DUI ENFORCEMENT TO INCREASE DURING THE HOLIDAYS

DUI ENFORCEMENT TO INCREASE DURING THE HOLIDAYS
The Thanksgiving holiday brought out scores of early holiday shoppers and party revelers for the Arizona-Arizona State football game. With many people on the roads, law enforcement agencies across the state stepped up their drunk driving enforcement activities. With Thanksgiving week being one of the deadliest during the year, it is an annual ritual to increase patrols and DUI checkpoints.
KVOA news in Tucson reported that the Southern Arizona DUI Task Force stopped 257 cars last Friday, with 34 drivers being arrested on suspicion of DUI.
From now through the New Years' holiday, it is expected that law enforcement will have an increased presence on Arizona roads. Motorists should also be aware of "no refusal" strategies; programs geared towards preventing drunk drivers from taking authorities' ability to get important evidence to support a DUI charge.
Why are these strategies used? Under Arizona law, a driver arrested for DUI can choose a blood test instead of a breath or urine test to measure their blood alcohol content (BAC). While blood tests are more accurate than breath tests, it takes a while for the test to be performed. By this time, the driver's BAC can be lower than when they were first arrested (or even under the legal limit); allowing the driver to avoid criminal charges.
Under "no refusal," judges are readily available to issue search warrants so that on-site nurses can take blood samples. A driver cannot refuse a search warrant.
While these strategies are touted for saving lives, they raise important questions about whether such searches are constitutional based on how much information is collected before a warrant is issued.

DUI and Criminal Defense Lawyer

DUI and Criminal Defense Lawyer

Serving Scottsdale, Phoenix, and Tempe, Arizona

As a criminal defense attorney, my job is to vigorously protect the rights of my clients and to give each of them the best legal advice I can. It is a job I have been doing for over 40 years. Over the course of my career, I have personally handled approximately 250 trials as well as virtually every type of criminal law case. In simplest terms, there is no other kind of work I would rather do.

Today, the majority of my criminal law practice is focused on abuse and domestic violence charges, drunk driving cases, and assaults - all topics you can read more about by using the links below:

Domestic violence - Disorderly conduct
DUI charges
Assault and battery
You have a constitutional right to a trial.

Most lawyers will charge $1,000 or more, PER DAY, for a trial. My feeling is that no one should be forced to plead guilty just because he or she cannot afford what the attorney charges for trial work. Because I believe that, I almost never charge extra fees for a trial.

If you are calling a lawyer for a quote, ALWAYS ask him or her after he or she quotes you a retainer fee: "If my case goes to trial, are there additional fees and HOW MUCH?"

Practicing With Integrity for Over 40 Years
Contact Me Online or Call 602.274.2827 for a Free Consultation

ARIZONA PENALTIES FOR DRUNK DRIVING INFRACTIONS

ARIZONA PENALTIES FOR DRUNK DRIVING INFRACTIONS

It is no secret that Arizona has become tougher on drunk driving in recent years. Drunk driving accidents are tragic reminders that a small number of motorists can be deadly hazards on the road.
Because of this, drunk drivers can be charged with a number of DUI violations that match their reported blood alcohol levels as well as property damage (and injuries) that may stem from the offense.
Drivers who are found to have blood alcohol levels above .08 (and below .15) can be charged with driving under the influence. DUI is a class 1 misdemeanor that is punishable with one day in jail and up to $750 in fines. Offenders also face a 90 day administrative license suspension.
For drivers caught with a blood alcohol level greater than .15 (and below.20), they face charges of extreme DUI. They face up to 30 days in jail and a host of fines, including a $1000 assessment to the state prison fund, a $1000 assessment to the state public safety fund as well as $250 for a DUI assessment. In addition to the 90 day administrative license suspension, offenders must install an ignition interlock system on their vehicle and maintain it for one year.
Drivers caught with a blood alcohol level greater than .20 can be charged with super extreme DUI. This charge is punishable by a mandatory minimum of 45 days in jail and up to $3000 in administrative fines and penalties. Offenders will also be required to maintain an ignition interlock system for at least 18 months.
If you have questions about the criminal consequences you face if charged with a DUI, contact an experienced criminal defense attorney.

