The National Highway and Traffic Safety Administration (NHTSA) and the National Center for Disease Control (CDC) have released reports about hazards of “drowsy driving”. Both of these are high risk behaviors that can result in serious injury or death involving auto accidents.

While drowsy driving is not a crime itself, it could lead to the commission of serious vehicular crimes such as DUI charges, reckless endangerment, aggravated assault, or vehicular homicide.

Warning signs of both driving drowsy and DUI are often similar in nature. Drowsy driving can lead to DUI charges, even if a person was not in fact, impaired to the slightest degree due to intoxicating alcohol or drugs.

How to avoid Drowsy Driving

• Recognition of warning signs and prevention;
• Get adequate sleep. Drivers should ensure that they get enough sleep (7-9 hours)
• Be aware of increased risks such as commercial driving, long shifts or nightshift work;
• Seek medical attention for untreated sleep disorders;
• Do not drive while under the influence of sedating medications;
• Do not drink spirituous liquor prior to or while driving;
• Take precautions and prepare for days or nights of long distance driving such as getting extra rest and sleep before driving;
• If you are a high risk driver due to your work hours, arrange for alternative rides home with a friend or family member, bus, taxi, or other trusted and responsible person.
• If you are in a high risk group for driving get enough rest and sleep before and after your shift.
• If you are driving and unexpectedly find you are driving drowsy, pull over in a safe place will lit location; preferably a rest stop or motel if possible, to sleep until you are feeling alert enough to drive again.

Warning Signs of Driving Drowsy

• Frequent yawning;
• Frequent blinking;
• Difficulty remembering the past few miles you drove;
• Missing planned exits;
• Drifting from one’s lane;
• Hitting rumble (wake-up) strips;
• Staring or tunnel vision;
• Inability to remember recently past road signs;
• Drifting or weaving across lanes without realizing it.

DUI v. Drowsy Driving

The National Highway and Traffic Safety Administration (NHTSA) researchers identified at least 100 driving cues that have been found to be associated with a Drunk Driving, or impaired. The signs or driving behaviors identified were presented and separated into four main categories:

• Weaving or drifting, and problems maintaining proper lane position;
• Speeding or difficulty braking when needed;
• Vigilance problems such inattentiveness;
• Difficulties with Judgment and decision making skills

Many of these signs are displayed by motorists who are driving while drowsy or tired. As result, a police officer could mistakenly suspect that a driver is under the influence of intoxicating alcohol or drugs. If the officer has probable cause to conduct a DUI blood test and trace compounds of a drug defined under Arizona law, in the person’s system, they are at risk of a DUI. Further if a person had only one drink of intoxicating liquor, which did not result in driving impaired to the slightest degree, they could be mistakenly determined to be driving impaired. A non-underage 21 person will be forced to defend their charges in court, even though they were driving drowsy and not impaired due to blood or alcohol.

DUI Defense Attorney for Charges in Gilbert AZ If you have been arrested for DUI, or any vehicular criminal offenses in Arizona, you should retain a qualified and experienced criminal attorney to defend your charges. DUI laws and penalties are among the harshest in the country. Your criminal defense lawyer will defend your charges, and protect your rights. There may be defenses you are not aware of that could lead to a dismissal of charges or other favorable outcome in your case.

Additional Resources:

• Gilbert Arizona Traffic and DUI Unit

• Gilbert AZ Criminal Court Processes

• DUI and Drowsy Driving – Laws and Criminal Defense in Arizona

• National Centers for Disease Control – Drowsy Driving Report January 2013

• National Highway Traffic and Safety Administration (NHTSA)

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The National Center for Disease Control (CDC) describes use of prescription medication as an epidemic and the fastest-growing drug problem in the Country. It is said that more teens are using prescription medicine than cocaine, meth and Ecstasy combined.

Final numbers are still being tallied from police agencies throughout Arizona. But preliminary statistics for 2012 indicate Drug DUI arrests are expected to jump from 11% in 2011 up 14% in 2012 of all DUI arrests in Arizona. Officials attribute this to increased funding for specialized police drug detection and impairment training such as Arizona’s Drug Recognition Expert (DRE) Program. Police Agencies are now using state of the art equipment, and are well trained for Drug DUI enforcement. For example, Gilbert AZ Police Department, is equipped with mobile DUI enforcement vans; unmarked vehicles; special DUI motor cycle enforcement units; granted allowances for overtime; and training and certification to police officers in phlebotomy DUI processing.

Other contributing factors for the increase in Drug DUI arrests are frequency of use and access to prescription drugs by adults, and youths.

At this juncture, there are no published statistics as to how many of the Drug DUI arrests were Marijuana related. So no assumptions can be made as to whether or not legalization of Medical Marijuana in Arizona contributed to the increased Drug DUI Arrests.

Arizona Drug DUI Laws

Under A.R.S. 28-1381 in addition to alcohol DUI laws, it is also unlawful to drive or be in actual physical control of a vehicle in Arizona, if a person is impaired to the slightest degree due to the influence of any drug; vapor releasing toxic substance or any combination of liquor, drugs or vapor releasing substances. This includes legal, or illegal drugs, or Medical Marijuana. It also includes drugs obtained with a valid prescription or any over-the-counter drugs. This means that a person can be cited for DUI if they have had no spirituous liquor at all, but are driving impaired to being under the influence of a drug.

A first or second DUI with no aggravated factors in Arizona is a Class 1 Misdemeanor. This includes drug related DUI charges. Penalties are generally the same or similar as sentencing for alcohol related DUI charges. If convicted penalties call for 10 day jail terms; mandatory substance abuse counseling; fines, fees, and other harsh penalties. Jail terms may be reduced to 24 hours, upon successful treatment of an alcohol or substance abuse program.

Criminal Defense Attorney Gilbert AZ

Motorists are not aware that a drug may impair their ability to driver. But in Arizona, it is not a defense for a motorist to claim that a driver was aware that drug had the potential to impair their driving or not. If you have been arrested for any type of DUI, your future and freedom are in jeopardy. You should a qualified consult a criminal defense attorney who defends charges in the city where you received the citation, to discuss your matter, and defense options.

Additional Resources:

•Arizona State Legislature – Drug DUI Laws
•Arizona Governor’s Office of Highway Safety Annual 2011 DUI Enforcement Statistics

• Arizona Governor’s Office of Highway Safety 2012 DUI Enforcement statistics (preliminary to 12/27/12)

• Drug Abuse in Arizona – Office for Children, Youth and Families

• National Center for Disease Control – Prescription Drug Abuse

• Gilbert Police Traffic Unit

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Law Office of James Novak 4500 S. Lakeshore Drive Tempe AZ 85282 (480) 413-1499 Free Initial Consultation Arizona DUI, DWI, Drunk Driving & Criminal Defense Firm Serving Tempe, Phoenix, Mesa, Chandler, Gilbert, & Scottsdale AZ Maricopa County

There was hardly a city in the valley this holiday weekend, not saturated by police patrols. As the Arizona Department of Public Safety (DPS) warned, they were “everywhere”. Following the New Year’s holiday 2013, the police reported making 4,371 DUI arrests between November 23, 2012 to January 1, 2013, representing a 7.16% increase over this time last year, and 12% from the year before. Of the total 4, 371 total impaired driving arrests, it was reported that 1,098 were for Extreme DUI (0.15% or higher BAC), which constitutes over 25% of all impaired driving arrests.

Drug related impaired driving arrests totaled 934 which represented 21.3% of the total. Aggravated DUI (Felony) totaled 450 or 10.2% of all impaired driving arrests.

The average DUI Blood Alcohol Content level was 0.15% the Extreme DUI, with the legal limit being 0.08%.

This year the state pooled their Law Enforcement resources to create a super DUI task force for the Thanksgiving through New Year’s Eve holidays. The large valley-wide DUI task force was 2,247 officers strong from 70 Police Agencies.

The state reported that overall DUI arrests for 2012 totaled 27,710.

In 2011 a total of 18,916 impaired driving arrests resulted from DUI task forces reported by Arizona Governor’s Office of Highway Safety (AZGOHS).

