DUI Charges: 5 Reasons Why You Need Legal Representation

The Law Office of James Novak Team — Sat, 07 Jul 2012 23:59:43 GMT

The Laws in Arizona for DUI are strict, harsh, and frequently changing. If you are unrepresented, you are held to the same standard as an experienced criminal defense attorney. This means you will be held responsible for meeting time lines, filing appropriate motions, challenging your charges with the authority of proper legal citation; representing yourself at hearings; following rules of criminal procedures. Winning cases and losing cases, is often the result of a successful argument or challenge of any of these aspects and the different facets of a DUI.

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!

Aggravated DUI – DWI: Factors that raise a Misdemeanor DUI to a Felony

The Law Office of James Novak Team — Wed, 27 Jun 2012 21:36:24 GMT

“Aggravated DUI” charges are Felony DUI offenses. Misdemeanor DUI charges are elevated to Felonies when specified ‘aggravating” factors under law surround it. One of the most reasons a Misdemeanor DUI is charged as felony is due to repeat DUI offenses. A third DUI charge, with two existing DUI convictions in 84 months or 7 years, will result in Aggravated DUI charges. Aggravating Factors

Aggravated Factors” are those circumstances that elevate a Misdemeanor DUI to a Felony DUI under ARS § 28-1383 and include:

Two prior DUI Conviction from any state in any state within in 7 years;
DUI while driving with a suspended or revoked license;
Drunk driving or driving impaired due to alcohol or drugs, with a minor, age 15 or under, in the vehicle;
DUI with accident that causes serious bodily harm to another person;
DUI manslaughter – When the DUI and Auto accident results in a fatality of another Felony DUI Penalties for 3rd DUI charge with two conviction in 7 years

Felony DUI charges are a class 4 felony. These convictions call for the following penalties under ARS 28 § 1383:

4 months in prison for 3rd DUI conviction/ months in prison for subsequent;
Fine at least $750
Assessment fees $3250.00
Abatement fees
Evaluation Costs
Drug or Alcohol Treatment & Counseling Costs
Probation and associated fees
Driving Privileges may be revoked for up to 3 years
Mandatory Court ordered Ignition Interlock Device (IID) 3 added to your vehicle at your expense, following reinstatement of license
Court ordered drug or alcohol rehab or counseling treatment, and their costs
Mandatory Community Service
Criminal Record to include a Felony
Restitution if an accident or injury was involved
Other penalties may be apply if the Court deems necessary and appropriate

DUI defense attorney Tempe AZ

If you face Tempe DUI charges, you should consult a qualified criminal defense attorney regarding your matter. They will provide you with information concerning your charges, as well as your defense options. Arizona has harsh penalties for DUI charges. It is important that you understand the consequences before “pleading guilty” without proper legal representation. If you wish to invoke your right to retain an attorney on your behalf, you should “Plead Not Guilty” at your Arraignment. If you are not being represented, you must appear for your Arraignment. Failure to appear will result in a bench warrant for Arrest. If you hire legal counsel, they will advise you further regarding the proceedings. If retained your attorney will protect your rights, defend your charges, and work to get the best possible outcome in your case.

DWI sentencing - James Novak

DUI Charges: 5 Reasons Why You Need Legal Representation

Aggravated DUI – DWI: Factors that raise a Misdemeanor DUI to a Felony