DUI NEWS FLASH AT PHOENIX INTERNATIONAL AIRPORT

DUI NEWS FLASH AT PHOENIX INTERNATIONAL AIRPORT
By Thompson Law Firm posted in News on Friday, November 16, 2012     In one of the most bizarre stories about DUI, on November 15, 2012, a woman was arrested on suspicion of aggravated DUI after she drove her vehicle through a fence and onto the runway at Phoenix International Airport.  The irony for us comes in the fact that this all occurred while we was posting our last blog about DUI and the topic was Aggravated DUI. If this 21-year-old woman is found guilty, she is facing some pretty severe penalties.  Especially considering the fact that her 2month old infant was in the car and she is alleged to have crashed her vehicle onto the runway causing a security breach at PHX.
      We can only hope she was able to exercise her right to a lawyer and called someone experienced in representing those accused of Aggravated DUI.  We can also hope that no matter what else may happen to this young lady in the course of her impending legal trouble, that she also finds the help she so obviously needs. This is not a mere bump in the road, and this young woman surely has no idea how difficult and complicated her legal ordeal could become.

Use a DUI Attorney in Phoenix to Help Your Criminal Case

Use a DUI Attorney in Phoenix to Help Your Criminal Case
If you are on the wrong end of a criminal DUI case in Phoenix, there are some must read tips that case save your freedom.

Driving under the impact (DUI) is a major offence in Phoenix, Arizona. Not only do such individuals endanger their owe lives yet those of additional road users. It is in this respect that the State has put rigid measures to curb on this act. A DUI attorney in phoenix will help you with your case to guarantee that at least you acquire a great yet still keep your steering privileges. Of significance to take note is that these situations are typically complicated as there are certain guidelines that the district attorney will set up out to those caught committing the criminal activity.

Due to the difficult quality of the DUI cases, a lawyer in phoenix is a beneficial possession that you should have. He or she is educated and experienced with the legal guidelines referring to DUI instances within Phoenix. The lawyer will certainly help you acquire a far better deal on your fees. significantly, most courts are eager to take a plea promotion as opposed to taking these cases to testing given that this might congest the judicial system. Recognizing how to locate a DUI attorney in phoenix is the initial step towards escaping a couple of the harshest rules and penalties the metro of Phoenix in Arizona State is known to render to such DUI convicts.

Some of the standard sources that you may start with to locating DUI attorney in phoenix are enumerated below.

Look the internet-The internet is an astonishing source to find an attorney as many of these attorney have their web sites herein. By doing a fundamental keyword search, you will effortlessly obtain details that you call for from lawyers. The net likewise allows you to check out testimonials, contrast the services they give and view their listings. This is particularly necessary for first time culprits or convicts.

Referral – referrals are a fantastic method through which you can easily spot a steering under the influence attorney. These referrals may be obtained from pals, relative, neighbors or associates in the work area. Referral are specifically essential since they trigger those lawyer that have a proven track record. Pinpointing an attorney from individuals close to you makes sure that you never ever fail.

Directory site listings – There are online directories which have listings for DUI attorney in phoenix. Best instance of such listings is the yellow web pages. They offer both the area and address of such lawyers making it possible to not only contact yet additionally visit them. After spotting such lawyers, you will definitely them should assess their capacity to handle your situation.



Contact the Maricopa County Bar Association-When sentenced for DUI fees in Arizona, this organization of attorneys will allow you to obtain a lawyer within the Phoenix. You can easily contact them from the internet or with the phone and discuss your necessities. Look out for lawyers that are accredited to exercise in Phoenix – DUI criminal fees are accomplished in the city where you were charged. As a result, ensure that you spot a DUI attorney in phoenix that is certified to serve within this jurisdiction.

Equipped with skill-sets on how to locate your dui attorney in phoenix, give unique factor to consider to factors such as experience, specialty, licensing, years in service and credibility when selecting among attorneys located.

Gas Thief Catches His Truck, Himself on Fire; Crashes Into House

Gas Thief Catches His Truck, Himself on Fire; Crashes Into House
Herbert C. Ridge reportedly fashioned a homemade electric gas siphon to steal fuel from other people's vehicles, AZfamily.com reports. Unfortunately for Ridge, the gadget malfunctioned, setting fire to himself, his truck, and a nearby home.

Ridge suffered severe burns and is now facing some serious charges, including DUI and felony criminal damage.

Ridge was using the siphon to steal fuel from a truck parked in the driveway of a Mesa home when a spark from the device likely caught Ridge's clothes on fire. Chaplin-esque hilarity ensued.

Ridge ran into the street, dropped to the ground, and rolled around to try to put out the flames. When he thought he was in the clear, Ridge got back into his truck and fled the scene.

