With multiple events going on in February, including Super Bowl LVII, the Waste Management Open, and the Barrett Jackson Car Auction, hundreds of thousands of people descended upon the Valley of the Sun. According to the Super Bowl Host Committee, close to 300,000 visitors came through the NFL Experience in downtown Phoenix, including nearly 25,000 fans in Margaret T. Hance Park for the Super Bowl Sunday watch party. (Fox 10 Phoenix 2/23/23)

Other Super Bowl events were held throughout the valley, including the Old Town Scottsdale Main Street Tailgate, a Super Bowl Gospel Celebration in Mesa, a Super Bowl Music Fest in Phoenix, and of course the Super Bowl itself took place in Glendale, AZ at the State Farm Stadium.

Sky Harbor International Airport broke records on Monday, the day after SBLVII as over 200,000 fans were returning back to their hometowns after the big game. (AZCentral.com 2/16/23)

With the multiple events going in during the month of February, there were likely an increase in arrests during that timeframe. The types of cases we have seen so far have primarily involved alcohol violations, including DUI and Minor in Possession/Consumption as well as Disorderly Conduct cases. Multiple City, State, and Federal law enforcement agencies also performed a sex-trafficking sting operation across the Valley, which resulted in several arrests, including 300 misdemeanor and 48 felony arrests involving 120 arrests for ‘sex buyers’ and 35 arrests for prostitution. Law enforcement agencies have not provided additional information on the other arrests, citing that they are “open investigations”, although, according to court records, 6 of the arrests involved ‘soliciting sex from minors’. (AZ Republic 2/26/23)

If you are facing charges stemming from any of the multiple events in Arizona, whether you were here for the Super Bowl in Glendale, AZ, the Waste Management Open in Scottsdale, AZ, Barrett Jackson Auto Auction in Scottsdale, AZ, or just the magnificent sunshine, this Firm can help. It is stressful enough facing charges, but then add to that, residing outside the state of AZ and great distances from the courthouse in which you are set to appear, can just add to the challenge of facing criminal charges. Having a local attorney who is experienced in representing out of state clients, can relieve a lot of the stress involved with navigating through our criminal justice system here in Arizona. Mr. Buckallew has nearly 25 years’ experience handling all types of criminal charges, ranging from DUI to Aggravated Assault, Domestic Violence, Disorderly Conduct, Soliciting Prostitution and all types of other criminal violations. He is Board Certified in Criminal Law and has been defending against DUI and Criminal charges in the state of Arizona since he began practicing law over 2 decades ago.

Contact the Firm today for a free case evaluation of any pending criminal case in the State of Arizona.

The fall semester is upon us and ASU students are resuming classes this week, with many joining the ranks of college for the very first time. As students are getting moved into dorms or local apartments, and situated for the start of the school year, we want to remind students and families to keep safety in mind both on and off campus. Some common safety tips to remember include bicycle safety, locking your bicycle to prevent theft, locking car doors, not leaving valuables in your car, and using the ‘buddy system’ when walking around campus at night. See ASU’s website for additional safety tips and to learn more about other campus safety protocols.

It is not uncommon at the start of a new school year to see both Tempe Police and ASU Police ramp up their patrols in and around campus to ensure the safety of students and residents. Some of the high traffic areas these police agencies will be focusing on include, University Drive & College Avenue, Apache Boulevard and College Avenue, and Apache Boulevard and McAllister Avenue. The officers try to educate and spread awareness initially and we usually see them giving warnings for certain infractions before they begin issuing citations, whether it be traffic citations or other violations. We also anticipate that both Tempe and ASU Police will be participating in DUI Task Forces throughout the year, cracking down on alcohol related violations such as Underage Drinking, Underage DUI, Minor in Consumption, and Minor in Possession. With over 50,000 students enrolled at the Tempe Campus, and a notable night life with restaurants, bars and entertainment along Mill Avenue and Tempe Beach Park nearby, and numerous large events in Tempe throughout the year, there is an increased potential for impaired drivers and other criminal violations, such as Assault, Theft, Underage Drinking, Disorderly Conduct, and other similar alcohol violations. Remember to stay safe both at home and on campus, as well as at parties, riding your bicycle and driving your car. Drink responsibly and always use a designated driver.

