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

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

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

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

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

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1) No Arizona Attorney governing entities dictate how much a Criminal or DUI Attorney can charge. (Unless you are covered under and using a pre-paid legal program through your employer or pre-paid legal service). As a result you may get quotes all over the board for the same charges, just different attorneys. One may quote you $1000.00 and the other $8,000.00 to give you the same competent legal representation.

2) The more competition that exists in the jurisdiction or geographical area, the better your chance of finding a good, experienced DUI defense attorney who is affordable too. In order to gain an edge over their competitors, like any other service or product, a DUI or criminal attorney or law firm may reduce their prices.

3) Generally, an attorney’s fees are not reflection on their competence, experience or the effectiveness of their legal representation. This applies to both lower and higher fees. For example, generally a larger firm with many employees may need to charge higher fees than a sole practitioner or smaller Arizona criminal defense or DUI law firm, because their cost to operate is higher (generally, not always).

4) The Arizona State Bar prohibits Criminal & DUI attorneys from charging on a contingency basis (meaning the practice of charging pending the outcome of the case).

5) You will usually be responsible for any extra costs above the Attorney’s fees for services such as independent expert witness fees, reconstruction engineers, psychological assessments, and independent polygraph testing if they are needed for your defense. You should discuss such services and charges with your attorney before they are incurred.

6) Arizona Criminal & DUI defense lawyers must clearly provide the basis for which they are charging or the rate of the fees to their clients in writing. This is usually done upon retention of the attorney with what is known as a “fee agreement”. You will be required to sign at the time you retain that attorney. Be sure you understand it before you sign. And make sure you keep a copy for yourself before leaving the Attorney’s office.

7) Some law firms charge what may be called a “global fee” that covers everything including pre-trial and trial defense services. However, in Arizona only a small amount of DUI cases ever go to trial in Maricopa County Arizona. Somewhere between 2% to 5% meaning 95% to 98% of all DUI cases are either settled with a plea agreement, or dismissal before trial. You should understand that when you agree to a “global” fee, you are usually not entitled to a refund if your case is settled before a trial is needed. Alternatively, there are other DUI and criminal defense firms who charge a two tier stages. This fee structure is commonly broken into a flat-fee before the DUI case is set for trial and another fee if the DUI case gets set for trial. This way, if your case does not go to trial, you don’t pay it, and the law firm, does not keep money for a service that was not performed.

In sum, you have many choices of which attorney to hire. It boils down to what you are willing to pay, how much time and effort you put in to finding the criminal defense or DUI law firm you feel will get you the best outcome in your case for a fair price you both can agree upon. Generally, attorney fees are negotiable. If you find an attorney you want to hire, but their fees are out of your price range, it never hurts to ask if they are willing to agree upon a price that is more affordable for you.

1) AZ DUI Defense: Consult a DUI Attorney who defends charges in the city and state where you were arrested to discuss your charges, and defense options. Retain an Arizona DUI or criminal defense attorney who defends DUI charges often in that court. The criminal justice system is a maze of laws, procedures, protocols and time lines. Attempting to fight your DUI without a good Arizona DUI defense attorney is almost always a fast track to a conviction or guilty verdict.

2) Write, Type, or Document in some form a Detailed Narrative of the Incident: Your Arizona DUI Defense will depend on these specific facts about your DUI and what took place at the DUI stop including statements by both you and the police officer. Your Attorney will examine all the facts to determine if there is an argument of violation of any of your Constitutional Rights in your defense. Document events who, what, why, where, and when that night or day, what and when you ate, drank, or took any medications or drugs Document weather conditions and landscaping such as large snow drifts blocking a sign, large hail stones slamming on to your windshield and the like. Note, a photo of the scene of the arrest and/or sobriety testing, photo or video of the terrain or landscaping, damage to a vehicle, injury to you or others may be critically important later when the actual evidence has disappeared.

3) Medications and Physical Limitations: Your condition(s) may have impaired your ability to perform the field sobriety tests or could be a reason for the officer’s improper conclusion that your driving was impaired.

4) Arizona DUI Documentation: Include copies for your DUI lawyer of all documents you were given during or after the arrest including citations, and tickets. Also, indicate what documents you told or presented to the police at the time of your arrest or thereafter. Documents belonging to you may contain dates, or evidence that may affect on your charges, and defense.

