Click to call 602-307-0808 24/7 Click Here for Free Consultation

Arizona Vehicular Law

What to Do if You’re Charged with DUI, DWI or Extreme DUI in Arizona

If you have been charged with a DUI, DWI or Extreme DUI in Arizona, you’re going to require a skilled DUI attorney. There are many defenses to DUI, DWI, & Extreme DUI charges. If Stopped for DUI, DWI or Extreme DUI in Arizona:

DO:

  • Do Ask to speak with a DUI Lawyer in Arizona immediately!
  • Do show your drivers’ license, registration and proof of insurance.
  • Do ask to be released to obtain an independent blood test from a hospital.
  • Do behave courteously.

 

DON’T:

  • Don’t agree to take a Breath, Blood or Urine test until calling and talking with a DUI Lawyer in Arizona!
  • Don’t answer questions or agree to be videotaped.
  • Don’t take the eye test.
  • Don’t admit anything or take coordination tests.
  • Don’t try to talk your way out or be rude.

*These do’s and don’ts apply to most, but not all situations.

Click here to learn more about possible defenses and/or punishment for a DUI, DWI or Extreme DUI in Arizona.


What to do if You’re Charged with Theft in Arizona

If you have been charged with Theft, you’re going to require a skilled Arizona Theft Attorney.

One of the most often seen defenses to Theft is “Consent”. This will occur when two (2) people have an agreement or an understanding regarding the use of a piece of property, money, or a credit card. Then when the relationship goes bad, one person may simply accuse the Defendant of some type of “Theft”. This is often seen in situations involving roommates, boyfriends and girlfriends, spouses and business partners. Other times “Consent” is seen where one person loans another person money and they are told “pay me back by the 15th, or I will hold on to your motorcycle until you pay me”. The other person then states “no problem”, and when they cannot pay the person back, they are then surprised to see that their motorcycle has actually been taken as collateral. It is important to interview all people who may have been witnesses to the “Consent” in order to demonstrate to the Prosecutor that this is not a true theft.

Theft can carry steep charges that range from simple fines to years of prison time! Visit our website to learn more about possible defenses and/or punishment for a Theft charge.


DUI Attorney and Dealing with the DMV in DUI Cases

A DUI attorney can guide you through the complex process of dealing with the Department of Motor Vehicles in cases involving DUI, DWI and Extreme DUI charges. This article will discuss the process of dealing with the DMV in regards to DUI cases and how a DUI attorney can help you understand this difficult process and assist in guiding you through this process.

Blood and Urine Cases:
If your case involved the taking of blood or urine during your DUI arrest, you will need to wait and see if your results come back above or below a .08%. It usually takes anywhere between one (1) and six (6) months to get your results back. If your blood results are above a .08% the officer will forward a request for suspension to the DMV office.

The DMV office will then notify you with a “Corrective Action Notice” (i.e., notice of suspension). The moment you receive this from the DMV, contact a DUI attorney immediately so they can request a hearing on your behalf. This request needs to be done within fifteen (15) days of the date of that suspension notice. What can be confusing is that the Corrective Action Notice will state that the suspension will not go into effect until twenty (20) days after mailing of the notice. Do not let them fool you with this extra five (5) days; you must request a hearing within the fifteen (15) day period.

If you are pulled over by an officer after a DUI attorney has requested a hearing, you will not have a yellow copy of a temporary driver’s license in your possession. His computer should reveal that they have requested a hearing on your behalf. If he still writes you a ticket for driving on a suspended license, do not panic. Simply bring it to they DUI attorney and they will take care of it. If he arrests you for driving on a suspended license, you can sue the DMV for not imputing the hearing request into the computer (assuming you were not already suspended prior to your DUI, DWI, or Extreme DUI arrest).

Prior to the actual DMV hearing, if you have retained a DUI attorney, they will have you in for a “Pre-DMV consultation”. At this consultation, a DUI attorney will go over the police report with you in detail and discuss whether it will be necessary for you to appear at the hearing or not. The DUI attorney will also discuss various options regarding whether to “Void” the suspension, or whether to actually “Stipulate” to the suspension in order to receive a “Work Permit”. This will also have ramifications nullifying any potential future suspension with regards to the first offense situations which could result from the criminal case. All of this will have to be discussed one-on-one with a DUI attorney.

Insurance – Additional Punishment for DUI, DWI, Extreme DUI
Until DUI, DWI, or Extreme DUI guilt is established, an insurance company should not–although some do–cancel your insurance coverage. If convicted of a DUI, DWI, or Extreme DUI, you will either be unable to get insurance coverage or you will pay roughly $3,000 or more a year, for the next three (3) years, above your current rate.

Some Final Realities on DUI, DWI, Extreme DUI
DUI also includes driving under the influence of drugs. DUI, DWI, & Extreme DUI charges are filed thousands of times every year against people from all walks of life. These charges are serious, but defensible, with assistance from a DUI attorney experienced in DUI, DWI, & Extreme DUI law.

About the Author
David Michael Cantor is an AV rated (the highest possible rating) lawyer and a Certified Criminal Law Specialist per the Arizona Board of Legal Specialization. For more information about a DUI Attorney, visit our site.


DUI Defenses for a DUI arrest in Arizona

If you have been charged with a DUI in Phoenix, you’re going to need a skilled DUI Defense Lawyer.