Many are attributing this increase to the fact that there was a higher police presence and DUI task forces demployed throughout Arizona during the year. The AZGOHS provided grants and funding for Cities and Counties. With this, it enabled law enforcement agencies to increase their presence; work overtime, and make more police stops in 2012.

The Arizona Republic reported that there were 787,946 police stops from January 1, 2012 to January 1, 2013. It is unclear how many of those stops were for suspicion of DUI.

Criminal Defense Firm Gilbert AZ

A DUI conviction can have devastating impacts on your life. The laws and penalties in Arizona are among the toughest in the Country, even for first offenders. DUI convictions call for jail terms; fines, fees, and assessments; impound of your vehicle; ignition interlock device on your vehicle; and drug or alcohol counseling. Felony DUI charges call for prison terms and other increased penalties. And it doesn’t stop there. For some it can mean loss of their job or future job opportunities, deportation, and other adverse impacts that can last a lifetime.

If you were arrested for any type of DUI, you should consult an experienced criminal defense attorney well before your first court appearance. You should retain a qualified and effective DUI lawyer who can protect your rights and defend your charges.

There may be defenses that you are not aware of, that may enable you to obtain a favorable resolution in your case. Even though you were arrested, you still have the right to retain an attorney and defend your charges. You should always invoke your rights to this due process under law.

*Statistics updated January 4, 2012 Additional Resources

• DUI Arrest Statistics by Calendar Year AZGOHS

• Gilbert Police DUI Units

• Gilbert Municipal Court

• State Legislature – Arizona DUI Laws • Arizona Republic

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Law Office of James Novak 4500 S. Lakeshore Drive Tempe AZ 85282 (480) 413-1499 Free Initial Consultation Arizona DUI, DWI, Drunk Driving & Criminal Defense Firm Serving Tempe, Phoenix, Mesa, Chandler, Gilbert, & Scottsdale AZ Maricopa County

You may be completely not-guilty of the charges for which you were arrested or on trial, but the prosecution will not “tell your story” or produce any evidence that will help prove your innocence. That is not their job. The prosecutor generally will not point out weaknesses in the State’s case against you. Only your criminal defense attorney will look for defenses, mitigating factors or evidence that may lead to a dismissal or reduction in sentencing; • Any information or answers to questions regarding your charges can result in unintended self-incrimination. You have a constitutional right to remain silent and retain legal counsel to defend your charges, and be present during any questioning or testimony. Representing one’s self increases a person’s chance of unintentional self-incrimination.

The Presiding judge can only intervene on motions; plea agreements; granting or prohibiting evidence from being admitted; and sentencing. The Judge can’t dismiss the charges without formal or proper legal arguments or challenge is made on the evidence; to the law; or other matters surrounding your case; or there is a “Not-Guilty” verdict returned by the jury.

Arizona DUI laws are strict and penalties harsh. A first time Misdemeanor DUI calls for mandatory jail sentencing Ignition Interlock Device on vehicle; suspension of driver’s license; probation, costly fines, fees and assessments. DUI charges result in both criminal charges which are held in criminal court, and civil charges relating to the negative actions on a person’s driver’s license. A qualified criminal defense firm will protect your rights; defend your charges; make every effort to help avoid jail terms and other harsh sentencing.

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Law Office of James Novak 4500 S. Lakeshore Drive Tempe AZ 85282 (480) 413-1499 www.Arizonacriminaldefenselawyer.com www.novakazlaw.com Arizona DUI, DWI, Drunk Driving & Criminal Defense Firm Serving Tempe, Mesa, Chandler, Scottsdale, Phoenix, & Scottsdale AZ Free Consultation!

1. Experience, Experience, Experience. You want to know how much experience the DUI Lawyer handling your case has; not the law firm “accumulatively”. The “accumulation” won’t be defending you. In most cases it will be one individual lawyer;

2. Communication: Good trial lawyers are good listeners; they know that your freedom and future are at stake. They know that many winning cases are due to issues challenged that were hidden in the “details”; and you can trust, they don’t miss any, details that is;

3. Compelling: Experienced trial lawyers are persuasive and articulate; They are able to tailor, build and present compelling arguments in your defense. If effective, they can sometimes influence the prosecution, a jury, and the judge when necessary; It’s far better to have a compelling attorney present a good argument, than to have an unconvincing attorney present a great argument;

4. Court Room & Trial Defense: hundreds, or better, thousands of hours in past litigation;

5. Former Prosecutors: They get a vast amount of trial experience in many types of criminal cases.

6. The ability to correctly interpret the law and defenses that if used, may lead to suppression of evidence or a dismissal of charges based on the facts of the case;

7. They carefully tailor and build each client’s defense strategically based on the evidence and facts surrounding the charges; They understand that “one size fits all” does not apply in DUI and criminal defense cases and that every case is unique;

8. They never file frivolous motions: An attorney who chronically files frivolous motions loses all credibility and respect of the judges and prosecution in the courts for which they appear frequently;

9. They never under estimate the power and effectiveness of filing early and justified defense motions.

These often involve filing defense motions related to procedural, legislative, or constitutional issues such as

1). The defendant is being prosecuted in the wrong jurisdiction;

2). time limit to prosecute or formally charge someone with a particular crime has expired under constitutional limitations; or

3) Speedy Trial Rights were violated. In some cases the charges will be dropped permanently In others, they can be brought again depending on the circumstances.

10. They defend cases in Gilbert AZ Criminal and Gilbert DUI Courts frequently: They are respected by the police, prosecutors, and judges, they are very familiar with standard court procedures and protocol; easily remembered as “home Court advantage”;

11. They have the ability to understand, interpret, and explain complex issues of AZ criminal law into simple terms to those necessary including a jury if needed;

12. They are passionate and dedicated to their client’s defense and obtaining the most favorable outcome on their behalf; They make sure defendants are treated fairly, and their constitutional rights are protected, under Federal and Arizona laws;

13. They make the time needed to tailor, build, and present compelling arguments in the client’s defense based on the evidence and facts of the case;

14. They conduct their own defense investigations, concurrently with the prosecution building theirs;

15. They exhaust all avenues available to get the best outcome in their clients including dismissals (partial or complete); negotiating for a better outcome, including leniency in penalties; or alternatives to harsh and unwarranted sentencing such as incarceration.

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Law Office of James Novak 4500 S. Lakeshore Drive Tempe AZ 85282 (480) 413-1499 Arizona DUI, DWI, Drunk Driving & Criminal Defense Firm Serving Tempe, Mesa, Chandler, Gilbert, Scottsdale, & Phoenix AZ For a Free Consultation call (480) 413-1499 Today!

Gilbert AZ Criminal & DUI Defense for Your Arraignment

One of the main purposes of your Arraignment date is to inform the court of how you wish to “plea”. It is never a good idea to plead “guilty” to any crime or DUI at your arraignment, before consulting a DUI or criminal defense attorney, but especially not in Arizona. Arizona has some of the toughest DUI laws and most severe DUI DWI Drunk Driving penalties in the country if convicted. A good DUI attorney will defend you, and may be able to use certain defenses that you were not aware of which could lead to a reduction or dismissal of your DUI charges.

Your Arraignment Location

For criminal DUI charges in Gilbert, you will be given a complaint (if in custody) or summons (if not in custody). This document will include information concerning location, date and time you are required to appear for your next court date. The court location you will be required to appear is based on the nature of the charges, and jurisdiction where you were charged. Most felonies are heard in Superior Court. Most misdemeanors are held in Justice Courts. However, some felonies can initially begin in a lower court such as justice court.

Criminal or DUI Arraignment in Gilbert Court

The court date that appears on your complaint is called your “Arraignment Date”. If you have not retained a DUI defense lawyer you must appear as the scheduled date and time. If you fail to appear or even in some cases, if you are late, a bench warrant may be issued for your arrest A.R.S. 13-2506 & A.R.S. 13-2507. If you have retained legal defense your DUI defense lawyer will give you further instructions. In many cases your defense attorney can vacate the first court date, through alternative legal channels so you do not have to appear in person.

