September 24, 2013

Do You Need DUI Lawyer?

By Jesse Shawn -

It may seem to people that hiring a lawyer for DUI is something that is very trivial and does not require too much importance or attention. The reality is very different. To be convicted of the crime of DUI is something that is very serious indeed. IT is quite possible that the individuals who are guilty under this are liable to be charged astronomical amounts and then may be put under various restrictions and if the charges are found to be serious enough they might even be put in to do some jail time. One would want to avoid these circumstances and thus they should be in a position to be able to defend themselves from undue problems. The best thing that one can do under these situations is to hire a good dui lawyer who has had many years of experience in this and then lets him fight out the case to ensure that you are not booked under the wrong laws and that you will be given the least possible sentence. This will ensure that the outcome will be dramatically different from what would have been without him helping.

The central point of the whole argument is whether a lawyer can prove that you are not guilty of the crime in the first place. The lawyer needs to know everything to be able to try to prove that you are not guilty of any crime. There are countless ways to prove that a person is not guilty in the first place. The police might have made a mistake and not told you about your rights beforehand or maybe the calibration of the instrument which was used to test your alcohol level was not done properly. All these things are extremely hard to prove and it is actually based on case to case. There have been situations where the lawyers have managed to do so and this is something that every individual should hope for.

You might be under a delusion that you may not need to hire a lawyer at all. But think about it, a lawyer will be able to provide the necessary information about the case and thus provide you with something that might actually make the case stronger for you. This will reduce the risk that you are facing of getting into the worst possible scenario of getting heavily fined and jailed. In case you drive for commercial purposes then it is even more important for you to have a clean slate as there might be a ban imposed upon you and then you will be in a position where you are not allowed doing your livelihood and not be able to drive.

There are some fixed steps to be followed here. Find out the evidence against you and see if there exists any way to prove that these charges are not true. The lawyer will be able to find out the exact proceeding that he must enforce to help you and try to plea for a punishment reduction. A dui lawyer is very essential in these cases.

Jesse Shawn is a Las Vegas based professional Garrett T. Ogata Las Vegas and write contents about criminal defense attorney Expertise in DUI Defense and other subjects related to law and order.

Article Source:



DUI Attorneys – Criminal Defense For Driving Under the Influence

By Kay Zeeh -

If you’ve been pulled over by the police for a DUI, you have a hard road ahead of you. Driving under the influence, or DUI, demands immediate action on your part to ensure that your license will not be suspended or revoked and you don’t end up spending a lot of time in jail.

Why hire a DUI criminal defense attorney? In a number of states, including Arizona, a DUI charge generates two individual cases. The primary case is filed with the Department of Motor Vehicles, while the other case filed in criminal court. Since criminal defense lawyers have sparred in court with the same prosecutors on many occasions, they are familiar with the strategy the opposing lawyers will be using and know how to defend you.

When a DUI lawyer takes on your case, you’ll be asked exactly what occurred from the moment you were pulled over. After you give your account of what happened, they’ll explain what’s going to happen, including what will take place if the case goes to trial. Your attorney will review the police report, interview witnesses and examine the evidence. Given that it is tough to manage and review the whole thing on their own, they often have their office paralegals assist them.

You will have to go to criminal court within ten days from the date of the arrest. You will be requested to enter a plea of ‘guilty’ or ‘not guilty’. Odds are, your criminal defense attorney will tell you to plead ‘not guilty’ to the charges. This will give him time to review the details of your case so your defense can be established.

You attorney has tactics that he’ll use to help you get out of a DUI. He may, for example, argue lack of probable cause for the initial stop. If this strategy works, your attorney will then submit a petition to suppress any evidence that the police officer obtained when you were pulled over.

Your lawyer may also dispute the BAC results and claim they are unreliable. BAC stands for the Blood Alcohol Content test that is used by police to see if an individual’s blood alcohol level has reached or passed the maximum limit. The results could be considered faulty if your attorney can prove that the equipment has not been appropriately maintained or the test wasn’t correctly administered. If you have a health condition that could affect the reliability of the BAC test, your lawyer will pursue that avenue.

Your attorney will also question the police officers and attempt to prove there are inconsistencies in their testimony compared with the police report they filed. If he can cast doubt on the credibility of the arresting officers, you could get a ‘not guilty’ decision.

If the arresting officers processed you properly, and things are not working in your favor, then your DUI lawyer may recommend that you accept a plea agreement. However, if you don’t want to negotiate, you can choose to go to court. If you’re defeated in court, you can attempt to appeal the verdict.

