If you were arrested for a misdemeanor DUI in the Town of Gilbert, you will likely be cited into the Gilbert Municipal Court or the Highland Justice Court – both located at 55 East Civic Center Drive in Gilbert, AZ. Felony DUI complaints are filed in the Maricopa County Superior Court – Southeast Facility, located at 222 East Javelina Drive in Mesa, AZ.
Investigating and litigating DUI cases can be complex, and if you plan to hire an attorney, it is important to find one who has experience in defending these types of cases. While there are many potential defenses in a DUI case, this discussion will focus primarily on "Procedural Defenses" which may be pursued in your case.
What are "Procedural Defenses"? Procedural criminal law is the formal procedures and protocols that the court uses to adjudicate criminal cases, including D.U.I. cases. It controls all stages of prosecution from the police investigation all the way through the trial and appeal. At each step of the process, there will be occasions for a competent Gilbert D.U.I. defense attorney to use the rules to help shape the focus the case. Opportunities for exclusion of evidence, and even dismissal of the case, can be fought for utilizing these rules of procedure. In Arizona, the procedural rules are formally titled the "Arizona Rules of Criminal Procedure" and can be found online, or at any local law library. The attorney you chose to represent you in your Gilbert D.U.I. matter should know and understand these rules thoroughly. The importance of these rules cannot be overstated. Some of the procedural defenses that may be raised in D.U.I. or criminal traffic cases may include any number of the following issues:
- Unlawful Detention/Traffic Stop
- Unlawful Arrest
- Unlawful Delay in Presentation of Body (in-custody)
- Unlawful Delay in Presentation of Complaint or Indictment
- Unlawful Search
- Unlawful Seizure
- Defective Search Warrant
- Defective Service of Search Warrant
- Franks Challenge (Search Warrant Challenge)
- Tainted Confessions
- Involuntary Statements
- Faulty Line-up/Identification Procedures
- Anonymous Tips
- Competency of Defendant to Stand Trial
- Double Punishment
This list is by no means an exhaustive list of every potential procedural defense that may be available in your case. The attorney you choose should be able to identify the relevant defenses that best fit the specific circumstances and facts of your case. Moreover, your attorney should be able to specify what steps are needed to best develop your procedural defenses for successful presentation in court. The best way to determine what defenses may be applicable to your case is to consult with, and retain, a competent criminal defense attorney. Stay tuned for future discussions regarding other possible defenses, including "Factual Defenses". Also, you may request a complimentary copy of a book written by Attorney Trent Buckallew entitled, Arizona DUI/Criminal Traffic Defense Strategies, which covers DUI cases from the time of your arrest, types of DUI's and penalties, describes the court process, discusses potential defenses as well as DUI case investigation.
Mr. Buckallew has handled countless DUI cases in the Gilbert Municipal Court, Highland Justice Court and the Maricopa County Superior Court, as well as most other courts throughout the valley. He has handled all types of DUI cases, including 1st Time DUI, Extreme DUI, Super Extreme DUI, Aggravated DUI, DUI Involving Homicide, Underage DUI, and DUI – Drugs, among others. He has a proven track record for zealously defending each and every client and has achieved many successful outcomes in DUI cases throughout the course of his career. Contact the Firm today for a free consultation regarding your Gilbert DUI case.
**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.