What to Expect at Your DUI Arraignment in Gilbert Court

On your arraignment date, you will inform the court of how you wish to plea. In addition, the Judge and Court will confirm your current identity and contact information; explain your rights; read formal charges against you; advise you of the range of potential sentencing if convicted; and find out if you plan to retain an attorney to defend you for your Gilbert misdemeanor or felony DUI or criminal charge(s).

Pleas that can be entered at a criminal or DUI Arraignment

There are three possible pleas to a criminal charge and listed in brief below: “Not Guilty” – This means that you are denying guilt and the burden of proof is with the state of AZ to prove guilt of the DUI or criminal charge against you. In the Gilbert Court, the state is represented by the Gilbert prosecutor’s office. If you enter a plea of not guilty on your arraignment date, the Judge will set your case for either a pre-trial conference or a formal trial date.

“Guilty” – You admit that you committed the act charged in the complaint(s), that the act is prohibited by law and that you have no legal defense for your act. For Misdemeanor charges, the Gilbert AZ Court judge will proceed with your sentencing at that time. For felonies, the judge will schedule a future court date for sentencing. “No Contest” – This you do not admit guilt but that you also do not wish to challenge the charges or evidence at a trial and will accept the conviction, sentencing and punishments of the charge (without admitting guilt). The judge will proceed with your sentencing at this time.

DUI Attorney in Gilbert Arizona

In the least you should consult an experienced Arizona Criminal Defense Lawyer or Arizona DUI Attorney. Most Arizona criminal defense law firms provide free initial confidential consultations. You have nothing to lose by consulting a DUI defense attorney to discuss your Gilbert AZ charges, potential penalties, and defense options. Your best chance at getting your Gilbert DUI charges dismissed are by retaining legal representation from a DUI attorney who defends DUI cases frequently in Gilbert Court.

An experienced Gilbert DUI lawyer put themselves between you and the Gilbert prosecution as a barrier to protect you for unintended self-incrimination; to make sure your are treated fairly; your rights are not violated; guide you through the Arizona criminal justice process; tailor and build a solid and effective defense on your behalf; look for other weaknesses in the prosecution’s case; and make every effort to get Gilbert Charges dismissed, reduced, or the otherwise best outcome in your case. *All Federal Laws, Arizona Laws, and Criminal Court Procedures are subject to change. You should contact an Arizona DUI lawyer for current information concerning DUI or criminal matters.

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 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 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 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

“The cost of retaining a good Gilbert DUI defense lawyer is far less a price, than fines, fees, costs, and your freedom, if convicted of Gilbert felony DUI Charges” If you were arrested for felony DUI charges in Gilbert, AZ you should contact a Gilbert DUI lawyer as soon as possible to discuss your case and defense options. A felony DUI conviction in Gilbert exposes you to severe penalties. You will need a qualified Gilbert DUI attorney to defend your Felony DUI charges.

Felony DUI – Arizona Law: There are three factors that will aggravate a Gilbert Misdemeanor DUI resulting in escalation of the Misdemeanor DUI to a Felony DUI. “Felony DUI” charges are also known as “Aggravated DUI charges”:

1) A.R.S. §28-1383(A) (1): (Paraphrased) You were arrested for DUI while your drivers license was suspended, restricted or revoked – Class 3 Felony

2) A.R.S. §28-1383(A) (2): (Paraphrased) The current DUI charge is your third DUI in 7 years and at least two of the prior DUI charges resulted in convictions during the last 7 years. – Class 3 felony

3) A.R.S. §28-1383(A) (3): (Paraphrased) You were charged with DUI DWI while driving with a child under 15 years of age was a passenger in the vehicle – Class 6 Felony

DUI Penalties – Felony DUI Sentencing in Arizona

A Felony DUI conviction for Gilbert DUI charges exposes you to mandatory AZ DUI sentencing guidelines. The mandatory DUI penalties under Arizona Law include, but are not limited to the following:

• Jail Sentences ranging from 1 day to 1 year;

• Prison time from 4 months to 2 ½ years;

• Revocation of your drivers license for 3 years;

• Ignition Interlock Device at your expense;

• Fines of Up to $150,000 plus 80% surcharge;

• $1500 prison assessment;

• $250 abatement fees;

• Probation fees;

• Costs for Drug or Alcohol Treatment Screening;

• Costs for Drug or Alcohol Counseling or Treatment Program;

• Supervised probation;

• Felony criminal record Felony DUI Penalties for Gilbert DUI convictions may be “aggravated” or “mitigated”. Aggravated factors are those that support the prosecution and warrant more serious DUI penalties. Mitigating factors are circumstances or evidence that support your DUI defense and warrant less serious penalties.

Gilbert DUI Lawyer – Felony DUI Defense Gilbert AZ

Without compelling arguments presented or motions filed by your DUI Defense Lawyer, the judge or prosecution will not generally offer mitigated sentencing. Experienced Gilbert DUI Defense Attorneys lawyers know what to look for and obtain evidence needed to argue for mitigating sentencing if you are convicted of a felony DUI charge.

Some Defendants do not realize that a Felony DUI charges is not a conviction. They think since they were arrested, they must be guilty. A qualified Gilbert DUI lawyer or AZ criminal defense lawyer will encourage you to avoid that mind set. Any Gilbert Felony DUI charge can be challenged, regardless of their classification. Good Gilbert DUI lawyers are often able to get evidence dismissed; charges reduced to a Misdemeanor DUI, civil citation, or ultimately get the felony DUI charges dismissed completely.

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.

Arizona’s adopted “Mandatory Sentencing” guidelines for serious felonies. Here’s how the best AZ criminal defense lawyers may still be able to get your felony charges partially or completely dismissed. In alternative they may be able to fight for a reduction in charges to a “Standard Felony” or even a misdemeanor. This reduction in charges could mean you would avoid prison; thus allowing you to be eligible for probation instead.

Gilbert AZ Felony Charges

If you face AZ felony charges in Gilbert AZ. you should hire the best Gilbert criminal defense lawyer possible to defend you. A criminal charge is far from a conviction. You are not convicted unless you are proven to be guilty The law allows for you to be entitled to a defense. Use it. Your best chance at a good outcome is to use a private practice AZ criminal defense attorney who defends Gilbert felonies on a regular basis.

“Mandatory Sentencing” Penalties | AZ Felony Convictions

Arizona State Law is harsh on felony convictions. Most people have too much to lose to accept a conviction. This is particularly the case if a serious felony conviction subject to Arizona’s “Mandatory Sentencing Laws”. Such felony conviction penalties under “Mandatory Sentencing Laws” make you ineligible for probation. If convicted, you will be exposed to long prison terms, even for life, within a certain range for the crime; exorbitant fines; probation with interlock monitoring device (ankle bracelets); and a felony criminal record that will following with adverse impacts on your life for many years. The Arizona judge also has authority to order more severe punishments depending on the circumstances surrounding the felony charges.

Types of Felonies Subject to AZ “Mandatory Sentencing Laws”

In Arizona, serious felony charges are subject to Arizona’s Mandatory Sentencing Laws referred to under A.R.S. 13-601 and A.R.S. 13-701. These charges including, but are not limited to the following:

1) Dangerous or violent crimes;

2) Sexual assault or other violent assault crimes;

3) Assault with use of a deadly weapon;

4) Assault and battery with a weapon;

5) Armed robbery

6) Repeat offenses;

Defense Lawyers in Gilbert AZ for Felony Criminal Charges

It is crucial for you to hire the best criminal defense lawyer possible; preferably an experienced litigator, with a successful defense and trial record. There are two primary stages during the criminal justice process that top Gilbert Defense Lawyers use to achieve the best outcome of getting an acquittal, charges dismissed, or sentencing reduced.

1) The Defense Stage: Gathering Evidence; filing early procedure motions participating in pre-trial conferences and hearings, hiring experts; having DUI chemical evidence retested; deposing or interviewing witnesses including the police; challenging weak evidence; looking for reasons to get flawed evidence suppressed; deciding on a winning defense strategy based on the facts.

2) The Sentencing Stage: If there is no chance of getting the charges dismissed based on the strength of the prosecutions evidence, then your defense attorney will shift to the next stage which is sentencing. Your Gilbert criminal lawyer will present mitigating factors (facts that are in your favor), exculpatory evidence, and reasons why you deserve a lesser charge or reduced sentence.