Keep in mind that if you’re convicted of a DUI, you can expect huge fines and jail time. All of that is in addition to a huge increase in your car insurance rates, limitations on future employment opportunities, and a permanent felony record. So using the services of a criminal defense attorney is really the only logical approach to defending yourself if you get arrested for driving under the influence of alcohol.

If you’ve been pulled over for a DUI charge in Arizona, call the Petersen Johnson Law Firm in Phoenix as soon as you can. Experienced Arizona DUI attorneys, they will defend your rights in court, and may be able to get the charges dropped. Visit the website at

Article Source:—Criminal-Defense-For-Driving-Under-the-Influence&id=3829969



Arizona DUI Extreme Vs Super Extreme DUI Fines – Incarceration and Other Penalties

By James Novak

Arizona has many different levels of DUI charges including “Extreme DUI” and “Super Extreme DUI.” Both of these Arizona DUI offenses are higher charges in relation to the range penalties associated with an Arizona Misdemeanor DUI offense. These or any DUI, for that matter in Arizona are very serious offenses.

First a word of caution…you should think twice before you decide to defend your DUI charges on your own. Arizona has the toughest DUI laws in the country and they are constantly changing. You should consult a well versed, experienced Arizona DUI Defense Attorney to defend your DUI charges. Currently the following explains differences between penalties including fines, fees, incarceration and other punishments associated with the two:

Arizona Extreme DUI

Getting charged with an extreme DUI in Phoenix or anywhere in Arizona you will face charges if your blood alcohol concentration (BAC) is 0.15% or greater. At this point, the driver’s ability to safely operate a vehicle is severely compromised.

A first time Arizona Extreme is punishable by:

  •  A 90-day driver’s license suspension
  • Up to 5 years probation
  •  30 to 180 days in jail
  •  Fines and fees
  •  Mandatory participation in an alcohol treatment program
  •  Installation of an ignition interlock device in any car that you drive

A second Arizona Extreme conviction will result in even greater penalties, including:

  •  A 1-year driver’s license revocation
  •  Up to 5 years probation
  •  60 days jail, 280 days total
  •  Fines and fees
  •  Mandatory participation in an alcohol treatment program
  •  Installation of an ignition interlock device in any car that you drive

Arizona Super Extreme DUI

In Arizona you will get a Super Extreme charge if you are found operating a vehicle with a BAC level of 0.20% or greater. This is the most serious misdemeanor Arizona DUI. A conviction results in much higher penalties, including:

  •  Driver’s license suspension/revocation
  •  Up to 5 years probation
  • 45 days to 180 days in jail
  •  Fines and fees
  •  Mandatory participation in an alcohol treatment program
  •  Installation of an ignition interlock device for 18 months

If you have received a second Super Extreme, the penalties will be even greater including a mandatory 180 days in jail.

Contact a Phoenix DUI Attorney If you have been charged with an Arizona Extreme DUI or Arizona Super Extreme DUI in Phoenix or any of the surrounding areas in including your Tempe DUI, Scottsdale DUI, Chandler DUI, Gilbert DUI, or Mesa DUI, call today to speak with an Arizona DUI attorney immediately. You will need an experienced Phoenix DUI lawyer, like James Novak, from the Law Office of James Novak to defend you against your Phoenix Arizona DUI charges. James Novak will fight to protect your future and your freedom! For your FREE Consultation, contact James Novak today at (480) 413-1499!

James Novak, Attorney at Law
Law Office of James Novak
Arizona Criminal & DUI Defense Firm

Article Source:—Incarceration-and-Other-Penalties&id=3802381



Hundreds of DUI Convictions in Doubt: Inaccurate Breathalyzers

In most drunk driving cases, by far the most important evidence comes from a breath test.


Uninsured drivers are prevalent throughout the country, and their number is expected to increase due to the current economic situation.

Another DUI Exception to the Constitution

I’ve mentioned in past posts that the right to jury trial does not exist in some states for citizens accused of drunk driving.

Another DUI Exception to the Constitution

I’ve mentioned in past posts that the right to jury trial does not exist in some states for citizens accused of drunk driving.


Kim Forde-Mazrui, a law professor at the University of Virginia, argues in the Vanderbilt Law Review that our state’s legal system needs to be reformed to give constitutional protection to motorists.


Tragedy happened today in Louisville, Kentucky when a Dodge Challenger on a test drive from Commonwealth Dodge was involved in a fatal crash with a Mercury Sable.


If you were struck by a reckless truck driver, you would no doubt want to pursue a case against the trucker that hit you. But if someone you love was was involved in a Texas truck crash, they may be unable to seek damages themselves.

However, your relative can still get compensation for his suffering. Victims who are unable to speak because they are in a state of altered consciousness may have relatives seek compensation on their behalf.