact a Phoenix criminal lawyer who previously served as both a Maricopa County prosecutor and an Assistant U.S. Attorney in federal criminal courts of Arizona. We serve the Phoenix area, surrounding counties and all of Arizona.
Office Location:

2929 E. Camelback Rd.
Ste. #110
Phoenix, AZ 85016

(602) 702-5361

We represent English-speaking and Spanish-speaking clients on all criminal charges, including post-conviction representation. Contact Mr. Suzuki immediately for a free consultation.

The Maasen Law Firm

The Maasen Law Firm – Criminal Defense Advocates Against DUI Charges In Arizona

The Maasen Law Firm, a certified Phoenix, Arizona DUI Attorney team, offers service of the highest quality, as well as their expertise and legal advice for clients charged with criminal offenses. They are dedicated to the defense of rights of people arrested for driving under the influence, whether they are felony DUI’s or misdemeanor DUI’s.

Headed by Scott A. Maasen, the Maasen Law Firm has been rated AV, considered the top rating of law firms and practitioners bestowed by Martindale-Hubell. Having successfully handled thousands of criminal cases from vehicular homicide to traffic violations, from murder and domestic violence to assault, from drug offenses to juvenile case, from violation of probation offenses to sex crimes, from child abuse to forfeitures, the Maasen Law Firm has considerable experience in criminal law defense.

Aggressively fighting for the rights of their clients, the firm’s criminal defense attorneys have previous experience as attorneys as well as decades of trial experience behind them. Specially educated in field sobriety and breath testing equipment, they can successfully refute evidence used by highway patrol. Equipped with the knowledge and skills to defend their clients, the Maasen Law Firm stands as one of the better known Phoenix, Arizona DUI attorney firms in the state.

The firm is cognizant of the trauma offenders and their families experiences after a DUI arrest. This trauma is not only physical, but emotional and financial as well. Having an aggressive DUI defender team behind their back can help them weather the trauma involved in a DUI arrest. The Maasen Law Firm handles each case from beginning to the end, and keeps each client informed of each development in the case and assists them at each step of the way.

The firm’s criminal defense lawyers are prepared to travel throughout the state of Arizona to handle their representation, present legal advice, and help clients facing all sorts of criminal service. Apart from Phoenix, the Maasen Law Firm also handles cases in all the various counties of Arizona.

With their 24-hour emergency hotline, the firm offers not only assistance and advice, but also reasonable attorney’s fees with various payment plans depending on their clients’ financial standing. Many of their cases come from referrals of other criminal defense lawyers, as well as past clients who have had first hand experience of the firm’s successful criminal advocacy and their aggressive passion for defending rights of clients accused of criminal offenses, such as DUI.

The Maasen Law Firm offers a free evaluation through their toll free number, and each attorney in the firm can boast of extensive experience in dealing with DUI and DWI, as well as charges for drunk driving accidents. Each of the firm’s lawyers are also extremely well versed in other aspects of defending clients against criminal charges.

The Maasen Law firm is headed by Scott Maason, a Political Science major from Arizona State University who received his Juris Doctor degree from the California Western School of Law. Mr. Maasen subsequently worked as a prosecutor specializing in DUI cases before launching his Phoenix, Arizona DUI attorney law firm in 2000.

Our Attorney Memberships

Each of our attorneys is a proud member of the Arizona Trial Lawyers Association. This organization was founded in 1963 and is dedicated to preserving and protecting the constitutional right of trial by jury. The Arizona Trial Lawyers Association is also dedicated to fighting large corporations and insurance companies who attempt to take away the rights of injured victims.

A few of our other attorneys' memberships include the American Association for Justice, The Million Dollar Advocates Forum, the American Bar Association, and the State Bar of Arizona. We are active in the State Bar of Arizona and are committed to maintaining the high standards set by the State Bar of Arizona to protect the public of Arizona, including the legal system that affords prompt and fair resolution

jeudi 31 mars 2011

Phoenix DUI Defense Lawyer / Attorney Melanie Beauchamp

DUI Video ArchiveAre you in need of an experienced Phoenix DUI attorney? Beauchamp Law Office, P.C. is dedicated to assisting clients in Phoenix, Tempe, Scottsdale, Gilbert, and surrounding Arizona cities that are facing a possible DUI (driving under the influence) conviction. Regardless of the type of DUI charges being faced, it is recommended that a Phoenix DUI defense attorney be hired to protect your rights. Beauchamp Law Office, P.C. is a team of highly experienced and educated criminal defense attorneys prepared to aggressively defend your rights and your future.