This Firm has been a fixture in the valley for over 20 years, and being so close in proximity to ASU, we have represented countless ASU students over the years. While we handle all types of criminal cases, from Underage Drinking violations to more serious felony Assault and Theft charges, the most common types of cases we see in our office from ASU students include, Minor in Consumption, Fake ID, Possession of Marijuana and Underage DUI cases. If you are facing any type of criminal violation, it is important to seek the advice of an experienced Tempe Criminal Defense Attorney. The government takes these cases very seriously and the consequences can include the possibility of jail time, probation, fees and fines, alcohol screening and classes, community work service and other penalties. If you are a student, this may also jeopardize your opportunity for certain scholarships, or your participation on athletic teams, and will also result in a criminal record if you are convicted. The Firm has represented countless ASU students and other young adults with all types of criminal and alcohol and/or drug related cases and has a proven track record in achieving great results for our clients in many of those cases.

Contact our office today for a free and confidential consultation regarding any pending criminal or DUI charge (602) 825-3300.

**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.

It’s that time of year again for the biggest music festival in Arizona – Country Thunder, which is held at Canyon Moon Ranch in Florence, Arizona (Pinal County), situated about 60 miles southeast of Phoenix. The festival runs April 11^th -14^th (Thursday-Sunday) this year. Nearly 30,000 people are expected to attend the festival each day and many people reserve on-site campsites for the weekend of festivities. Some of the headliners this year include Brett Eldredge, Tim McGraw, Phoenix native Dierks Bentley, and for the very first time at AZ Country Thunder – Chris Stapleton, among other popular country music stars.

As in years past, multiple law enforcement agencies will have a presence during the festival weekend, ensuring safety and security of all festival participants as well as patrolling the roadways leading into and out of Canyon Moon Ranch. The primary law enforcement agencies who usually have a presence each year at Country Thunder include the Pinal County Sheriff’s Office (PCSO) and the Arizona Department of Liquor License/Control – both uniformed officers as well as undercover officers.

According to the Pinal County Sheriff’s Office, they responded to a total of 227 calls within the campground and concert areas last year (2018), which resulted in 16 arrests (18 charges). Of those charges, there were 7 Disorderly Conduct violations, 4 Assaults, and then 1 each of Possession of Narcotic Drugs, Criminal Damage, Resisting Arrest, Misconduct Involving Weapons, Hit and Run with Injury and Liquor Violations. According to a recent article in AZCentral.com, there were 85 other arrests for Underage Drinking violations.

PCSO also actively patrols the roads leading into and out of Canyon Moon Ranch and made 481 traffic stops, resulting in 38 arrests and citations during the 4-day festival last year. These arrests included 9 misdemeanor DUI tickets, 2 Extreme DUI tickets, 2 DUI-Drug tickets, 1 Underage DUI and 1 Minor in Consumption ticket along with a handful of speeding tickets and various other arrests.

If you received a citation while attending the Country Thunder music festival, the court you were cited into will depend upon whether you were ticketed by PCSO, AZ Department of Liquor License/Control, the Florence Police Department, (or another law enforcement agency). However, it is most likely that you will be appearing in either the newly districted Central Pinal Justice Court (formerly known as the Florence Justice Court) or the Florence Municipal Court if you are facing misdemeanor charges, or the Pinal County Superior Court if you are facing felony charges. The court you will need to appear in will be listed on your ticket along with the date and time of your hearing.

If you were charged with DUI after leaving Country Thunder, or charged with an underage drinking violation, or any other criminal violation during the festival, it is important to seek legal advice from an experienced Criminal Defense/DUI Lawyer before making any decisions in your case. Depending on the violation, the consequences of a DUI or Minor in Consumption conviction can be significant, including the possibility of jail time, alcohol treatment and classes, license suspension, fees and fines, community work service, probation, a permanent mark on your criminal record, and can also affect a students’ ability to obtain certain college scholarships and financial aid as well as future employment opportunities. In certain cases, entering into a diversion program may be an option, which means that you can avoid a conviction on your record by taking alcohol education classes and paying the fees associated with the diversion program. In circumstances where diversion may not be an option, your attorney will be able to determine what other legal options you may have in resolving your case, whether it be a negotiated settlement or trial resolution.

We have handled many cases arising out of Country Thunder arrests over the past several years and are familiar with the various types of criminal violations people receive during this festival. If you or a family member are facing charges from Country Thunder weekend, this Firm can help. Whether you have received an Underage Drinking violation, DUI, Assault or any other criminal violation, this Firm can assist in your defense.

