Articles Tagged with Chandler

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When the primary DUI evidence is found to be inaccurate, this often leads to dismissal of charges.

People often ask “Which is more reliable, a DUI blood test or breath test?”   But the fact is, that inaccuracies can result from both types of testing.   In an effort to increase the accuracies of testing,  rules and methods are in place in Arizona, with regard to administering the DUI Breath Tests.   But despite these laws,  all tests are subject to human errors in administration and equipment errors.

These rules include creating, and maintaining quality assurance programs.  The program requires that breath test machines to be calibrated and regularly checked to make sure they are functioning properly, and reading within certain blood alcohol concentration ( BAC) accuracy limits.   Regular maintenance and calibration checks must also following guidelines such as be completed about a month apart. More comprehensive quality check-ups must be completed about every 3 months.   Other procedures include making sure the breath test operators are properly trained and licensed to administer the breath tests.

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An individual has rights afforded to them by the U.S. Constitution; the Arizona State Constitution; Arizona Laws; and Procedural, Protocol and Criminal Court rights, and basic Civil Human Rights.

Your Rights at a DUI Stop in Chandler, AZ

  • You have the right not to be  pulled over for a traffic stop unless police have reasonable suspension that a violation of the law has occurred or is in progress;
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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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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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Defending Domestic Violence Charges – Misdemeanor and Felony

Common defenses for Misdemeanor Domestic Violence and  Felony Domestic Violence charges are basically the same.  However, since Felony Domestic Violence charges carry prison sentencing, (Misdemeanors do not)  the level of defense that is most critical, if a person is convicted, is the sentencing phase.  Since prison terms apply and prison terms can be lengthy,  the best criminal defense attorneys will tenaciously look for mitigating factors to present that will reduce the prison sentencing terms.  Depending on the circumstances in some cases, the defense attorney may be able to get the charges reduced to Misdemeanor, so that prison sentences may not apply and be avoided completely.

10 Defenses for Felony/Aggravated Domestic Violence Charge 

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An arrest is not a conviction. You should always invoke your right legal representation for your charges. Here are a few of your initial rights following an arrest in Chandler, you should preserve in your defense:

  • Advise the arresting officer that you with to invoke your right to remain silent following your arrest, if you are questioned or interrogated about the criminal charges, until your attorney is present;
  • Plead “Not Guilty”. It is best to allow your attorney to enter this plea for you;
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“If you retain legal representation early enough, your attorney may be able to keep your Misdemeanor charges from being elevated to a Felony. In some cases, your attorney can help to prevent criminal charges from being brought at all.”

Arrested for DUI or other Crime in Chandler AZ  

If you were arrested for a DUI or criminal charges in Chandler, and you are not sure if they are  misdemeanor or felony charges,  you should contact a criminal defense attorney. You can discuss the events that have taken place; documents received; and your concerns. They will be able to provide you with insight concerning your charges and potential defense options.

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