Articles Tagged with Arizona

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Arizona Driver’s License Revocation

Driver’s License revocation is the State of Arizona’s withdrawal of a person’s driving privilege for an indefinite length of time. Revocation of a driver’s license, in most cases, occurs as the result of a serious Gilbert DUI or criminal conviction that involved your driving. For most people who drive, it is an inconvenience or even a hardship. For some, it is more than can be devastating. It may mean loss of job or future job opportunities; and other long term adverse effects on a person’s life and family.

Gilbert DUI Charges & Criminal Convictions that Result in Driver’s License Revocation

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Following an arrest, you will be required to appear in court for an Arraignment.  This is your opportunity to inform the court of how you wish to plea, which dictates the type of criminal processing that takes place from there.   If you wish to obtain legal representation, and defend your charges, you should plead “Not Guilty”. This invokes your rights to a defense and retention of counsel.

Types of Court Pleas  

There are three ways a person can plead in an Arizona criminal court. Each will have a separate outcome in your case:

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Some call the conditions in Sheriff Joe’s controversial Tent city, cruel and inhumane. In the Arizona desert heat during the summer, temperatures inside the sun beaten tents often soar as to 130 degrees Fahrenheit. Some reported temperatures have been reported as high as 150 degrees

Sheriff Joe Arpaio defends his position on the conditions in Tent City. He repeatedly argues that conditions are no worse than the conditions US military service men and women on active duty experience in the Middle East.

One Tent City employee who worked as a cook for the inmates claimed ingredients had often expired, and the kitchen was filled with roaches and rats.

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“Some people mistakenly think that because a drug is synthetic or imitation, that it is legal.”

Law enforcement officials issued 17 search warrants in Maricopa County, as part of a nationwide operation targeting simulated illegal drugs including Cocaine, Meth, Marijuana and synthetic chemicals. The effects of such sales are being called an “epidemic” of the designer drug market.

Raids were conducted targeting manufactures, distributors, retailers, and individuals involved in sales of simulated drugs. Law enforcement in Arizona seized over $3 million in assets; over 3,000 pounds of synthetic Marijuana products and chemicals, and over 700 pounds of bath salts, including related substances, firearms and vehicles used in the illegal operations.

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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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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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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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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

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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:

  1. The Horizontal Gaze Nystagmus (HGN)
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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

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