Mr. Buckallew is a Board Certified Criminal Defense Attorney, with nearly 20 years’ experience in defending against all types of criminal and DUI cases in most courts throughout Pinal and Maricopa Counties. Contact the office today to arrange a free initial case evaluation for any pending criminal charge you may be facing.

Every year Florence, AZ is host to Country Thunder, the biggest outdoor country music festival in the state. The festival is sure to draw in thousands of fans young and old. With temperatures this weekend forecasted in the 90’s, you will want to be sure to have plenty of water, hats, and sunscreen! Above all, have a great time and be safe.

According to local news outlets, there will be an increased presence of Sheriff’s Deputies, undercover officers and security to ensure the safety and security of everyone attending the festival. Keep in mind, the Pinal County Sheriff’s Office (PCSO), the AZ Dept. of Liquor License/Control, and the Florence Police Department in years past have issued hundreds of citations over the course of the 4-day weekend, particularly involving underage drinking related violations, including Minor in Consumption and Minor in Possession, as well as using fake ID’s to buy alcohol and furnishing alcohol to a minor. We have also seen numerous DUI/DWI cases occur as attendees leave the festival.

If you were arrested by the Pinal County Sheriff’s Office (PCSO), Florence Police Department, AZ Dept. of Liquor License/Control, or any other agency during Country Thunder weekend, contact the Firm to arrange a free evaluation regarding your case. We have handled countless Country Thunder citations over the years and are familiar with the local courts as well as the typical violations we see coming out of this festival each year. Depending on the agency you were arrested by, your case will likely be cited into either the Florence-Coolidge Justice Court located at 400 South Central Avenue in Florence, AZ or at the Florence Municipal Court located at 775 North Main Street in Florence.

Because the consequences of underage drinking violations and DUI offenses can be significant and leave a permanent mark on your criminal record, it is crucial to seek the advice of an experienced Criminal Defense Attorney to determine your legal options before you make any decisions regarding your case. Penalties associated with Underage Drinking and Underage DUI related violations can include, jail time, community work service, alcohol classes, license suspension, court fees and fines, and even possible suspension or expulsion from school and/or athletic teams and clubs. Some of the legal issues a defense attorney may explore include, determining whether you actually violated any city or state law; whether the arresting agency followed the law; whether or not your conduct actually constitutes a criminal violation and whether you have any other legal, factual or procedural defense(s) in your case.

The Firm has handled countless cases involving underage drinking, minor in possession, minor in consumption, furnishing alcohol to a minor, public intoxication, fake ID, as well as DUI/DWI cases and other alcohol related violations. Mr. Buckallew is a Board Certified Criminal Defense Attorney and has a reputation for zealously representing each client and has a proven track record of success. With a statewide practice, the Firm handles cases in Florence – Pinal County, Maricopa County and throughout the State of Arizona. Contact the Firm today for a free evaluation of your 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.

The countdown to Super Bowl XLIX continues as throngs of fans head out to Super Bowl Central which has taken over about 12 blocks in downtown Phoenix. According to azcentral.com, Phoenix along with state liquor officials have approved public consumption of alcohol within an enclosed 9-block area of downtown Phoenix, enabling folks to enjoy the street festivities with a cocktail in hand. This is said to be the largest special event liquor license ever issued in downtown Phoenix and to ensure the safety of everyone, security will be extremely tight. Anyone wanting to consume alcohol in this area will be required to show their ID, wear wristbands, and stay within the 9-block perimeter which will be secured with temporary barricades. Officers from Phoenix Police Department, Maricopa County Sheriff’s Office (MCSO) and the AZ Department of Liquor License and Control will be conducting enforcement efforts and ticketing violators for drinking violations such as Minor in Consumption / Minor in Possession and Underage Drinking as well as any other criminal violations ranging from Disorderly Conduct, Assault, Weapon and Firearm Violations, and Drug Violations. There will also be increased DUI enforcement in and around Phoenix so if you do plan to consume alcohol, be sure to designate a sober driver or utilize taxi service, Uber, or the light rail to avoid the harsh consequences of a DUI charge in Arizona.

