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
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.
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:
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
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.
“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.
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 must be justified and supported by Arizona law, legal case citation, or specified constitutional right.
Types of Motions that may lead to dismissal of Chandler DUI charges
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 sponsored and developed to assist police offers in early detection of DUI and DWI suspects. Police officers must be formally trained and accredited to administer the tests. The three standardized tests are:
Tempe AZ Driver’s License Revocation
If your Tempe driver’s license was revoked it means your Arizona driving privileges have been withdrawn indefinitely. Driver’s license revocation usually results from serious DUI or criminal convictions that involved driving a vehicle. For many people, license revocation is more than just an inconvenience. It can be devastating for them and their families. This article provides insight into what types of Tempe DUI or criminal charges have the potential to result in driver’s license revocation in Arizona, and how you can get it reinstated.
Criminal Convictions that Result in Revocation of Driver’s License
Initial Appearance in Tempe City Court
Following a Tempe DUI arrest, you will be taken into police custody. The “Initial Appearance” is a brief hearing usually held within 24 hours of your detention. It is brief hearing and the first time you will appear before the court regarding the matter. The court will inform you of the charges against you. The presiding judge then sets your release conditions, if it is determined that you are eligible.
Release Conditions – What the Judge Considers
Arizona DUI & Criminal Defense Attorney Blog