Archive for April, 2011
Bill would limit right to jury trial for DUI defendants
A bill approved by the Arizona Legislature would end the flat right that misdemeanor DUI defendants now have under state law to a jury trial for a first offense.
Published Apr 22, 2011.
Read more: East Valley Tribune
How To Fight Your Dui And Win!
Every State is unique in how it handles DUIs. If you have been charged with a DUI of any kind be sure you hire an experienced DUI Attorney that understanding the laws and and court processes in your state. Any DUI is a serious offense. For example, if you were charged with a DUI in the state of Illinois, but you live in Arizona, you would need to hire a Criminal or DUI attorney who practices in the state of Illinois, not Arizona (unless they have a liscense to practice in Illinois).
You should know there are many attorneys who practice minimally in many areas of law. You sometimes hear them called “General Practice Attorneys” or “Family Attorneys”. The fact is that DUI laws and penalties are constantly changing. You should strongly consider hiring an experienced DUI attorney who handles DUIs on a regular basis. This would be an Attorney who practices in Criminal Defense or DUI Defense law. Particularly, the state of Arizona has some of the toughest DUI laws and penalties in the USA.
The Arizona DUI Laws concerning Arizona drunk drivinghave changed dramatically over the years. A person arrested today in an Arizona DUI for driving under the influence of alcohol and/or drugs (DUI – DWI) is facing punishment that may include a fine, loss of drivers’ license, counseling, and jail . . . punishment can be more severe if you are charged with a Arizona felony DUI case. There area many aspects of the case that will and can effect the outcome. All the evidence must be examined, including reason for the stop, method of testing, test results, officers credentials training, and experience in operating the testing equipment, events that take place during the stop, how much over the legal limit or extreme limit the results were found to be, blood test procedural handling that took place after the fact, determining if your rights were violated in anyway during the stop, and much much more. Just because the Police Officer arrests you and you are charged with a DUI at that time and place does not mean you have to stand in line and accept the maximum penalties and fines which may be severe and devastating to you, your family, your driver’s license, your job, your future, and your freedom.
In many cases the DUI charges can be dismissed completely. Or in the alternative reduced from felonies to misdemeanors, or reduced to routine traffic violations as a result of challenging some of the issues and factors listed above. Plea Bargains can be negotiated with a much more favorable outcome that what the prosecution originally asked for, or what a jury trial may have decided.
In the state of Arizona, only about 2% to 3% of cases ever go to trial. Be cautious of Criminal or DUI Attorneys who charge you “globally” for legal services that they claim includes a trial fee. Those fees will typically be higher. And if you do not have a trial, they keep the money. Knowing the statistics are only at 2% to 3% average, the odds are 97% to 98% in your favor that there will be no trial.
For more information about Arizona DUI Defense go to http://www.azduilaws.com, where you will find useful text, and multiple DUI videos related to arrests, evidence, court procedure, new laws, new penalties, defenses, breath testing, blood testing and retesting, and more. All DUI eductational videos are free to the public for viewing.
Originally published here.
J Novak
Arizona DUI/Traffic Practices 2006
As the number of trafficking and impaired driving offenses continues to escalate, it is important for practitioners to understand the current and evolving legal framework related to these offenses. This manual provides detailed instruction regarding effective trial techniques. The manual also examines current and evolving legislation.