5) Contact the Arizona MVD If You Want a Hearing: In most cases the Arizona police will take your driver’s license and give you a copy of a notice of suspension and temporary license, unless you had an out-of-state license or the alleged DUI is drug-related instead of alcohol related. You have only 15 days from the date you received the notice, usually the arrest date, to request an MVD hearing. This hearing is also referred to as am Admin Per Se hearing. The MVD hearing and matter is a second civil matter, separate from your criminal charges. So there are two different entities to deal with A) the Arizona State or County Court & Prosecution and B) The Arizona MVD -Motor Vehicle Department.

6) Calendar Your Court Date, Time and Location: If you ignore or forget to appear or are late at your designated court date and time, the Arizona court will immediately issue a warrant for your arrest. The court date and time is on your citation. This may change if you hire an experienced DUI attorney. Depending on the charges and circumstances, your Attorney may be able to vacate that date or otherwise appear on your behalf. 7) Get Your Auto Back If Impounded: Arizona grants authority to law enforcement agencies to impound of the vehicle you were driving for up to 30 days if arrested for DUI, at the expense of the owner or driver. If not, you will need to request an impound hearing. It is an informal hearing, and you do not need an attorney at that hearing. Most are conducted by phone. Therefore, read the impound instructions and request a hearing immediately so that the vehicle can be released from impound.

8) Photograph the Location and Vehicle involved in the Stop or Arrest: Your DUI attorney will explain that photographs of things that the police relied on as a reason for the stop may be challenged if the facts support it. Photograph anything that is related and referenced by the police such as objects that may have been hit or otherwise barriers such as other vehicles, light signals, trees, mechanical items such as failed turn signal lights, brake lights, tail lights, traffic signs or signals, visual barriers such as long branches, trees, large objects, downed electrical lines, covering a 9) Get Proper Insurance, Registration and resolve unpaid fines or tickets: If you were cited for not having insurance or proper registration you must get either and provide proof. If you neglect past problems with your driver’s license it may pile up and become worse with after any DUI conviction or any other points you may receive on the citation such as a reduced charge of reckless driving which carries 8 points against your driving record just like a DUI. You can take control of your criminal or DUI charges now, by hiring a good Arizona DUI lawyer. The police have made up their mind. The Arizona prosecution will be working hard to get You convicted. By doing these things you will enable your Attorney to build a solid defense case on your behalf. An Arizona DUI arrest or other criminal charge in Arizona is not a conviction. You are innocent until and only if you are proven guilty. Everyone makes mistakes. More importantly is how we recover from them, and what we do to get back on our feet to work toward a favorable outcome.

If you were face Mesa DUI charges you should contact a Mesa DUI Attorney or AZ DUI Lawyer who defends Mesa DUI charges in the Mesa Courts frequently. The Criminal Defense or DUI Attorney defending charges in Mesa, AZ will ask you some important questions. If you have consulted an experienced Arizona or Mesa Arizona DUI lawyer one of their first questions will be “Why did the Mesa police claim they pulled you over?” Although that may sound like an insignificant question, the answer is imperative to your defense. In fact, it could just lead to a possible complete dismissal of your Mesa 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 of being committed in order to stop a vehicle. (This does not apply to DUI Sobriety Checkpoint Stops. Those DUI stops are determined in advance by means of a mathematical formula decided by City or County Officials or the Police Department Management for that particular Task Force or DUI Check Point location).

“If your Mesa DUI stop was found to be unlawful, there is strong possibility it could lead to dismissal of your Mesa DUI charges.”

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 Mesa. These types of driving actions are commonly seen in unimpaired drivers.

If the Mesa DUI stop by the police was illegal then your Mesa DUI Attorney will go through the proper channels, argue the defense, and file the appropriate motions to have your DUI charges dismissed. The police work closely with the Mesa prosecutors to justify that their actions of stopping the vehicle and that “reasonable suspicion” existed for the stop. If the Prosecution and your Mesa DUI Lawyer 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. If your Mesa DUI stop was found to be unlawful, there is strong possibility it could lead to dismissal of your Mesa DUI charges.

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 Mesa 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, Mesa, Scottsdale, 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.