However, he was mistaken about the flames being extinguished, and the fire soon spread to the inside of his truck. Ridge opened the door and bailed out, but the truck kept rolling down the road. It eventually crashed into a home a few doors down from the site of the theft.

"I heard a loud boom, an explosion, and just came running looking for hoses to put out the fire," neighbor Tim Worth told 3TV.

The best part: It was all caught on tape. A neighbor's newly installed surveillance cameras recorded the bizarre incident.

Fortunately no one besides Ridge was hurt in the incident. He was taken to the Maricopa County Burn Unit for treatment.

Ridge has been charged with DUI, theft, felony criminal damage, and possession of dangerous drugs. If it's his first DUI offense, Ridge is facing a minimum of 10 days in jail, a fine of $1,250, a 90-day license suspension, and the installation of an ignition interlock system on his car if convicted.

All that for a tank of gas. Even $4 a gallon is small change compared to the DUI fines, restitution, and medical costs Ridge is now facing.

Affordable Personal Injury Attorneys in Phoenix

Affordable Personal Injury Attorneys in Phoenix

The fear of costly attorney fees should not keep you from seeking representation from a qualified personal injury attorney during your time of need. Call today to schedule your free consultation, or fill out the online case evaluation form. A Lerner and Rowe Personal Injury attorney from our law firm will contact you within 24 hours after you submit your case details.

In cases of personal injury, our attorney fees are contingent upon the outcome of your case. You don’t pay unless you receive a recovery for your personal injury claim. In other cases, your attorney will work with you to arrange a payment plan. Your personal injury attorney or criminal defense attorney will discuss any possible fees with you prior to any services provided.

Personal Injury Attorney in Phoenix

Personal Injury Attorney in Phoenix

Accidents that cause personal injuries do not just happen Monday – Friday, between the hours of 9:00 a.m. – 5:00 p.m. When you or a loved one has been seriously injured, you need an aggressive Phoenix personal injury attorney in your corner 24 hours a day, 7 days a week who can help with police questions, insurance company requests, medical debt collectors and help take the frustration and stress away from you so you can concentrate on recovering from your injury. You need a personal injury attorney with no up-front fees and no out-of-pocket costs.  You need Lerner and Rowe Personal Injury Attorneys.

If you have been injured and are in need of an experienced personal injury attorney, contact Lerner and Rowe Personal Injury Attorneys. Our personal injury attorneys will fight hard to get you all the compensation you deserve! Lerner and Rowe Personal Injury Attorneys have been helping thousands of personal injury victims throughout the metropolitan Phoenix area including Mesa, Arrowhead / Glendale, Scottsdale, Chandler, Gilbert, Peoria, Paradise Valley, Fountain Hills, Tempe, Goodyear, Buckeye and numerous outlying areas such as Queen Creek, Flagstaff, Prescott, Sedona, Pinetop, Tucson, Kingman and Bullhead City since 2005. We have grown to be one of the largest accident and personal injury attorney law firms in the state of Arizona, with over $30 million in personal injury claims settled last year alone.

Even though our primary Arizona offices are located near Phoenix and Bullhead City, we have a network of law partners that may handle cases also in Nevada, Illinois, Minnesota, Florida and Louisiana. Our network of lawyers are not limited to just handling personal injury cases. We are also able to assist with bankruptcy, dangerous drugs / products and criminal defense cases. Contact us today for a free case evaluation at (602) 977-1900.

DUI Attorney sac bandoulière cuir Phoenix dans: Stratégies pour contester les résultats de tests dalcoolémie

