James E. Novak
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Tempe Police are warning students returning to ASU to be cognizant of drunk drivers; thefts; and assaults. DUI, drug charges, and thefts, pose the largest threat to victims, and the most criminal arrests to those who are new to the school or unfamiliar with their surroundings and Arizona Laws. Here are a few safety tips that police and criminal defense attorneys want students or those new to the valley to know:

  • DUI safety checkpoints will be planned for Tempe AZ;
  • Driving while “impaired to the slightest degree” due to alcohol or drugs will result in arrest;
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Aggravated Domestic Violence Charges

Aggravated domestic violence is a class 5 Felony in Arizona. “Aggravated” Domestic Violence charges are Misdemeanor charges that are elevated to Felony charges due to the charge being a repeat offense that occurred within 7 years of a prior conviction. A person may be guilty of Aggravated Domestic Violence charges under A.R.S. § 13.3601.02 for a repeat offense of misdemeanor domestic violence Domestic Violence Convictions when:

“A person commits a third or subsequent violation of domestic violence offense within 7 years (eighty four months).”

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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 to use valet parking for their business meeting.  At the end of the day, the valet parking attendant, inadvertently mixes up the keys, and brings you someone else’s white car, same make, model and year.  You drive the car away.  The next morning, you are contacted by police for questioning in the theft of the real owner’s vehicle.  You did not know the valet brought you the wrong vehicle; and you did not intend to permanently deprive” the real owner of their vehicle.

Therefore, in the event of charges brought against the store owner, the “mistake of fact” would be a justifiable defense.

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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 for drug or alcohol and the police had probable cause to believe a person was driving impaired to the slightest degree, an arrest will be made.

A positive DUI drug or alcohol blood test does not mean you will be found guilty. It means a person is may be charged, and that they will have a chance to defend those charges. The best way to do this is to retain legal counsel to represent you. They will examine the evidence to determine if the blood tests results were compromised and if so they will file a motion to suppress the evidence.  Below are 10 common areas of defense related to blood test evidence (List is not all inclusive):

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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

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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 be used in your case. If one or more exist, they will file a “Motion” for the court’s review.

Motions should have justifiable basis and not be frivolous. If there is cause to suppress evidence in your case, legal advocate will file a “Motion to Suppress” certain evidence that the prosecution plans to use against you. The presiding judge may grant suppression of the evidence. In many cases, suppression of material evidence may lead to a dismissal of charges.

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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 charges.

Free Consultations

Here are some things you should know before scheduling a consultation:

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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 6 Felony, in addition to any other Misdemeanor DUI charges brought for the original DUI offense.

ARS § 28-1383 A 3 (a) & (b): Aggravated DUI with Passenger under 15 in vehicle Laws

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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 DUI convictions call for jail sentencing use of interlock device; license suspension; alcohol and drug counseling or treatment; probation; fines, assessments, and other penalties. You should always retain legal counsel, to represent you. They will protect your rights, and defend your charges. The prosecutors are not to help you, make sure you are treated fairly, or get a less harsh sentencing. Even if they know their evidence or case is weak, it is not their job to point it out to you. The judge is there to hear arguments and motions from both sides, not to be your legal advocate.

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“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 boundaries for trial. After a pre-trial motion has been filed, a short hearing will be held with the Judge, prosecutor, and defense attorney. The court will allow both sides to argue their position, and then the judge will rule on it (grant or deny). Trial may not commence until the issue (s) raised in the pre-trial motion are resolved.

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Contact Information
Law Office of James Novak, PLLC
4500 S Lakeshore Dr #352
Tempe, AZ 85282
Phone: (480) 413-1499Text: (602) 908-8123

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