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Arizona Vehicular Law

Arizona DUI Defenses by Arizona DUI Lawyer David M Cantor

Arizona DUI Lawyer David M Cantor talks about various types of DUI Defenses that his Law Offices will use in various DUI cases. It is important to know that just because you have been arrested you still have legal options and rights to exercise as an American citizen.

Arizona DUI Lawyer Defenses based on type of offense:

The Cantor Defense Team is highly versed in all areas of vehicular criminal law, including felony and misdemeanor charges of:

  • DUI
  • DWI
  • Vehicular manslaughter
  • Aggressive driving
  • Reckless driving
  • Unlawful flight from police
  • Hit and run
  • Other vehicular-related crimes

Almost every attorney on our DUI and Vehicular Crimes Defense Team is a former prosecutor. In fact, DM Cantor, P.C., have included former prosecutors from the following jurisdictions: the State of Arizona Attorney General’s office, the City of Phoenix prosecutor’s office, the City of Mesa prosecutor’s office, the City of Glendale prosecutor’s office, the City of Goodyear prosecutor’s office, the Maricopa County Attorney’s office, and the U.S. Attorney’s office.


What to Do if You’re Charged with First Degree Murder

If you have been charged with First Degree Murder, you’re going to require a skilled Phoenix Defense Lawyer.

The two (2) most often seen defenses to First Degree Murder are “Self-Defense” (i.e., Justification) and “Supervening Cause”. Self-Defense would involve the use of deadly force in order to protect oneself against a person who is threatening or using deadly force against them. In regards to a “Supervening Cause”, this would include an error by emergency treating personnel, or a hospital error which caused the person’s death. These cases are so complex that they require a litany of defense tools. For example, private investigators; gunshot residue experts; DNA experts; accident reconstruction experts; human factors experts, just to name of few. David Michael Cantor is “Death Penalty Qualified”. This means he has “first-chaired” and has been substantially involved in Capital Murder Trials in the past.

Click here to learn more about possible defenses and/or punishment for a First Degree Murder charge.


What to Do if You’re Charged with Reckless Driving

If you have been charged with Reckless Driving, you’re going to require a skilled Phoenix Criminal Defender.

With a Reckless Driving charge, it must be shown that a person drove with reckless disregard for the safety of “persons or property.” If other vehicles were no nearby (i.e., within “striking distance”), then it can be argued that nobody was put at risk. The same would apply for property. If it did not appear that a person was going to strike any other property (such as parked cars, buildings, fences, etc.), then this can serve as a defense. Merely driving fast and weaving in and out of traffic does not qualify as Reckless Driving. In fact, it might qualify as “Aggressive Driving” or “Drag Racing”, but not “Reckless Driving”.

It is important to try to argue for the lesser charge of “Aggressive Driving” because that is a civil violation (not a criminal violation), and therefore, no jail time can be imposed. In addition, the Judge cannot suspend your driver’s license for an Aggressive Driving, whereas they can suspend it for a Reckless Driving. It will be important to interview all potential witnesses who were nearby (or passengers in your car) in order to demonstrate that you were not driving recklessly.

 


What to Do if You’re Charged with Underage Drinking and Driving

If you have been charged with Underage Drinking and Driving and you’re a minor, you’re going to require a skilled Arizona Juvenile Attorney.

The main dui defenses for Underage Drinking and Driving are:

  • “No Reasonable Suspicion to Stop” Officers are not permitted to stop or detain someone based on pretexts regarding race, religion, gender, age, sexual preference nor on a host of other possible unjustifiable reasons.
  • “No Actual Physical Control” If a person has had too much to drink, pulls off the roadway, leaves the engine running with the A/C or heater on, and attempts to “sleep it off”, then they are not in “actual physical control” of their vehicle and are not guilty of DUI, DWI, or Underage Drink and Drive.
  • “No Probable Cause for Arrest” If an officer did not have probable cause that a person had consumed alcohol, then the arrest will be invalidated (i.e. if the Field Sobriety Tests (FSTs) were improperly administered). The National Highway Traffic Safety Administration (NHTSA) has set forth guidelines regarding FSTs. The tests should not be given if the suspect:
    • is 50 pounds or more overweight
    • has any back, hip, leg, knee, or ankle injuries
    • has any disability effecting balance
    • is wearing shoes with heels two (2) inches or higher

Click here to learn more about possible defenses and/or punishment for Underage Drinking and Driving.


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.


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