20 Years Experience Serving DUI Cases in Scottsdale, Tempe, Phoenix, etc...Not Your Typical Law Firm. Each Potential Client Speaks With Melanie Beauchamp
Free Initial Consultation Regarding Your Case - Contact Us

At Beauchamp Law Office, P.C., our goal is to provide clients with the most effective legal resources and guidance needed to obtain successful results for any Phoenix DUI charge. Beauchamp Law Office, P.C. understands how complex and confusing DUI cases can be, and we hope our site will be used as a resource to help educate and provide the most up to date Arizona DUI laws and penalties enforced for a Phoenix DUI offense.

In Arizona, a driving under the influence charge will be based on several different factors and may sometimes result in facing multiple offenses in addition to a regular DUI charge. The specific circumstances around your DUI defense case can drastically affect the overall outcome of your individual case.

If convicted of a DUI in Arizona, you will be faced with a mandatory jail sentence and fines unless your DUI defense attorney negotiates alternative sentencing. A first offense DUI or higher mandates a minimum one (1) year installation of an ignition interlock device into all driven vehicles. These penalties can often be avoided with an experienced DUI defense lawyer working to protect your rights!

Beauchamp Law Office, P.C. is able to serve clients throughout Arizona including:

    * Phoenix
    * Tempe
    * Mesa
    * Scottsdale
    * Chandler
    * Glendale
    * Surprise

   

    * Avondale
    * Tolleson
    * Casa Grande
    * Apache Junction
    * Fountain Hills
    * Paradise Valley
    * Carefree

   

    * Cave Creek
    * Anthem
    * Peoria
    * Sun City
    * Maricopa
    * Gilbert
    * and more...

Phoenix DUI Guide


Information about Phoenix DUI Cases

Phoenix is one of the nation's toughest jurisdictions to get a DUI in. Since the Phoenix Prosecutor's office rarely plea bargains to below a DUI, it takes a very creative and diligent defense to better your position.

SO YOU'VE BEEN ARRESTED FOR DUI IN PHOENIX: You probably already have your court date, unless you are being charged with a felony. Assuming you were arrested by the Phoenix Police Department, you likely gave a breath test in a DUI van or at the police station.

HOW SOLID IS THE PHOENIX POLICE DEPARTMENT'S BREATH TEST? In two words... "it's not." In five words... "it's a piece of junk!" The Intoxilyzer 5000 machines were pieces of junk, and now the Intoxilyzer 8000s are as well, especially the fleet used in Phoenix, are aging and inaccurate. It's not a question of was the result off, but a question of how far off.

In fact, the Phoenix Police Department's DUI program is in the process of switching to blood testing becuase of serious problems with the Intoxilyzer machines.
YOUR PHOENIX DUI ARRAIGNMENT:If you are in Phoenix Municipal Court, you will NOT need to personally attend your first court date IF you have hired a private DUI defense lawyer. If you don't have a lawyer, you will have to go. The court is located at:

300 W. Washington
Phoenix, AZ

HERE'S WHAT YOU NEED TO KNOW: As a Phoenix Arizona DUI attorney who practices regularly in Phoenix Municipal Court, I can tell you that they have a very strict plea policy. In essence, they will usually not agree to reduce a DUI to a non-DUI. In other words, if you have a DUI in Phoenix, don't expect to get handed a reckless driving.

What does it mean? Simply put, it means that you will need to have an DUI attorney for your Phoenix case, and that attorney will have to beat the case for you. It happens all of the time. In fact, in Phoenix, we have gotten many not guilty verdicts over the years.

Phoenix DUI Van program: Phoenix has a fleet of mobile drunk driving processing units, commonly referred to as DUI vans. In most cases, you will be taken to a van rather than a police station for a blood draw or breath test.

Phoenix DUI officers: DUI officers in Phoenix are commonly referred to as "DUI Motors." They typically ride motorcycles. The process is typically a two person job. The first officer pulls you over and does the field tests (if you don't know enough to refuse them). Then you meet the second officer, the "van operator," who takes your breath or blood.

How can I best increase my chances of winning a Phoenix Arizona DUI?

If you are reading this right after your arrest, attempt to get an independent test. Go to the hospital emergency room. If you get a blood test and it confirms that you are under the legal limit, the Phoenix Prosecutor's office may agree to dismiss the charge.

On the other hand, if you are rejected by the emergency room, then they can't accuse you of not trying to prove your innocence, and you will be able to testify to a jury that you attempted to get a test to show your innocence, but it was logistically impossible.

If you are reading this more than a couple of hours after your arrest, it is too late to get a blood sample.

The next thing you need to do is educate yourself on Arizona DUI law and process. Once you do this, you will be in the best position to choose a lawyer for your case. Then you need to hire the best Phoenix DUI defense lawyer you can find and afford.