Demandez à nimporte quel avocat DUI à Phoenix. Trop souvent, les méthodes au cours de laquelle ils fondent les tests dalcoolémie ne sont tout simplement pas scientifique. Considérant que lalcootest est la chose la plus importante pour déterminer la culpabilité ou linnocence dans une affaire DUI, il est essentiel que linformation quils sacs texier soldes révèlent être de 100% de réponses correctes et fiables dans les yeux dun jury. Non seulement il faut la science comme fiables, mais il devrait en être les normes de ceux qui leffectuer. Bon sac pepe jeans nombre de ces techniciens de laboratoire ont une « déclaration de culpabilité à tout prix» la mentalité, souvent la falsification des résultats dans un effort pour influencer le jury en garde contre le client dun avocat DUI à Phoenix.
Les dangers de la preuve dalcool danalyse imprécises présenté comme scientifiquement exacte est le plus souvent prises par un jury dêtre irréfutable. Dans de nombreux cas, les preuves scientifiques lemporte sur la crédibilité des sac italien témoins, des déclarations de la police, et dautres formes de preuves. Une fois un jury accepte quelque chose comme un fait, il est difficile pour la défense de les convaincre autrement. Lorsque le test scientifique perd sa précision, elle perd sa validation salle daudience. Tests dalcoolémie doivent être fiables à 100% en raison de limportance dun jury mettra sur sacs kesslord la décision du litige. Le sort même de suspect peut se réduire à lexactitude des tests de laboratoire.
Simulator et Breath Solutions dessai des machines dessai Breath utiliser la spectroscopie infrarouge-faisceau infrarouge dintensité connue qui passe à travers un échantillon dhaleine de lindividu. Toute lalcool possible est alors absorbée à des longueurs donde spécifiques. Un détecteur analyse le faisceau après léchantillon dhaleine et compare son intensité finale avec le niveau, il a commencé avec. Si fait correctement, sac catherine parra la diminution de lintensité à des longueurs donde « éthanol », il est possible de quantifier alcoolémie, si les résultats ont encore un faible degré dincertitude qui pourraient être soutenu par un avocat DUI à Phoenix.
Le résultat de toute mesure nest quune approximation de la quantité effectivement mesurée. Lorsque la valeur réelle est nécessaire, sac just cavalli le biais devient problématique et peut donner une procuration DUI dans quelque chose de Phoenix à travailler avec la planification dune défense. Un résultat nest terminée que lorsque le biais dun instrument a été déterminée et les résultats ainsi corrigés pour que les préjugés. Si la poursuite ne sacs voyage parvient pas à corriger le biais, un moyen de défense le peuvent plus facilement contester la preuve que fiable à 100%.
Les experts légistes doivent connaître les informations pertinentes car elles touchent les calculs avant le procès et doit révéler sac francinel à la fois la poursuite et lavocat DUI à Phoenix avant le procès.
Un matériau de référence qui contient une substance dont les propriétés sont suffisamment bien connus est calibré à travers la machine et tester la précision. Ces normes connues traçables sont appelés solutions stimulateur. Simulateurs fournir des garanties cruciales pour des résultats précis des tests dhaleine. Remettre en sac armani question lexactitude dun simulateur peut être une autre stratégie un avocat DUI à Phoenix pourrait utiliser pour insérer doute contre les arguments de laccusation.
Un avocat DUI à Phoenix fait son client un grand service en examinant sérieusement la façon dont les échantillons ont été recueillis et la façon dont le test a été effectué. Si les contaminants, les tailles déchantillon incorrectes, inexactes ou des biais ne sont pas pris en compte, laccusation a de sérieuses lacunes quil sa preuve qui peut être exploitée. En insérant le doute dans les éléments de preuve de base, votre client peut probablement éviter une condamnation de culpabilité.

Drunk Driver Rear-Ends Phoenix Police Car

On Monday morning, a 20-year-old man rear-ended a police car in Phoenix, The Arizona Republic reports. Police believe the driver was under the influence at the time of the accident.

The officer’s squad car was stopped on Camelback Road in the left-turn lane early Monday morning, when the driver struck the car from behind, according to authorities. The officer was taken to a local hospital as a precaution, police said.

The driver was arrested on suspicion of DUI. He may also face reckless driving and criminal damage charges for hitting the squad car.

Under Arizona’s DUI law, any person who drives with a BAC of .08 percent or higher can be charged with driving under the influence. If found guilty, the driver could face a minimum fine of $1,250, at least 10 days in jail, a minimum 90-day license suspension, and an ignition interlock system in your car for at least a year.

While the odds of running into a police car while driving drunk seem pretty low, it happens more often than you’d expect. Last month, 70-year-old Gary Edelbrock sideswiped a police car while driving drunk. Edelbrock was apparently unfazed by the collision because he just kept going. When police caught up, they arrested the senior citizen on DUI, endangerment, and criminal damage charges.

Last week, a 21-year-old drugged driver slammed into several police cars, leading them on a dangerous chase through Phoenix. The chase ended with the driver’s Ford Mustang flipping. He’s currently in critical condition

Phoenix Criminal Defense Attorney Reveals New Push on Drug DUI Charges

As the number of DUI and DWI charges laid in Arizona has fallen, so has the revenue which these charges were previously responsible for generating. Unable to simple sacrifice such a large source of funds, the state of Arizona has come up with a new way in which to recoup their losses; a new blitz on drug DUI charges.

