Hiring an attorney at My AZ Lawyers, PLLC, will ensure that you have the best representation possible. Don’t despair! Tell your concerns to an experienced Arizona DUI attorney at My AZ Lawyers who will protect your rights and DEFEND your case!
Listed below are some factors that need to be taken into consideration when putting together a defense to beat an Arizona DUI charge:
- An illegal vehicle stop: An officer must have a reasonable basis on which he/she believes a traffic law or other law has been violated. A person cannot be seized unless a violation has happened. A police officer must have specific and articulable facts to support any arrest for DUI, or the suspension will be reversed and the evidence suppressed at trial
- Your car is weaving down the road: A vehicle cannot be stopped or weaving inside the lanes. That is not a law violation.
- Citizen report of a drunk driver on the road: A vehicle cannot be stopped solely based on an anonymous citizen report of a drunk driver.
- Inaccurate breath test: an expert would argue that one breath test is unreliable and subject to inaccuracies because of too many variables. Other problems that may make a breath test result inadmissible: Breath test operator is unlicensed or license is expired, breathalyzer mating malfunctions, Breath Test device not approved, or a portable great testing device was used or improperly administered. Some substances consumed / used by accused affect the breath test results.
- Squad car videos or Booking room videos: often times the suspect’s driving is recorded, and sometimes contradicts what the officer testifies. Sometimes a suspect’s speech and actions are clear and balanced, contrary to police statements.
- Field Sobriety tests – inaccurate: walk-and-turn, one-leg stand… persons that are overweight, elderly, have injuries or medical conditions can not be judged accurately by these tests. Also, some “old-school” tests such as touching your finger to your nose or counting backwards are considered valid sobriety tests. Field sobriety tests must be properly administered.
- Blood test inaccuracies: Sometimes the blood testing fails to follow proper procedure and rules of testing or analyzing.
- Proving the offense: A defendant what admits to driving, does not admit to driving while under the influence.
- Stating your rights: Police officers need to properly issue Miranda Warnings.
- An officer’s credibility: a prior disciplinary record of an officer may show credibility issues.
- A personal witness testimony: witnesses to accidents, hospital personnel, even bartenders can provide important evidence of the defendant’s sobriety.
- Defendant’s medical history: medical conditions can affect both a field sobriety test and the validity of the breath test results.
- Bad weather, illegal search by police, lack of probable cause to arrest, inconsistent statements by officers, and, frankly several other factors come into play as you visit your options for a defense against a DUI charge.
Now does it make sense to hire a My AZ Lawyer attorney experienced in Arizona DUI law and cases?
Contact My AZ Lawyers for a FREE CASE EVALUATION
My AZ Lawyers, PLLC “AFFORDABLE LEGAL HELP FOR AZ”
Rob Curigliano, Expert CRIMINAL DEFENSE AND DUI attorneys
1731 W. Baseline Road, Suite 100
Mesa, AZ 85202
Office: (480) 833-800