Some of the most common alcohol violations we see with large events around the valley include, Underage Drinking, Underage DUI, False ID and Minor in Consumption (MIC) / Minor in Possession (MIP) violations. Arizona has a “zero tolerance” law which prohibits anyone under the age of 21 to drive with any trace of alcohol in their system. If you are under the age of 21 and your blood alcohol content (BAC) is at or above .08%, you may also be charged with DUI in addition to Underage Drinking. The penalties for some of the common underage drinking violations are outlined here:

A.R.S. § 4-241L – (Fake ID) “A person who is under the legal drinking age and who misrepresents the person’s age to any person by means of a written instrument of identification with the intent to induce a person to sell, serve, give or furnish spirituous liquor contrary to law is guilty of a class 1 misdemeanor.” The maximum punishment for a class 1 misdemeanor is up to 6 months in jail and a fine of up to $2,500.

A.R.S. § 4-241M – “A person who is under the legal drinking age and who solicits another person to purchase, sell, give, serve or furnish spirituous liquor contrary to law is guilty of a class 3 misdemeanor.” The maximum punishment for a class 3 misdemeanor is up to 30 days in jail and a fine of up to $500.

A.R.S. § 4-244(34) – (Underage Drink and Drive) “It is unlawful…For a person under twenty-one years of age to drive or be in physical control of a motor vehicle while there is any spirituous liquor in the person’s body.” The maximum punishment is up to 6 months in jail and a fine of up to $2,500.00

A.R.S. § 4-244(9) – (Minor in Consumption / Minor in Possession) “It is unlawful…for a person under the legal drinking age to buy, receive, have in the person’s possession or consume spirituous liquor…” The maximum punishment for a class 1 misdemeanor is up to 6 months in jail and a fine of up to $2,500.

In addition to possible exposure to jail time and significant fines, underage drinking violations can also result in license suspensions of up to two years, probation, community work service, a criminal record and other unanticipated consequences. Before making any decisions in your case, it is critical to seek the advice of legal counsel to ensure you understand your legal options and the consequences of a conviction.

Mr. Buckallew is a Board Certified Specialist in Criminal Law and focuses his practice primarily on DUI and Criminal Defense in Phoenix and surrounding areas. He has significant experience in litigating all types of DUI and Underage Drinking violations, including Minor in Consumption / Minor in Possession, Fake ID, Underage Drink and Drive, 1st Time DUI, Extreme DUI, Felony DUI and any other criminal or DUI charge in the state of Arizona. Contact the Firm today for a free evaluation of your Phoenix DUI or criminal 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.

As Glendale is gearing up to host the Seattle Seahawks and the New England Patriots on February 1^st we want to welcome an estimated 100,000 out of town visitors expected to visit the Valley of the Sun for Super Bowl XLIX. According to AZCentral.com, Phoenix area airports (including Scottsdale Airport, Phoenix Deer Valley Airport, Goodyear Airport, Glendale Municipal Airport, Mesa’s Falcon Field Airport, Phoenix-Mesa Gateway Airport, Chandler Municipal Airport, and of course Phoenix Sky Harbor International Airport) have been preparing for this increased air traffic for several months, anticipating over 1,000 additional private aircraft along with commercial and charter jets.

The NFL will be hosting the Super Bowl Experience activities at the Phoenix Convention Center the week leading up to the super bowl. According to azsuperbowl.com – along with the many interactive attractions, games, exhibits and other activities, fans will also be able to find many other venues and activities around town including the 2015 Pro Bowl on January 25^th at University of Phoenix Stadium, the 2015 Waste Management Phoenix Open at TPC Scottsdale (1/26/15-2/1/15), Super Bowl XLIX Media Day (1/27/15), Verizon Super Bowl Central – a free, family-friendly, football themed outdoor fan fest taking over Downtown Phoenix (1/28/15-2/1/15), along with many other events leading up to the big game.

And of course with any event of this scale, law enforcement agencies from around the valley are coordinating efforts to ensure the safety of all residents – both locals and visitors alike. With a week filled with Super Bowl events spread across the valley between Glendale, Phoenix and Scottsdale, police officers from Glendale PD, Phoenix PD and Scottsdale PD will be working off-duty shifts in addition to all regularly scheduled shifts in these departments. Additionally, other agencies – both local and federal, are providing the assistance of their officers, including Gilbert PD, Tempe PD, Mesa PD and Prescott PD, along with regional cooperation of over 50 agencies. The City of Phoenix is hosting the major events – both Super Bowl Central covering several blocks in downtown Phoenix, as well as the Super Bowl Experience at the Phoenix Convention Center. The City of Scottsdale will be hosting many out town visitors in local resorts both for the Super Bowl and the WM Phoenix Open. The Super Bowl itself as well as the Pro Bowl will be played at University of Phoenix Stadium in the City of Glendale.