We hope that you will give us a chance to serve you in your Phoenix DUI case, and look forward to discussing your options with you soon.

PHOENIX DUI DRUNK DRIVING


DUI / DWI Lawyers in Phoenix, Arizona

At the Law Offices of Michael Cordova, we are experienced attorneys who obtain outstanding results for our clients. Since 1994, we have helped our clients secure the outcomes they deserve. We provide the quality and professional legal service you expect from an experienced law firm. We have a commitment to personal and individual attention for each client that is delivered by an experienced team of attorneys and staff who are accessible and responsive to the needs and concerns of each client.

New DUI Laws with Harsher Penalties

In September 2007, new DUI laws went into effect and instituted new DUI penalties for driving under the influence (DUI). These new DUI laws set forth new DUI offenses and charges that are being vigorously enforced by local police and prosecutors. It is more serious and expensive than ever if you are convicted on DUI charges.  Therefore, it is important that you promptly consult with an experienced criminal defense attorney who can assist you with any DUI charges you are facing.

There is more mandatory jail time for convictions of Extreme DUI. In addition, it is mandatory that drivers convicted of DUI have an ignition interlock device installed on your vehicle.

Also, being charged with DUI can result in a suspension of your drivers license for a time period of 90 days, and in some cases, up to a full year. When you are pulled over, and arrested for DUI, the police officer will take your drivers license on the spot. If you refuse to take a blood alcohol test, your license is automatically suspended for a full year.

Someone charged with DUI is facing a complex legal matter that includes a host of penalties if convicted, including driver's license suspension, an ignition interlock device, jail time, fines, alcohol counseling, probation, community service, and a conviction that will become part of a permanent criminal record.

Affordable and Aggressive Quality Legal Defense

A person charged with DUI in Arizona should consult with an experienced DUI attorney who is familiar with the different procedures used in the courts in Phoenix, Scottsdale, Tempe, Glendale, Mesa, Peoria, Avondale, Goodyear, Surprise, Buckeye, and the other surrounding cities. We offer quality and aggressive defense with affordable attorneys fees.

Our office has experience in defending DUI cases in the various city courts in the Phoenix metropolitan area.  We will do a thorough investigation and analysis of your case and fight for your rights to avoid a conviction for DUI.  We will put together the strongest possible DUI defense to enable you to have the greatest likelihood of a favorable outcome following a DUI charge.



GUARANTEED Low Fees, Call us now!

If you have been charged with DUI/DWI in Phoenix or any of the surrounding cities, please contact our office for a free in person consultation to discuss your legal rights and explanation of how we can help you.

Our lawyers practice in all areas of DUI and DWI Defense law and criminal law throughout the Phoenix metropolitan area in all Arizona including Ahwatukee, Apache Junction, Avondale, Buckeye, Chandler, El Mirage, Florence, Fountain Hills, Gilbert, Glendale, Goodyear, Litchfield Park, Mesa, Paradise Valley, Peoria, Scottsdale, Sun City, Surprise, Tempe, and Wickenburg.

Phoenix DUI/DWI LawyersWeintraub & Weintraub

Know and Exercise Your Rights!
CapitalArizona DUI attorney and Phoenix DUI lawyer Weintraub and Weintraub. Experienced Arizona DUI attorney or Phoenix DUI lawyer serving Chandler, Gilbert, Glendale, Mesa, Phoenix, Peoria, Scottsdale, Tempe, and all of Arizona. Arizona DUI Law is constantly evolving with stringent statutes and case law precedent, which pertain to the Arizona drunk driver. A knowledgeable Arizona DUI attorney can fight for your rights in a court of law to avoid or minimize the effect of a DUI in Arizona conviction, driver's license suspension, ignition interlock requirements, jail time, court fines, alcohol screening and counseling, community service and probation.
Quality, Affordable & Aggressive Legal Representation!
An alleged DUI defendant requires an Arizona DUI attorney or a Phoenix DUI attorney who knows the varying and complex legal guidelines and procedures utilized by each of the separate Chandler, Gilbert, Glendale, Mesa, Phoenix, Peoria, Scottsdale, Tempe Prosecutor's Offices.

Our office concentrates its practice solely in the representation of criminal defendants accused of alleged Arizona DUI and Phoenix DUI law violations. An experienced and aggressive Arizona DUI attorney will personally handle every aspect of your case. Don't let an arrest for an Arizona DUI lead to a conviction. A thorough investigation and analysis by our Arizona DUI lawyer or our Phoenix DUI lawyer of your specific case facts and a strong DUI defense utilizing current Arizona DUI law will provide you with the best chance of a favorable outcome following a DUI in Arizona.