A conviction of a DUI, driving under the influence of alcohol or drugs in the state of Arizona, is reliant on proof that you were actually driving the vehicle while intoxicated. Where things become a bit “gray” is under the term of “no actual physical control”. No actual physical control is a confusing concept to many drivers in the state.
The definition of actual physical control of a vehicle is determined under a variety of factors with the courts using “totality of the circumstances” to determine whether a driver had actual physical control of their vehicle while intoxicated. If actual physical control is deemed to have existed, then a DUI charge can be enforced.
When you are facing DUI charges, it is very important that you have an experienced lawyer on your side. David Michael Cantor is a Phoenix DUI attorney who has helped change the laws of the state of Arizona in regard to actual physical control. The case which resulted in changes for all state residents was State v. Love, heard in the Supreme Court of Arizona in 1995. If you are up against DUI charges and penalties, DM Cantor can help you win your case.
AZ DUI laws are known to be some of the toughest in the nation. In prior years, it was possible to be charged with DUI without driving at all, as long as your keys were in the ignition. Now, after State v. Love in the Arizona Supreme Court, the court must consider a multitude of factors surrounding the driver’s behavior and circumstances of the traffic stop before enforcing the actual physical control rule.
Some factors the court must consider include:
If you are approached by an officer because you are sitting in an idle vehicle while intoxicated, there are other considerations that may help the courts decide whether you have actual physical control. Those include:
No actual physical control is something that can be proven and is effective by a DUI defense lawyer. As long as you were not posing any threat or danger to others and you stopped your vehicle away from main traffic, you can be determined as not to have been driving under the influence due to no actual physical control.
When you are facing DUI charges, there are other effective defenses beyond no actual physical control. The Constitution and statutes of Arizona can be used to prove innocence against DUI in court.
Some other possible defenses include:
A good example of how one of these issues can cause problems for the state’s case and help an individual DUI defense is that of problems with the administered chemical test. If the Intoxilyzer or Gas Chromatograph test is not properly administered or is found to be faulty, the case can be made ineffective. These tests are conducted on machines governed by regulations. Even if the machine is used properly and in accordance with these regulations, the results can still be faulty.
Common errors of Intoxilyzer breath tests (commonly referred to as “breathalyzer“) include:
This machine used for breath tests must be calibrated regularly in order to remain effective and for results to register accurately. Calibration records and QA records can be reviewed to determine that the machine was not functioning as it should have been for the tests.
Common errors of Gas Chromatograph include:
Regardless of whether your defense will be related to errors of chemical testing equipment, no physical control or any other factors, you need an experienced lawyer for your DUI case. The Law Offices of David Michael Cantor have that experience, as proven in the State v. Love case in the Arizona Supreme Court involving no actual control. This is the type of defense you want and need. Call the Law Offices of David Michael Cantor today at 602.307.0808.
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