Whether you’re participating in some of the many Super Bowl activities in Phoenix and around the valley, or taking time out to enjoy our fantastic weather with a hike up Camelback Mountain, a stroll through the Phoenix Desert Botanical Gardens, dining or shopping along historic Mill Avenue in Tempe, or checking out Historic Downtown Glendale – there will be no shortage of activities to fill your days. Enjoy the festivities, celebrate responsibly and remember to use a designated driver, utilize the light rail, taxi service or Uber.

In the event you find yourself facing DUI charges during super bowl week, it is critical to seek the advice of competent legal counsel before making any decisions in your case as Arizona has some of the toughest DUI laws in the country. Outlined below are some of the common DUI violations along with associated penalties:

Misdemeanor DUI (1^st Offense) – BAC between .08% – .149%

Minimum Penalties include 10 days jail (9 can be suspended if court ordered alcohol classes are completed successfully), over $1,500.00 in fees/fines (plus jail costs), vehicle ignition interlock device and a 90-day license suspension.

Misdemeanor Extreme DUI (1^st Offense) – BAC between .15% – .199%

Minimum Penalties include 30 days jail (all but 9 days can be suspended with the installation of ignition interlock for 12-months), over $2,500.00 in fees/fines (plus jail costs), vehicle ignition interlock device and a 90-day license suspension.

Misdemeanor Super Extreme DUI (1^st Offense) – BAC at or above .20%

Minimum Penalties include 45 days jail (all but 14 days can be suspended with the installation of ignition interlock for 12-months), over $3,000.00 in fees/fines (plus jail costs), vehicle ignition interlock device and a 90-day license suspension.

Felony Aggravated DUI (1^st Offense)

While many DUI charges are classified as misdemeanors in the State of Arizona, there are some circumstances which can result in DUI charges being classified as a felony, or ‘Aggravated DUI‘. The primary factors in felony Aggravated DUI charges include:

Class 4 Felony:

• Driving on a restricted, suspended or revoked license at the time of the DUI
• Two prior DUI/DWI/OUI convictions (in any state) within the past 84 months

Minimum Penalties include 4 months in prison, over $5,500.00 in fees/fines, 3 year license revocation, mandatory drug/alcohol evaluation and treatment program, up to 10 years’ probation and vehicle ignition interlock device.

Class 6 Felony:

• Driving with a minor child (under the age of 15) in the car at the time of the DUI

Minimum Penalties include a minimum of 10 days jail but increases based on BAC levels, over $4,500.00 in fees/fines, 3 year license revocation, up to 10 years’ probation, drug/alcohol evaluation and treatment program and vehicle ignition interlock device.

Please visit our Arizona DUI website for more in depth information regarding Arizona DUI charges and penalties. The Firm handles all DUI cases throughout the entire State of Arizona – both misdemeanor and felony, including 1st Time DUI, Extreme DUI, Super Extreme DUI, Aggravated DUI, DUI – Drugs, DUI Involving an Accident, Underage DUI or any other drug or alcohol DUI you may have been charged with. The Firm handles cases in City/Municipal Courts in Phoenix, Tempe, Scottsdale, Gilbert, Mesa, Chandler, Glendale and throughout the entire valley. The Firm also handles cases in all Maricopa County Justice Courts throughout the valley as well as the Maricopa County Superior Court. The Firm also handles ANY criminal charge in Phoenix and throughout the State of Arizona, including (but not limited to) Disorderly Conduct, Criminal Damage, Assault, Littering, Shoplifting, Drug Crimes, Juvenile Crimes and Reckless Driving.

If you are facing DUI charges in Phoenix, contact the Firm today for a free evaluation of your case. Mr. Buckallew is a Board Certified Criminal Law Specialist and has significant experience in litigating DUI cases in Phoenix courts and throughout the State of Arizona.