If you have been arrested for DUI or any criminal charges either Misdemeanor or Felony in Maricopa County 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). Also visit www.arizonacrimialdefenselawyer.com for helpful DUI and criminal defense information. The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Arizona, valley wide within the Greater Phoenix, Maricopa County cities including Phoenix, Chandler, Tempe, Gilbert, Mesa, Scottsdale Phoenix Metro, and central Phoenix and Phoenix East Valley cities in Maricopa Count.

DUI blood alcohol test results evidence can be challenged by your Gilbert DUI Attorney. In some cases, this can lead to a total dismissal of your Gilbert DUI charges

AZ DUI Law | Defending Blood Alcohol Content (BAC) Test

If you were charged with a DUI in Gilbert AZ based upon your DUI blood testing results, you should contact a Gilbert DUI lawyer as soon as possible. In many cases, your DUI defense attorney can challenge the prosecution’s blood evidence. This may lead to suppression of that evidence and total dismissal of your DUI charges.

Here are at least 10 reasons your Gilbert AZ DUI lawyer might use to challenge the prosecution’s evidence relating to your DUI blood test results:

1. Errors in the blood testing process occurred;

2. Police did not follow required protocol related to DUI blood alcohol testing, analysis, preservation, or transport;

3. The officer who conducted the blood test was did not have the credentials or proper training in phlebotomy and DUI blood testing;

4. The blood sample was retested by your DUI defense attorney and found to be largely different that the blood test results processed at the crime lab;

5. Due to improper labeling the blood sample belonged to someone else;

6. The blood sample container was not properly sealed for transport; for processing;

7. The expiration date of the DUI or Drug testing kit used by police had expired.

8. The DUI or drug blood testing kit used by police had been exposed to prolonged extreme Arizona heat due to improper storage.

9. The police had their blood sample processed at a local hospital. Most busy hospitals and medical facilities designed for medical testing and treatment for sick or injured patients s are usually not required to follow strict protocol for processing of criminal or DUI blood testing evidence.

10. The officer who conducted the test or arrested you for Gilbert DUI, refused or failed to give you a blood sample for your Gilbert DUI defense attorney. This is a violation of your constitutional rights.

Criminal Defense Attorneys – DUI in Gilbert AZ

When you consult a Gilbert DUI attorney to defend DUI charges, ask them if they intend to retest the blood sample. Good Gilbert DUI lawyers do this on every DUI defense case involving DUI blood testing results. Be sure to inquire who will be responsible for the blood retesting fees at defense retesting. The charge for this service is currently between $250.00 and $350.00. Many AZ DUI lawyers will factor the fee into your total defense cost. Some DUI attorneys in AZ take care of this cost as a courtesy. But if your DUI lawyer requires you to pay the fee on top of defense costs, it is well worth it, to pay to have it retested. Many AZ DUI charges have been dismissed because the tests were challenged successfully by a DUI defense firm. The best Gilbert criminal defense attorneys in AZ understand the importance of examining all the aspects of the DUI blood test results. If they find weaknesses or flaws in the prosecution’s blood sample evidence, your DUI lawyer will educate the court and prosecution, present compelling arguments, which may lead to a total dismissal of your Gilbert DUI charges.

If you have been arrested for DUI or criminal charges in Maricopa County 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). Also visit www.arizonacrimialdefenselawyer.com for helpful DUI and criminal defense information.

The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Arizona, valley wide within the Greater Phoenix,, Maricopa County cities including Chandler, Tempe , Phoenix, Chandler, Tempe, Gilbert, Mesa, Phoenix Metro, and central Phoenix and Phoenix East Valley Arizona.

There are many good criminal defense and DUI attorneys who can defend your criminal or DUI charges in Gilbert AZ. But the fact is, the very best one, is the one that is right for you. Sound simple? For the most part it is. And it will take some effort on your part. But in the long run it make just mean the difference of whether or not you get a conviction or a dismissal of your criminal or DUI charges. It applies to the old cliché “Sweat now, bleed less later.”

Below is a list of things you can do to help you find the best criminal defense attorney or DUI lawyer to defend your Gilbert AZ Charges:

• The internet. This may sound remedial. But some people do not realize they should hire an attorney licensed in criminal law in Arizona to defend their Arizona charges. Look for “criminal defense attorney” or “DUI defense Attorney” DUI or Criminal Defense law firms, and the like. Be sure to limit your search within the jurisdiction, city or county and state you received the criminal charges or where you were arrested. Then select a few Criminal and DUI attorneys.

• Review the Attorney’s Website in more detail. Limit your search to Arizona Attorneys who defend cases within Maricopa County, and often in Gilbert AZ Court. The Attorney you choose should be licensed to practice criminal law in the state of Arizona.

• Web Directories. There are literally hundreds of on-line Attorney directories. Again, limit your search to Arizona and the practice areas of criminal defense and DUI defense in the city, county, or jurisdiction in Arizona you were arrested or charged with a crime.

• Review Sites and Forums. There is a wealth of information that can be found through internet review sites and social networks and forums. Find out type of experience others have had and their outcomes by hiring a particular attorney. A word of caution, do not post details regarding your criminal or DUI charges before or during the process of your situation while you are looking. Your comments are public and can be used against you.

• Referrals from trusted friends, family or neighbors. Be sure not to discuss your particular situation or details surrounding your charges.

• Contact the Arizona State Bar and/or the Maricopa County Bar Association to find out if they are licensed to practice criminal law in Arizona and for how long. They may also have other useful information to assist you.

• Once you have narrowed your search to a few attorneys that you feel are qualified and have the experience and credentials to defend your case, contact them for a Free Consultation.

• The consultation may be by phone or in person, whatever is agreed upon by you and the criminal defense attorney. Explain your charges, and answer any questions they have relating to your situation. The attorney will need to get information to further assist you, discuss your defense options and you’re your a rate quote for retaining their legal representation.

• Use the consultation not only to get information relating to the charges and your defense options, fill the voids of information you would like to know about that attorney to help you make your decision. This should include qualifications, knowledge, training, experience, credentials, defense at trial, and how often they defend cases in Gilbert AZ. Most criminal defense or DUI attorneys should be able to give you a rate quote by phone. Ask about fees and flexible payment plans if needed. Ask whatever you need to know to make you feel confident you are making the right decision.

Choosing the best Attorney to defend you in Gilbert AZ for your DUI or criminal charges is an extremely important decision. Your freedom and future are in jeopardy. You need to find the best defense attorney for you. A well thought out decision will increase your chances of getting your charges dropped, a not-guilty verdict, a dismissal or reduction of charges or sentencing rather than a harsh conviction.

If you have been arrested for DUI or criminal charges in Maricopa County 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). Also visit www.arizonacrimialdefenselawyer.com for helpful DUI and criminal defense information.

The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Arizona, valley wide within the Greater Phoenix, Maricopa County area including the cities of Chandler, Tempe , Phoenix, Mesa, Gilbert and Tempe Arizona, Phoenix Metro, and Phoenix East Valley Arizona.

Gilbert DUI Defense Strategies

SUBSTANCE INTERFERENCE Did the DUI suspect ingest cough drops, medication, use asthma spray prior to the breath test, or have tobacco chew in the mouth? Many substances are known to contain various forms and levels of alcohol or any other chemicals that may produce false readings, therefore invalidating the results.

RESULTS CONTAMINATION Did mouth alcohol contaminate the breath test results? Was there alcohol in the mouth but not in the bloodstream that produced a misleading BAC reading? Accurate results can be affected by latent oral alcohol caused by burping, belching, residual regurgitation, cough syrup, cold medicines, breath sprays, mouthwash, dentures, denture adhesives, braces, trapped food between the teeth, orthodontics, and or other substances.

BREATHING PATTERNS Were you instructed to breathe continuously into the device for more than 10 seconds? Breathing test machines are calibrated to test no more than a 10 second long sample. If you were required to breathe into the machine for longer than 10 seconds, your results might have indicated a higher blood alcohol level than was actual. Hyperventilating, shallow breathing, or refusal to breathe might also interfere with an accurate test result.