There are many defenses to DUI, DWI, & Extreme DUI charges. Don’t believe the prosecutor – there are very few hopeless cases. A DUI or DWI conviction has lifelong consequences and, depending on the facts surrounding the individual case, Dismissal or Acquittal is possible. In fact, here is a list of possible defenses for DUI in Phoenix:

  1. No Reasonable Suspicion to Stop
  2. No Actual Physical Control
  3. No Probably Cause for Arrest
  4. Denial of Right to Counsel
  5. Inaccuracy of Breath or Blood Testing Device
  6. Retrograde Extrapolation below .08% BAC at Time of Driving

There are many ways in which a criminal defense lawyer can help with a DUI in Phoenix. One is to challenge the facts of the case and possibly have the charge thrown out or reduced. Are you ready to stand before a judge to conduct trial? When you hire a DUI Lawyer you get the power of a team of people, including a lawyer, paralegal, and other support staff.

Click here to see a list of our DUI case victories.

At DM Cantor, the majority of our Attorneys are ex-Prosecutors, and all of our DUI Lawyers in Phoenix know the system well. It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also, David Michael Cantor is a skilled DUI Lawyer in Phoenix, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its DUI Lawyers in Phoenix are listed in the Bar Register of Preeminent Lawyers®. For a free initial consultation, call us at 602-307-0808, or contact DUI Lawyer David Michael Cantor.


Tricks a DUI Lawyer in Arizona Can Use to Question a Blood Sample

Upon accepting a new client, a good DUI lawyer in Arizona already anticipates the challenges that can mount of the client subjected him or herself to a breathalyzer. These include mouth alcohol, radio frequency interference, and interfering substances, although the list can go on. If the client took a blood test, however, too many a DUI lawyer in Arizona will just give up hope and accept the test results. It doesn’t have to be that way, as creative approaches can instill doubt into any blood test. Let’s take a look at a few of the strategies.

Collection Materials
A DUI lawyer in Arizona who wishes to dispute such a test should first start by looking at the materials used to collect the blood specimen. In inappropriate materials were used, it can make a big difference that may result in the validation of your client.

Most agencies drawing for blood use some type of partially evacuated blood collection tube, such as the Vacutainer from Becton-Dickenson. These tubes are sold with a variety of additives inside, depending on the type of test for which the sample has been collected. The appropriate tube for such a test contains a mixture of sodium fluoride and potassium oxalate. Usually these tubes are intended for blood glucose approximations and typically have a gray stopper. Stoppers for other tubes have different colors.

If the blood alcohol result of the client of the DUI lawyer in Arizona is derived from a tube designed for a different type of analysis, the result may be inaccurate due to interference with the different chemicals within the tubes, or from the separation of the blood into plasma or serum. Remember, plasma is the blood minus the blood cells. Always check which type of tube is used for collection, as a mistake can be used as leverage by a meticulous DUI lawyer in Arizona.

Also realize that these tubes have a shelf life and an expiration date. After the date is expired, the vacuum depletes, which may result in contaminants from the surrounding air. This results in less than the full amount of blood necessary to conduct a conclusive test, called a “short draw.” This can also happen if the technician pulled the tube off of the needle before it had completely filled, introducing microbe contaminants into the tube. In blood cases, it is critical that a DUI lawyer in Arizona always check the expiration date as well as the appropriate amount of blood for the size of the tube. If it less, the accuracy of the blood ethanol result can be quite readily disputed in a court of law.

Skin Prep and Alcohol Swabs
Prior for drawing blood for alcohol tests, the skin must be wiped with a swab that does not contain alcohol, meaning not only ethanol, but other alcohols such as isopropanol or rubbing alcohol. The swab is important to kill any microbes that might contaminate the sample. It is important that the swab be done in an outward spiral to remove the microbes away from the punctured site. Ask the person who drew the blood sample to demonstrate their technique, as many do so incorrectly in a way that leads to contaminated and incorrect samples. If the swab contained alcohol, it can also contaminate the sample and can give a DUI lawyer in Arizona ample room to insert doubt into the prosecution’s case.

About the Author
David Michael Cantor is an AV rated (the highest possible rating) lawyer and a Certified Criminal Law Specialist per the Arizona Board of Legal Specialization. For more information about an Arizona DUI lawyer, visit our site.


New Arizona Photo Radar Bill HB 2085 Requires Officer to issue ticket

David M Cantor, Arizona Criminal Lawyer, discusses House Bill 2076 and House Bill 2085 (the new Arizona photo radar bill) were prefiled on January 8, 2010 to be heard at the 2010 49th Legislature Second Regular Session.  If passed, HB 2085 would require that a photo radar ticket actually be issued by a law enforcement officer, and not by mail or a process server.  Currently, if you simply ignore a photo radar ticket received in the mail nothing will happen to you.  However, if a process server claims to have served you or a member of your household, you then must show up to court.  Many process servers are unscrupulous and will simply leave the ticket on your front door and claim that service was accepted.  This new House Bill would actually be a good thing for the people of Arizona.

HB 2076, if passed, would allow an officer to issue a ticket to a person who is smoking in a car if there are any other people in the car who are under 16 years of age.  The ticket would carry a $50.00 fine for each person who is under 16.  The one limitation attached to this House Bill is that the officer cannot pull somebody over purely because they are smoking with a young child in their car.  He must have reasonable suspicion that an additional traffic violation has occurred prior to initiating his stop.  Apparently if you are 16 or 17 (i.e., unable to drink, vote, or legally have sex) you are not protected by the law from second-hand smoke.

To learn more about Arizona photo radar laws, contact DM Cantor.


Click to Watch Important Questions to Ask when Hiring a Lawyer

Request a Free Consultation

Fill out the form below to recieve a free and confidential intial consultation.


Arizona Defense Law Firm Associations and Awards
DM Cantor

Call 24/7 602-307-0808

40 N Central Ave, Ste 2300
Phoenix, AZ 85004
Click here for Directions

For Family Law questions please go to Cantor Law Group.
[contact-form-7 id="8868" title="Exit Intent"]