A “mistake of fact” is a common justification defense used to challenge criminal charges. It means that a violation of the law occurred, but only as a result of a mistaken fact. For example, let’s say a person is on a business, and must rent a vehicle. They then have…
Arizona DUI & Criminal Defense Attorney Blog
Defending DUI Charges: 10 Challenges to DUI Blood Test Evidence
DUI Arrest Based on Blood Results in Chandler AZ If the police suspect a motorist is impaired due to drugs, or a suspect refuses to allow the police to conduct a breath test, they will get a warrant to proceed with Drug DUI blood test. If the test results are positive…
How to Request Your DUI or Criminal Incident Police Report in Scottsdale
To obtain a copy of your Scottsdale DUI or criminal incident police report contact the Scottsdale Public Safety Records Department. You can mail your request and required payment for the police report to the following address: Scottsdale Public Safety Records Dept. 8401 E. Indian School Road Scottsdale, AZ 85251 Scottsdale…
Criminal Defense Strategies: Motion to Suppress Evidence
Motions to Suppress Evidence in DUI or Criminal Charges Gilbert AZ The Arizona Rules of Procedure for criminal cases governs the procedures and protocol for processing DUI & criminal cases. If retained, your attorney will review your case to determine if any of your rights were violated and what defenses may…
7 Things You Should Know About Consultations for DUI or Criminal Charges
You should never plead guilty to DUI or criminal charges before consulting a qualified criminal defense attorney. They will provide you with valuable information concerning your charges as well as your options for legal representation and defense. A majority of criminal defense firms offer free consultation for recent and active…
Aggravated DUI Charges with Child Under Age 15 in Vehicle in Gilbert AZ
Aggravated DUI: Alcohol or Drug Dui with a Passenger Under Age 15 in the Vehicle Elevates a DUI to Felony If a person is arrested for any type of DUI with a passenger underage 15 in the vehicle, the charges will be elevated from a Misdemeanor to Felony (Aggravated) Class…
DUI Charges: Why You Need Legal Representation in Municipal Court
Why You Need Legal Representation in Chandler City Court If you were arrested for a DUI in Chandler or other criminal charges, you are most likely required to appear in Chandler Municipal Court. It is never a good idea to go to criminal court without proper legal representation. Currently all Arizona…
Pre-trial Motions: Effective Pretrial Motions Can Lead to a Dismissal of Dui or Criminal Charges
“Never underestimate the power of an effective pre-trial motion.” Pre-trial Motions Defined Rule 16 of the Arizona Rules of Criminal Procedure governs Pre-trial motion practices for both the prosecution and defense in DUI or criminal case. They take place following the defendant’s arraignment and prior to trial, and set limits or…
Defense Strategies for Motions to Dismiss DUI/DWI Charges
Motions to Dismiss Under Arizona Rules of Procedure, which govern criminal cases, your defense attorney may be able to file a motion your DUI or criminal charges based on facts surrounding your case. In order for the presiding judge to grant a dismissal, the request must be make in writing, it…
DUI Field Sobriety Tests (FST): Why and How to Refuse FSTs Whether You Are Impaired or Not
Standard Field Sobriety Test v. Field Sobriety Test Field Sobriety Tests in Arizona are a battery of preliminary roadside test that police use to screen impaired drivers. The National Highway Traffic Safety Administration (NHTSA) has only three approved roadside tests referred to as Standard Field Sobriety Tests (SFST)s which are…