Gilbert AZ DUI Defenses There are many DUI defenses that may apply and can be used to defend your DUI charges in Gilbert Arizona. A good DUI lawyer who defends DUI charges in Gilbert Court will know what DUI defense strategies can be used in your case. The above defenses are just a few of many defenses surrounding breath testing results. Above was an excerpt from the book “101 DUI Defenses 101 DEFENSES TO BEAT YOUR ARIZONA DUI ©” written by James Novak, Arizona DUI and Criminal Defense Attorney. For more DUI defenses, the abridged version of this E-book can be downloaded free by visiting www.arizonacriminaldefenseattorney.com.

more If you have been arrested for DUI or criminal charges in Maricopa County 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 to defending DUI, Drug & criminal charges in Arizona, valley wide within Maricopa County including the cities of Gilbert, Scottsdale, Phoenix, Chandler, Mesa, and Tempe Arizona. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstances.

If you have been arrested for a DUI in Gilbert Arizona, you already know Arizona has some of the toughest DUI laws in the Country. Gilbert Arizona is very aggressive when it comes to DUIs. One of the most important priorities for Gilbert Police are finding, and arresting DUI – DWI drivers, and getting convictions. They have specialized trained motorcycle police teams to do just that. Their laws fall within the criminal code of Arizona DUI laws that carry severe punishments and sentencing for a DUI conviction. Even for a first time Gilbert DUI arrest, you will need a strong and experienced Gilbert Arizona criminal defense attorney to fight for you. It is easy to find any DUI Attorney in Gilbert Arizona. But it is not so easy to find a good Gilbert DUI Lawyer or one of the best Criminal Defense Attorneys to defend you, who defend cases frequently in Gilbert Arizona Courts.

If you are stopped and arrested a Gilbert DUI, make sure you hire a DUI Lawyer who defends all kinds of DUI and Drug DUI charges on a regular basis in Gilbert Arizona. Make sure your Arizona DUI Lawyer is an experienced litigator; understands the laws, including all the newest and changing laws; breath and blood testing issues, and most importantly, is familiar with defense strategies and methods that can be used in your defense for Gilbert DUI or Drug DUI Charges.

Choosing a DUI Lawyer to defend your DUI charges may be one of the most important decisions you will ever face. Below are some questions you should get answers to, before making a decision as to which Attorney you will hire to defend your case. These excerpts are cited in Winning Defense Strategies Book Series “#1 Arizona DUI Defense”, written by experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak:

• Who will actually be my DUI Attorney? • Have you met that Attorney before your court date? • Does my DUI attorney defend DUI and Criminal cases exclusively? • Will you be the lawyer who is actually handling my case? • Who is doing all the investigation on my case? Will you be the lawyer who shows up to court with me? • Will you be switching lawyers on me? • Can I meet my assigned lawyer before I agree to hire your firm? • Will I be able to speak to you if I have a question or concern? • What is it going to Cost? • What is Your Experience? • What background do you have that qualifies you to handle my case? • Have you ever been a prosecutor? If so, where, and for how long? • What training do you have with the issues involved in my case? • How many cases like mine have you handled? • How often do you handle this specific type of case? • How often do you deal with this particular prosecutor? • How often do you appear in this court? • How often do you appear before this particular Judge? • What is your current caseload? • How long should I expect to wait to hear back from you if I have to leave a message for you?

Maximum penalties allowed by Arizona DUI law can have a devastating impact on your life, family, and future. A good Arizona Attorney will make sure you get a fighting chance, and make sure your constitutional rights have not been or will not be violated. An experienced Gilbert Arizona DUI Defense Attorney, who defends DUI cases frequently in Gilbert AZ, can mean the difference between a conviction or total dismissal, or reduction your criminal or DUI charges.

more If you have been arrested for any Arizona DUI other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at 480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix, Tempe, Scottsdale, Chandler, Mesa, Arizona and surrounding areas valley-wide. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

For more Arizona criminal defense help, DUI defense help, free DUI defense books, and free DUI and criminal defense videos visit: http://www.arizonacriminaldefenselawyer.com

If you were arrested in Gilbert AZ or face criminal or DUI charges s in Gilbert you need to retain an attorney who has a vast amount of experience and knowledge of Arizona laws, your constitutional rights, Arizona criminal justice system, and protocol and defends cases frequently in Gilbert AZ. Most importantly, your Gilbert criminal attorney or Gilbert DUI lawyer should be extremely familiar with the defenses that can be used to build you a solid and effective defense needed to challenge your Gilbert criminal or Gilbert DUI charges. An experienced Gilbert Criminal Attorney or DUI Lawyer in Gilbert will determine the best defense strategy to use, based on the circumstances of your criminal or DUI charges. Your Gilbert criminal defense attorney or DUI lawyer in Gilbert will use these defenses along with your protected constitutional rights in an attempt to get your criminal or DUI charges dismissed, reduced or an otherwise best possible outcome in your case.

WHAT TO EXPECT AFTER BEING ARRESTED IN GILBERT

• Arrest – In order for a Gilbert, AZ arrest to be legal, the police must have “Probable Cause”. This means that the officer has reasonable belief that a crime was committed and you were the one who committed it. If the officer feels probable cause exists you will usually be placed in hand cuffs and taken into Gilbert police custody.

• Booking – Your fingerprints taken, photograph or what some call “mug shot” will be taken; then they will confirm your identity with some routine questioning; they will then research your prior criminal convictions; then they will check to see if you were on probation or parole at the time of the current arrest.

• Arraignment – This is the initial Gilbert Criminal Court appearance. At this stage you have formally been charged, but not convicted of the crime and the processing criminal justice system time-lines begin. This is where you may plead 1) guilty, 2) not guilty, or 3) no contest (no contest is when you do not admit guilt on the charges, but this lets the Court know that you do not dispute the criminal charges either).

• Resolution – 1) Charges dismissed 2) negotiated plea agreement for reduced charge or sentencing 3) Trial 4) jury decision of guilty or not guilty 5) judge sentencing if guilty.

• Sentencing – 1) If you are guilty or have agreed to a negotiated plea agreement you will receive your sentencing or penalties by the Gilbert Court Judge. The judge has complete discretion to order any sentence that falls within the sentencing range of the crime for which you were found guilty.

Criminal Rights in Gilbert You have protected rights both under Federal and Arizona State constitutions. It is very important that you do not “waive” any protected rights without the presence or advice of your criminal attorney. If you decide on your own without consulting a Gilbert criminal attorney or Gilbert DUI lawyer to waive any of your rights, you may take the chance of jeopardizing your case and any defenses that otherwise could have used in your defense. You are not required to assist the Gilbert Police or Gilbert Court Prosecutor in making its case stronger against you. Some of the common rights you have are listed below and not all inclusive:

1) The right to remain silent; 2) The right to defense by an attorney; 3) The right not to answer questions without your criminal defense attorney present; 4) Your Miranda Rights must be read to you if you are arrested; 5) The right to enter a “Not Guilty” Plea; 6) The right to obtain and produce exculpatory (evidence favorable to your defense) evidence before or at trial; 7) The right to trial by jury; 8) The right to defend your criminal or dui charges before trial; 9) The right to avoid self-incrimination; 10) In the event of trial, the right to cross-examine or confront a witness testifying against you. It is highly recommended that you leave this to your qualified Gilbert criminal defense attorney or trial lawyer in Gilbert who is experienced in criminal defense litigation.

Criminal Law Gilbert Criminal Law in Arizona is strict, and comprehensive. Definitions, Classifications, Sentencing guidelines, and Penalties found in A.R.S. criminal code: Title 13 – Criminal Law http://www.azleg.gov/ArizonaRevisedStatutes DUI laws and DUI penalties in Arizona are some of the toughest in the United States. They are found in A.R.S. criminal code: Title 28 – Criminal Law http://www.azleg.gov/ArizonaRevisedStatutes If your arrest or charges for DUI or Criminal charges in Gilbert AZ, Arizona you will be subject to the rules of authority of Arizona State Laws of Arizona cited above.