Mark Nermyr, noticing more and more clients seeking a Phoenix criminal lawyer with experience in these matters, realized a trend of increasing amounts of drug DUI charges being laid against Arizona residents. “Not only can a person be charged for DUI because they have been drinking and driving but a person can be charged with DUI if they are driving with an illegal drug in their system,” Mr Nermyr, of criminal defense firm Shell & Nermyr, confirmed. While most people understand the implications of driving under the influence of alcohol, intoxication due to drug use can often be significantly more complicated, prompting the prominent Phoenix-based lawyer to speak out.

Due to the unique physiological implications of drug use, many people can actually be intoxicated by the letter of the law long after the noticeable effects of their drug use have worn off. In fact, it’s possible to test positive for certain substances many weeks after the fact. Arizona criminal attorney Mark Nermyr cites an example; “If a person were to smoke marijuana on July 4th they can be charged with DUI when they are driving to work on July 30th. Because the marijuana metabolite remains in their system for up to 28 days the person is driving with an illegal drug or its metabolite in their system.”

Further, it’s quickly come to light that prescription medication is just as risky, particularly in a state looking to recapture revenue lost from decreasing alcohol-related DUI charges. While not illegal, prescription medical can still result in a charge of DUI if the state proves that the medication affected the driver’s ability to operate the vehicle, a situation that is becoming more and more common according to the team at Shell & Nermyr.

So for those who wish to avoid legal hurdles in their use of the roads, things have just got a whole lot more complicated in the state of Arizona. For those who have fallen victim to this new blitz and wish to access the best criminal defense lawyer Phoenix has to offer, it’s impossible to go past the experience and dedication of Shell & Nermyr, having worked faithfully on behalf of their clients to achieve great results and avoid unjust prosecution.

About Shell & Nermyr
Shell & Nermyr are one of Arizona’s most experienced and successful criminal defence firms, ensuring first class representation to clients facing all charges. Understanding that the judicial process can be a difficult one for clients accused of a crime, Shell & Nermyr fight tooth and nail to protect their clients’ integrity and ensure a successful outcome. For more information, visit http://arizonastriallawyers.com/

Drug DUI charges and Medication DUI charges officially surpassed the number of Alcohol DUI charges in 2011.

"Under Arizona Drug DUI Laws, a person may be charged with DUI even if they did not consume any alcohol or illegal drugs. Find out how experienced DUI lawyers challenge Drug DUI charges that may lead to dismissal."

Arizona Drug DUI - Medication DUI Charges
In Arizona, you may be charged with Drug DUI under A.R.S. § 28-1381. If convicted, they will be exposed to the same penalties as those that apply to alcohol DUI charges. The simple presence of a drug in your system is enough for the Phoenix Police to charge you. They must have probable cause to believe you were driving "impaired to the slightest degree. Offenses for Drug DUI are charged as Class 1 Misdemeanors, which carry harsh penalties including 10 days in jail; suspension of driver's license for 90 days; probation; drug and alcohol counseling and education program participation; and fines, fees, costs and assessments that exceed $1,200.00.

Drug DUI Defenses Arizona
Defenses strategies used to challenge DUI charges should be uniquely tailored to the specific facts surrounding your charges. Some arguments may surround the following issues:

 No "Reasonable Suspicion" for Drug DUI Stop: The United States Supreme Court held that the standard for stopping a person to investigate for DUI requires "reasonable suspicion" that an offense occurred or is in progress (excluding DUI Task Force Stops).

 No "Probable Cause" for Arrest: To make an arrest, the standard is elevated from "Reasonable Suspicion" to "Probable Cause" that you were driving impaired due to alcohol or drugs. This means substantive evidence is needed.