Criminal Attorney Gilbert AZ Your future depends upon a strong defense by a criminal attorney who defends criminal or DUI charges frequently in Gilbert Criminal Court. The choice is always yours to retain a criminal or DUI lawyer or not. However, given the harsh laws and punishments for Gilbert criminal and Gilbert DUI charges it is strongly recommended that you at least consult a criminal defense or DUI lawyer. The cold fact is that the Gilbert prosecution is always relieved if the defendant chooses to go unrepresented because it makes their job easier to convict you. If fact, going to Gilbert Criminal Court without qualified criminal attorney or DUI lawyer is certain to “fast track” a Gilbert DUI or criminal conviction. Some feel the Gilbert criminal justice system is a vast maze of procedures, time-lines, and protocol, all set up to convict them. There is much truth to this. The process can be extremely exhausting, overwhelming and defeating for an unrepresented defendant. It is the job of the Prosecution to convict you. And they will work closely with police to get that conviction. Without good legal representation by a Gilbert criminal attorney or DUI lawyer who defends cases frequently in Gilbert, you may unintentionally say or do something that will unknowingly harm your defense, and strengthen the Prosecution’s case against you. You don’t want to unknowingly contribute to your conviction.

A good Gilbert criminal defense or Gilbert DUI Lawyer will be your voice in the criminal justice system. They will build a solid and effective defense on your behalf. Then they will press compelling arguments in your defense to the Gilbert Criminal Court and prosecution. There is no substitute for an experienced Arizona criminal attorney who is a skilled litigator. They will know the most effective defenses to use, and building a foundation for your defense. Hiring a good criminal attorney who defends cases often in Gilbert court will drastically increase your changes of getting your charges dismissed, reduced or the otherwise best possible outcome in your case.

more The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Gilbert, Chandler, Mesa, Tempe, Scottsdale, Phoenix, AZ, and other cities surrounding areas valley-wide in Maricopa County Arizona.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

If you face Gilbert AZ drug DUI or medication DUI charges you should contact a an experienced drug defense attorney, Gilbert criminal defense attorney or DUI attorney who defends cases in Gilbert AZ as soon as possible. Early retention of an experienced Gilbert DUI attorney is one of the keys to a winning defense.

If you test positive for drugs and are subject to drug DUI charges under the Arizona State Laws. These laws are some of the toughest in the country. The mere presence of a drug found in your system is enough for the Gilbert police to charge you or any city in Arizona, if the officer believes that drugs impaired your driving to the slightest degree. Medication DUI and Drug DUI charges are considered the same as an alcohol DUI according to Arizona State Law for purposes of conviction and sentencing. The exception to this would be if the drugs involved were dangerous, illegal, or controlled substances. This factor would bring cause for harsher sentencing if convicted as well as additional charges.

Gilbert Drug DUI Laws Any Gilbert AZ drug DUI or medication DUI will fall under rule of Arizona State Law and Criminal Codes. Arizona Law prohibits use of driving a vehicle while “impaired to the slightest degree”, due to any drug, alcohol, vapor releasing, intoxicating, or toxic substance in the body. Arizona DUI laws are strict. It makes no difference if the drug is legally prescribed medication by a licensed physician (A.R.S. 28-1381 3.B.) or an illegal dangerous drug (A.R.S. 28-13813.B, A.R.S. 13-3401). Below are portions of the Arizona DUI drug laws:

Arizona Revised Statutes 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree….

3. While there is any drug defined in section 13-3401 or its metabolite in the person’s body…

B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.

C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor….” (Cited in Part: Arizona State Website azleg.state.az.us/ars/28/01381)

DUI with Medications, Drug DUI Defense Gilbert, AZ If you have been charged with a Gilbert drug DUI or DUI with medications, you will need to hire a good Arizona Criminal Defense, Drug defense or Gilbert DUI Attorney who defends DUI and drug DUI in Gilbert on a regular basis. It takes education, training, special skills related to toxicology, litigation Experience and forensic tools needed to challenge Gilbert, Arizona a Drug DUI. It is highly recommended that you not go without good Arizona Legal Representation or AZ Defense for Drug DUI, Medication DUI. If you try to take on the monumental task fighting through the maze of the Arizona court system, challenging toxicology evidence, building a defense strategy, filing motions, conducting hearings, and all that goes with it, your charges will most likely end up in a conviction. A qualified defense attorney will make sure your Constitutional rights have not been violated, examine the evidence, challenge the evidence, and determine the best defense strategy to use based on the circumstances in your case.

Many of the defenses that may be used can be found at http://www.arizonacriminaldefenselawyer.com/lawyer-attorney-1588988.html both at the website, in the free videos, and free books “101 DUI Defenses”© Book from the “Arizona Winning Defense Strategies” © Series -Author: James Novak, Arizona DUI & Criminal Defense Attorney.

With an experienced AZ DUI Drug Defense or DUI with Medication defense Attorney your chances of getting a good outcome such as evidence suppressed, charges reduced, milder sentencing, or even a total dismissal of your charges increase substantially. If you have been charged with any Gilbert, Arizona DUI, Drug DUI, DUI with Medication, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI; any Drug Crimes, including drug sales, drug possession, drug manufacturing, drug paraphernalia, Drug forgery, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona Criminal Defense and Gilbert DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak proudly defends cases in Gilbert, Tempe, Phoenix, Mesa, Chandler, Gilbert, and surrounding cities within Maricopa County.

more The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix, Scottsdale, Mesa, Arizona , and surrounding areas valley-wide.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

A Gilbert Misdemeanor DUI is raised to an even more serious level of a “Gilbert Felony DUI ” under Arizona State Law in the following circumstances which have been paraphrased from A.R.S. 28-1383:

• DUI charges involving an auto accident resulting in bodily injury or significant harm to another person or persons.

• DUI manslaughter – When the Accident with DUI results in a fatality of another while you were impaired under the influence of alcohol or drugs or combination.

• The current DUI charge is your third DUI within 7 years • Arrested for DUI while on a on a suspended or revoked driver’s license • Driving under the influence of alcohol or drugs impaired, and with a minor, in Arizona that is age 15 or under) in the motor vehicle that you were driving. .

Gilbert Felony DUI Penalties under Arizona Law- Arizona Revised Statutes Gilbert AZ Felony DUI Penalties are cited under Aggravated DUI A.R.S. 28-1383 and A.R.S. § 28-1383, up to 10 years. A.R.S. §13-902(B): • Four months in Jail or Prison, if you have no prior criminal record or felony convictions. Also this is subject to circumstances if serious injury or a fatality has occurred, this sentencing may be significantly harsher. • Up to $150,000.00 plus 80% surcharge • $1500.00 prison assessment • $250.00 abatement fee • Evaluation Costs • Drug or Alcohol Treatment & Counseling Costs • Probation and probation Fees • Driving Privileges revoked for up to 3 years • Court ordered Ignition Interlock Device for your auto. .

Gilbert DUI and Felony DUI laws and penalties are constantly changing. This is why it is so important to hire an experienced, highly qualified Arizona Criminal Defense or AZ DUI Lawyer who defends cases often in Gilbert, Arizona. Your criminal defense attorney must be well versed on the Gilbert AZ law, Courts, Protocol, how to use the Law and Constitution in your defense; But most importantly, they must be extremely knowledgeable as to what defenses can be utilized the most effectively based on your circumstances in an effort to get the ultimate best outcome in your case.

All hope is not lost if you have been arrested for a Gilbert AZ DUI. Don’t give up. You can get a second chance by hiring a good Arizona DUI Lawyer who defends cases in Gilbert. To help you get informed on some of your defenses, You can download for free the winning defenses outlined in the Arizona DUI Winning Defense Strategies Book Series © which includes “101 Arizona DUI Winning Defenses” © written by experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak. Simply visit www.arizonacriminaldefenselawyer.com The Attorney you choose to defend your Felony DUI in Arizona may mean the difference between getting a conviction and getting your charges dismissed. It may be the one of the most important decisions you make in a lifetime.

If you have been charged with any Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). more The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Gilbert, Tempe, Scottsdale, Chandler, Mesa, Arizona and surrounding areas valley-wide.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

FST results are determined by the Gilbert police, and are the least reliable of any Gilbert DUI evidence that can be used against you. It is sad but true that the Gilbert Police may intentionally make it sound like you did more poorly on the tests, then you actually did. . The Gilbert Police want arrests. Gilbert Court wants convictions. But studies have shown that even persons unimpaired by drugs or alcohol may perform “poorly” depending on many factors including stress, intimidation, motor skill capability, fatigue from work, medical impairments and many other factors. This is another reason why they are often challenged by experienced DUI Layers who defend cases in Gilbert. The actual purpose for the FST is to use it as a preliminary source, to assist the officer in determining if further DUI testing is needed. It was never intended to bear the weight of convicting you in a court of law of a DUI. But the prosecution will attempt to place more weight on that evidence if the police report that you performed poorly on the FST.

Below are a sample of arguments for Field Sobriety Tests to be challenged and used as defenses taken from “101 DUI Defense Strategies” © Winning Arizona DUI Defense Strategies © Book to give you an idea of a few defense strategies a good Arizona DUI defense Attorney may use to defend your case by active winning defense Attorney and author James Novak:

• YOU HAD THE DISADVANTAGE OF PERFORMING THE TESTS UNDER UNFAVORABLE ROADSIDE CONDITIONS INCLUDING BY NOT LIMITED TO WEATHER, ENVIRONMENTAL OR LEVEL LANDSCAPING.

• ACCORDING TO MEDICAL EXPERTS, THE HORIZONTAL GAZE NYSTAGMUS (HGN) IS NOT A SCIENTIFICALLY VALID TEST UNDER ROADSIDE CONDITIONS. THE TEST MUST BE PERFORMED UNDER SPECIFIED LIGHTING AND OTHER CONDITIONS THAT SIMPLY DO NOT EXIST DURING A ROAD SIDE ENVIRONMENT.

• THE POLICE TESTED YOU WITH FST WHILE IGNORING THE FACT THAT YOU WERE AN INAPPROPRIATE CANDIDATE FOR ROADSIDE TESTING UNDER NHTSA STANDARDS. SOME ISSUES THAT MAY CAUSE A PERSON TO BE AN UNFAVORABLE CANDIDATE FOR THE TEST INCLUDE BUT ARE NOT LIMITED TO WEIGHT RESTRICTIONS, MEDICAL IMPAIRMENTS, AGE, AND MANY OTHER FACTORS THAT MAY CONTRIBUTE TO POOR RESULTS. • FIELD SOBRIETY TESTS NOT RECOGNIZED BY NHTSA ARE INVALID.

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

• YOU REFUSED TO SUBMIT TO THE FIELD SOBRIETY TESTS. THE POLICE THEN REPORTED YOU REFUSED BECAUSE YOU FEARED YOU WOULD DO POORLY BECAUSE YOU WERE IMPAIRED BY DRUGS OR ALCOHOL.

• YOU DID POORLY ON THE TESTS BECAUSE YOU WERE BEING MISTREATED, ABUSED OR FELT INTIMIDATED BY THE POLICE.

• THE POLICE UNTRUTHFULLY ADVISED YOU, THAT THE FST WAS MANDATORY OR REQUIRE BY LAW. These are just a few arguments of many that an AZ DUI Attorney can use to challenge Field Sobriety Test results that lead to your Gilbert DUI charges. You should consult a good Gilbert DUI attorney who defends DUI cases frequently. The proper training, education, litigation and defense experience, are needed to properly challenge these issues. FST is just one of many aspects of your DUI that can be challenged in an effort for your Attorney to fight to get your Gilbert DUI dismissed, charges reduced, evidence suppressed or the otherwise best possible outcome in your case.

If you have been charged with any Gilbert Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona Criminal Defense and Gilbert DUI Defense Attorney and James Novak (Former Prosecutor).

more The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix, Tempe, Scottsdale, Chandler, Mesa Gilbert Arizona and surrounding areas valley-wide.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

If you were arrested for a Gilbert DUI, you should immediately consult an AZ DUI Lawyer who defends Gilbert DUI charges in the Gilbert Courts on a regular basis. Your Gilbert DUI Attorney will ask you some important questions. One of the first questions a good AZ DUI attorney will ask you is “Why did the Gilbert police claim they pulled you over for the stop? Although that may sound like an irrelevant question, the answer is imperative to your defense. In fact, it could just lead to a possible complete dismissal of your Gilbert DUI charges.

The United States Supreme Court has held that the police or law enforcement entity must have a “reasonable suspicion” that a crime or traffic offense has been committed or is in progress in order to stop a vehicle. (This does not apply to DUI Sobriety Checkpoint Stops, which require an advanced mathematical formula decided by City or County Officials or the Police Department Management as to which vehicles to stop).

“If your Gilbert DUI stop was found to be illegal, there is strong possibility it will lead to your Gilbert DUI charges being dismissed.”

If the officer did not have a valid “reasonable suspicion” as described above, then the remedy in negotiations with the prosecution may call for a dismissal of the DUI charges. An officer cannot legally stop a driver unless they can substantiate a specific and just cause to believe there has been a traffic infraction or other violation of law. For example weaving within one’s own traffic lane for a short distance or making a wide turn, is not generally unlawful and should not justification for a Police Officer to stop you for suspicion of Drunk Driving in or Drug DUI in Gilbert. These types of driving actions are commonly seen in unimpaired drivers.

If the Gilbert DUI stop by the police was illegal then your Gilbert DUI Attorney will go through the proper channels, argue the defense, and file the appropriate motions to have your DUI charges dismissed. The police officer works closely with the prosecution, to justify that their actions of stopping the vehicle are convincing that “reasonable suspicion” existed for the stopped. If the Prosecution and your Gilbert Defense Attorney are unable to reach an agreement, finally, it will be up to the judge to decide if the stop was truly meritless. In some cases charges can be reduced or evidence suppressed. But at the evidentiary hearing, when your Attorney discusses the weaknesses in the prosecutions cases, they are much more likely to negotiate in your favor for the best possible outcome.

The best outcome of course is that if the prosecution agrees or judge decides that your Gilbert DUI stop was found to be illegal, there is strong possibility it will lead to your Gilbert DUI charges being dismissed. To learn more about the many DUI Defenses that can be used to get your case dismissed, charges reduced, or evidence suppressed visit WWW.arizonacriminaldefenselawyer.com. Here you can download free “Arizona Winning DUI Defense Strategies” © books written by winning defense Attorney James Novak, which includes “101 AZ DUI Defenses” ©.

If you have been charged with any Gilbert AZ DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI wit child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Drug DUI, or any other criminal charge including theft, assaults, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor). The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Gilbert, Phoenix, Tempe, Chandler, Scottsdale, Mesa, and surrounding areas valley-wide within Maricopa County Arizona.

more This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

Gilbert DUI Laws

Arizona Extreme DUI Laws “Article 3 Driving Under the Influence 28-1382. Driving or actual physical control while under the extreme influence of intoxicating liquor; trial by jury; sentencing; classification A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle: 1. 0.15 or more but less than 0.20. {Extreme DUI} 2. 0.20 or more. {Super Extreme DUI} (Cited in Part from Arizona State Legislature Website)

Gilbert DUI Defense Options (first offense Extreme DUI): The fact that you were charged with a crime does not make you guilty. A charge is not a conviction. It simply means that at the time of the arrest, the police felt they had “probable cause” do charge you with a Gilbert DUI or Gilbert Extreme DUI. An experienced Gilbert DUI Attorney may be able to challenge that evidence and disprove that cause, along with the use of other defenses. Sometimes all your DUI Attorney needs is one good defense. If you have received a Gilbert AZ extreme DUI here are your options: A. Plead “guilty”. You could face (for first offense) minimum 30 days jail and up to 6 months; have your vehicle impounded; be required to use an Ignition interlock device on your automobile; have your driver’s license suspended up to 90 days, be required to attend alcohol or drug treatment program; be put on probation; be subject to court ordered fines, fees, or restitution depending on your case. A second DUI or third DUI or more carry devastating punishments including extended jail and prison sentences for convictions. B. Ignore it. If you fail to appear for your court date on the required time and day scheduled, a warrant for your arrest will be issued by the court. C. Show up to court unrepresented by a good private practice AZ criminal defense or AZ DUI Attorney. This is risky and dangerous, and not recommended by most criminal defense or DUI lawyers. The results can lead you to a conviction fast. The prosecution knows the court’s protocol, how to argue your case, how to get you to incriminate you, and allow you to incriminate yourself, and how to make their case against you stronger. They will ignore any weaknesses, flaws, or any violations of your rights. D. Hire a reputable and experienced DUI attorney who defends extreme DUI cases often in Gilbert Court often. A good AZ criminal defense or DUI lawyer who defends cases frequently in Gilbert will know the system, the judges, the prosecution, protocol and most importantly what defenses can be used to negotiate a DUI charge dismissal, or reduction, and get the best possible outcome in your case.