 Violations in DUI blood, urine or chemical testing: Includes administration;, collection; transport; labeling; supplies; equipment; blood or urine sample storage; preservation; chemicals used with processing; and reporting;

 The drug found in the driver's system did not cause the driver to be impaired to the slightest degree; and were legal, and harmless;

 Independent lab results requested by the defense contradicted crime lab results from the police/prosecution. This may include differences in amounts, or actual drugs found;

 Defense expert testimony raised "Reasonable Doubt" that the drug or medication found in the driver's system caused impairment to the slightest degree;
 The driver was denied a second sample of the DUI chemical or blood test, for the purpose of obtaining exculpatory (evidence in their favor) evidence by defense for retest;

 Constitutional Rights

Criminal Defense Lawyer for Drug DUI Charges in Phoenix AZ
Challenging DUI with Drugs or Medication DUI charges requires special skill, training and experience by a good criminal defense lawyer. It is necessary for them to be well versed on not only the law but S criminal defense; forensics; psychology and pharmaceuticals. They will know which areas of the prosecution's case to target in your defense, based on your unique set of facts, and the laws in place. They will tailor a defense to you circumstances and present compelling arguments on your behalf. They will defend your rights; and attempt to get the best possible outcome in your case. Your chances of getting a good resolution to your case will significantly increase when you retain a private practice criminal lawyer, to defend your case. They may be able to help get your charges dismissed; or help you to avoid harsh penalties such as incarcerationDrug DUI charges and Medication DUI charges officially surpassed the number of Alcohol DUI charges in 2011.
March 2, 2012

Posted In: Tempe AZ DUI
By James E. Novak, P.L.L.C. on March 2, 2012 7:00 AM | Permalink

"Under Arizona Drug DUI Laws, a person may be charged with DUI even if they did not consume any alcohol or illegal drugs. Find out how experienced DUI lawyers challenge Drug DUI charges that may lead to dismissal."

Arizona Drug DUI - Medication DUI Charges
In Arizona, you may be charged with Drug DUI under A.R.S. § 28-1381. If convicted, they will be exposed to the same penalties as those that apply to alcohol DUI charges. The simple presence of a drug in your system is enough for the Phoenix Police to charge you. They must have probable cause to believe you were driving "impaired to the slightest degree. Offenses for Drug DUI are charged as Class 1 Misdemeanors, which carry harsh penalties including 10 days in jail; suspension of driver's license for 90 days; probation; drug and alcohol counseling and education program participation; and fines, fees, costs and assessments that exceed $1,200.00.

Drug DUI Defenses Arizona
Defenses strategies used to challenge DUI charges should be uniquely tailored to the specific facts surrounding your charges. Some arguments may surround the following issues:

 No "Reasonable Suspicion" for Drug DUI Stop: The United States Supreme Court held that the standard for stopping a person to investigate for DUI requires "reasonable suspicion" that an offense occurred or is in progress (excluding DUI Task Force Stops).

 No "Probable Cause" for Arrest: To make an arrest, the standard is elevated from "Reasonable Suspicion" to "Probable Cause" that you were driving impaired due to alcohol or drugs. This means substantive evidence is needed.

 Violations in DUI blood, urine or chemical testing: Includes administration;, collection; transport; labeling; supplies; equipment; blood or urine sample storage; preservation; chemicals used with processing; and reporting;

 The drug found in the driver's system did not cause the driver to be impaired to the slightest degree; and were legal, and harmless;

 Independent lab results requested by the defense contradicted crime lab results from the police/prosecution. This may include differences in amounts, or actual drugs found;

 Defense expert testimony raised "Reasonable Doubt" that the drug or medication found in the driver's system caused impairment to the slightest degree;
 The driver was denied a second sample of the DUI chemical or blood test, for the purpose of obtaining exculpatory (evidence in their favor) evidence by defense for retest;

 Constitutional Rights

Criminal Defense Lawyer for Drug DUI Charges in Phoenix AZ
Challenging DUI with Drugs or Medication DUI charges requires special skill, training and experience by a good criminal defense lawyer. It is necessary for them to be well versed on not only the law but S criminal defense; forensics; psychology and pharmaceuticals. They will know which areas of the prosecution's case to target in your defense, based on your unique set of facts, and the laws in place. They will tailor a defense to you circumstances and present compelling arguments on your behalf. They will defend your rights; and attempt to get the best possible outcome in your case. Your chances of getting a good resolution to your case will significantly increase when you retain a private practice criminal lawyer, to defend your case. They may be able to help get your charges dismissed; or help you to avoid harsh penalties such as incarcerationDrug DUI charges and Medication DUI charges officially surpassed the number of Alcohol DUI charges in 2011.
March 2, 2012

Posted In: Tempe AZ DUI
By James E. Novak, P.L.L.C. on March 2, 2012 7:00 AM | Permalink

"Under Arizona Drug DUI Laws, a person may be charged with DUI even if they did not consume any alcohol or illegal drugs. Find out how experienced DUI lawyers challenge Drug DUI charges that may lead to dismissal."