There are many Arizona DUI defenses that can be used, and evidentiary issues that can be challenged to accomplish this. A good Gilbert DUI Attorney will examine evidence, overturn every stone, determine if there were any violations of your constitutional rights, verify the reason for the DUI stop, “probable cause” police used to justify your arrest, and many more factors. There are factors that may seem irrelevant to you, but a good DUI Attorney may see it as a passage way to a dismissal or other favorable outcome in your case. You will not get such benefits or evidence challenged without a good private practice Gilbert, AZ Criminal or DUI attorney. Your chances of getting an Extreme DUI charge can be reduced or dismissed increase drastically with the defense of a good Gilbert Criminal Defense or DUI Lawyer.

If you have been charged with any Gilbert Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Gilbert, Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

more The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Scottsdale, Gilbert, Chandler, Mesa, Tempe, Phoenix, Arizona , and surrounding areas valley-wide. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

“Here is just a small sample of 10 Defenses your Gilbert DUI Attorney fighting your Gilbert AZ DUI charges may use…”

Gilbert Arizona has a well known reputation for being one of the most aggressive cities in Arizona for DUI stops, DUI arrests and DUI prosecutions. Arizona DUI Defenses exist that the best DUI Attorneys who defend cases regularly in Gilbert can use to challenge your Gilbert DUI Charges, in an effort to get your case dismissed or brought down to less serious charges. There are countless defenses that can be used depending on you’re the circumstances surrounding your Gilbert AZ DUI charges. Many of these are used by winning defense and trial Attorney James Novak, AZ DUI defense Attorney and author of three “Arizona Winning Defense Strategies Books ©” one of which is entitled “101 DUI AZ Winning Defense Strategies” © Book.

Note to reader: Abridged versions of all three AZ criminal defense and DUI defense books can be downloaded free of charge to the public simply by visiting www.arizonacriminaldefenselawyer.com. Here is just a small sample of 10 defenses that your Gilbert DUI Attorney fighting your Gilbert AZ DUI charges may use in an attempt to get your case dismissed, charges reduced or otherwise best possible outcome on your Gilbert AZ DUI Case.

1. Were You Actually Driving or in Physical Control of the Vehicle? Arizona Prosecution must prove that you were driving or in actual physical control of a vehicle while impaired. The state may be unable to meet this burden of proof, if there were no witnesses to testify. Most recently, Arizona case law surfaced causing this factor to be stricter when it was determined that the defendant was found to have had the “Potential” to be in actual physical control of the vehicle. However, that does not stop your private practice DUI defense Attorney from challenging the evidence surrounding your Gilbert AZ DUI. Each case has its own set of circumstances. . 2. Did The Police Have Reasonable Suspicion to Stop Your Vehicle in the First Place? A police stop is unlawful if there was no reasonable suspicion for the police to make a stop of a driver. So if the officer lacked a valid reason for the traffic stop, any evidence of a Gilbert DUI resulting from an unconstitutional stop by the police must be suppressed, and may not be used to try to convict you. 3. Did the Police have “Probable Cause” to Arrest You? “Probable cause to arrest” is a much higher standard than “reasonable cause to stop”. The officer can’t arrest at a whim without probable cause and means valid evidence. The Police must have valid and reliable information which would lead a reasonable person to conclude that the person is drunk driving in Gilbert, AZ, driving under the influence of drugs for Gilbert Drug DUI, other toxic substance in addition to or absence of alcohol at time of the Gilbert DUI arrest. Otherwise the Gilbert arrest is unlawful, evidence dismissed or case completely dismissed depending on the circumstances and what can be negotiated with the prosecution and your Gilbert Defense Attorney due to that significant weakness in the prosecutor’s case. 4. Where the Field Sobriety Tests (FST’) Administered Properly? The National Highway Traffic Safety Administration (NHTSA) has established procedures, protocol and guidelines regarding the administration of Field Sobriety Test. The FST must be a recognized, credible, accurate test conducted by approved and properly trained and certified police officers. If violations exist, FST results can be suppressed, or an argument can be made to challenge the charges completely in an effort to get the case dismissed.

5. Were You Denied The Right to Contact Defense Attorney? When a person arrested for Gilbert DUI, and requests a lawyer, the police must provide an opportunity as early as possible. You must be given the opportunity to speak with an attorney either telephonically or in person when it becomes reasonably possible. You have a right to defense counsel, which is inherent in the constitution. Absent a valid and understandable reason as to why you were denied this right, an argument can by made by your attorney for suppression of all evidence to the point your right was honored, or a total dismissal of your Gilbert DUI charges. . 6. Where Your Miranda Rights Read to You at the Appropriate Time? The lack of the reading of your Miranda Warning, or when the Miranda Rights rights were read to you, may lead to suppression of evidence, or dismissal of charges, depending largely on the facts. 7. Were Your Breath Test Results Unreliable or Inaccurate due to machine error or malfunction or fault of the officer conducting the test? In order for breathalyzer test evidenced to be valid, guidelines and protocol must be followed. Some factors that are typically challenged by AZ DUI defense Attorneys Are the type of device used; preliminary or official breath test results were too far apart; maintenance or recent repairs of the device were required; existence of records that the device was in working order do not exist, and credentials of the officer administering the test.

8. Retrograde an Issue? In more simple words, this is just a method which compensates for alcohol consumed shortly before driving that could read higher at the time of the test than at the time of driving. Typically, most people require between 30 minutes and a differing number of hours to absorb alcohol in their system. This is a challenging defense and argument to make. Only the most experienced AZ DUI attorneys recognize this as a possible issue in your case and have the training and skills to challenge it. Many jurisdiction in the country, do not even allow the evidence or argument to be admitted. 9. Were the Blood Alcohol Testing (BAC) & Urine Test valid and reliable? Results of blood alcohol testing are admissible only if the State can establish the blood was drawn by qualified personnel, proper protocol and scientific analysis used. Your Gilbert, AZ DUI Lawyer can also challenge issues surrounding the test administration, labeling of specimen, handling and storage, proof that the specimens and test results were actually yours, and other evidence and other protocol. .

10. Were You Denied an Independent Blood or Urine Test? You have the right to due process to collect independent, scientific or other evidence that may be in your best interest regarding blood alcohol concentration (BAC). The State may not unreasonably interfere or deny this right. If necessary, your DUI Attorney defending your Gilbert, AZ DUI charges can even have the specimens retested by an independent lab which may lead to suppression of the evidence depending on issues surrounding lab results.

In summary, it is important to know that many defenses exist an can be used to Get your DUI charges dismissed. But the Gilbert DUI Prosecution will not help you. They don’t want to hear about the weaknesses in the case, or your story, from you. Their job is to convict you, regardless of how polite or kind they may be to you. They turn the other way and ignore any evidence or weaknesses in their case it will help you get better outcome and if you are not represented by a private practice good Gilbert DUI Lawyer. It is very dangerous to go without representation on any Arizona DUI case. The best Arizona DUI attorneys will over turn every stone to look for flaws or weaknesses in the prosecutions case to challenge, and fight to get your case dismissed, reduced to lesser charges, or the best possible outcome in your case.

If you have been charged with any Gilbert Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Gilbert DUI, Gilbert Drug DUI, or any other criminal charge including theft, assaults, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Gilbert criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

more The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Gilbert, Scottsdale, Mesa, Chandler, Gilbert, Tempe, or surrounding areas valley-wide in Maricopa County Arizona.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.