Arizona Drug DUI - Medication DUI Charges
In Arizona, you may be charged with Drug DUI under A.R.S. § 28-1381. If convicted, they will be exposed to the same penalties as those that apply to alcohol DUI charges. The simple presence of a drug in your system is enough for the Phoenix Police to charge you. They must have probable cause to believe you were driving "impaired to the slightest degree. Offenses for Drug DUI are charged as Class 1 Misdemeanors, which carry harsh penalties including 10 days in jail; suspension of driver's license for 90 days; probation; drug and alcohol counseling and education program participation; and fines, fees, costs and assessments that exceed $1,200.00.

Drug DUI Defenses Arizona
Defenses strategies used to challenge DUI charges should be uniquely tailored to the specific facts surrounding your charges. Some arguments may surround the following issues:

 No "Reasonable Suspicion" for Drug DUI Stop: The United States Supreme Court held that the standard for stopping a person to investigate for DUI requires "reasonable suspicion" that an offense occurred or is in progress (excluding DUI Task Force Stops).

 No "Probable Cause" for Arrest: To make an arrest, the standard is elevated from "Reasonable Suspicion" to "Probable Cause" that you were driving impaired due to alcohol or drugs. This means substantive evidence is needed.

 Violations in DUI blood, urine or chemical testing: Includes administration;, collection; transport; labeling; supplies; equipment; blood or urine sample storage; preservation; chemicals used with processing; and reporting;

 The drug found in the driver's system did not cause the driver to be impaired to the slightest degree; and were legal, and harmless;

 Independent lab results requested by the defense contradicted crime lab results from the police/prosecution. This may include differences in amounts, or actual drugs found;

 Defense expert testimony raised "Reasonable Doubt" that the drug or medication found in the driver's system caused impairment to the slightest degree;
 The driver was denied a second sample of the DUI chemical or blood test, for the purpose of obtaining exculpatory (evidence in their favor) evidence by defense for retest;

 Constitutional Rights

Criminal Defense Lawyer for Drug DUI Charges in Phoenix AZ
Challenging DUI with Drugs or Medication DUI charges requires special skill, training and experience by a good criminal defense lawyer. It is necessary for them to be well versed on not only the law but S criminal defense; forensics; psychology and pharmaceuticals. They will know which areas of the prosecution's case to target in your defense, based on your unique set of facts, and the laws in place. They will tailor a defense to you circumstances and present compelling arguments on your behalf. They will defend your rights; and attempt to get the best possible outcome in your case. Your chances of getting a good resolution to your case will significantly increase when you retain a private practice criminal lawyer, to defend your case. They may be able to help get your charges dismissed; or help you to avoid harsh penalties such as incarceration

Grand Juries and Indictments Discussed by a Phoenix Criminal Lawyer

Phoenix, Arizona Criminal Defense Attorney David A. Black discusses in very broad terms what a grand jury does and what it means to be indicted. Generally, an indictment is just a formal word for the start of a felony criminal case. For more information on grad juries and indictments, please speak with your own personal lawyer or please visit:

How To Search The Best Phoenix dui Lawyer

It is very expensive and essential to appoint a perfect and competent phoenix dui lawyer. It is also important to make sure that if you are able to appoint such lawyer, then he or she should be able to assist you in every case. Hiring a wrong phoenix dui lawyer will not only cause you loss in your investment, but it may also result in the loss of some important cases. There are high chances that if right arizona dui lawyer is not appointed then your life may become miserable.

It has become very common for the populace to drive after consuming alcohol and authorities have become very strict for this kind of offence. If any of you are leveled with this charge then you should not delay in getting help of dui lawyer as per your jurisdiction, so that they will be able to guard you from the charges. There are many instances where the charges have been reduced to very extent because the phoenix dui lawyer handled the case properly. If you have not appointed a good Arizona dui lawyer, then you will have to attend the court proceedings daily and it will become routine of your life, leaving all your other jobs. Your life will become miserable and more trouble will be waiting.

Various Methods To Get Best Lawyer :

There are few things, that you should consider which would help you in appointing the best dui lawyer.
• There are numerous online directories from where you can details of the most successful lawyers and you can contact them to get their assistance.
• You make sure to track the background of every dui lawyers, like the number of dui cases they have handled and the winning percentage in those cases. This will help you in getting the best lawyer experienced in dui cases.