**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.

If you are facing criminal charges in Phoenix, a Board Certified Criminal Defense Attorney with this Firm offers a free, no obligation evaluation of your case. Mr. Buckallew has focused his practice primarily on criminal and DUI defense, representing countless individuals in Phoenix and throughout the State of Arizona for over the course of his career. The Firm has defended a wide range of criminal cases, from Disorderly Conduct and Domestic Violence cases to DUI cases all the way up to First Degree Murder cases. Mr. Buckallew has handled countless cases in the Phoenix courts – both the Phoenix Municipal Court (misdemeanor criminal/misdemeanor DUI) and the Maricopa County Superior Court (felony criminal/felony DUI). The Firm also represents individuals in the Maricopa County Justice Courts located in Phoenix, including the Arcadia Biltmore Justice Court, Desert Ridge Justice Court, Downtown Justice Court, Encanto Justice Court, Dreamy Draw Justice Court, Maryvale Justice Court, McDowell Mountain Justice Court, Moon Valley Justice Court, South Mountain Justice Court, and the West McDowell Justice Court (misdemeanor criminal/misdemeanor DUI). In addition to criminal and DUI cases, Mr. Buckallew also represents plaintiffs or defendants in Injunction Against Harassment/Order of Protection proceedings as well as Interfering with Judicial Proceedings cases.

If you are charged with a DUI in Phoenix, it is critical to seek competent legal counsel as these cases can result in significant fees/fines, potential for incarceration, increased insurance premiums, college/career repercussions, possible suspended or revoked driver’s license, possible probation, and the possibility of ignition interlock requirements and alcohol classes. DUI litigation requires knowledge in both criminal defense as well as a thorough understanding of the scientific evidence (blood, breath, etc.) and Mr. Buckallew has significant experience in both of these areas. With his Law Degree and continuing legal education along with his Master’s Degree in Forensic Science, Mr. Buckallew understands both the science behind the evidence as well as the potential legal defenses inherent in DUI cases. He has handled all types of DUI cases including (but not limited to), 1st Time DUI, DUI Involving an Accident, Underage DUI, Extreme DUI, Super Extreme DUI, Aggravated DUI, DUI with Multiple Priors, DUI Involving Homicide (or Injury), and DUI – Drugs. He has achieved successful outcomes for countless clients over the years, including full case dismissals, not guilty jury trial verdicts, favorable plea agreements, and aggressively defends each and every case he handles.

Mr. Buckallew has also handled a wide range of criminal cases – both misdemeanor and felony, including (but not limited to), Assault, Domestic Violence, Drug Possession, Drug Sales, Drug Crimes, Juvenile Crimes, Shoplifting, Misconduct Involving Weapons, Theft Crimes, White Collar Crimes, Minor in Possession, Minor in Consumption, Burglary, Reckless Driving, Disorderly Conduct, Violation of Restraining Orders, Prostitution, Sex Crimes, Homicide and Murder. He has a track record for zealously defending each and every client and has achieved successful outcomes in countless cases over the course of his career.

Contact the Firm today for a free case evaluation if you have a criminal or DUI charge in Phoenix.

**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.

Please celebrate responsibly and enjoy a safe and happy New Year’s Eve! If you plan on drinking tonight, make transportation plans ahead of time for the safety of yourself and other drivers on the roadways. There are plenty of options to ensure a safe arrival home at the end of the night, including taxi or limo service, Uber or a designated driver. In addition, AAA Tipsy Tow service is once again offering a free (10-mile) tow and ride home – call 1-800-AAA-HELP between 6PM Dec. 31^st and 6AM Jan. 1^st https://www.az.aaa.com/news/automotive/tipsytow. Also, check out Valley Metro as they are teaming up with Coors Light to provide free rides on bus, light rail and ADA Dial-a-Ride services beginning at 7PM on New Year’s Eve. See more at: http://www.valleymetro.org/landing_page/freerides/.

If you do find yourself being charged with a DUI, it is critical to seek the advice of competent legal counsel as soon as possible. Arizona has some of the toughest DUI laws in the country and if convicted, the penalties include significant fees, fines, mandatory incarceration, alcohol counseling, potential for increased insurance premiums, ignition interlock requirements, probation, possible vehicle impoundment, license suspension, and other unanticipated consequences.

The penalties are typically harsher the higher your blood alcohol content (BAC) and can also be harsher when certain ‘aggravating’ factors are involved, such as having a minor child (under the age of 15) in the car, having a suspended/revoked driver’s license, or having multiple DUI convictions at the time of the DUI stop. At a minimum, the penalties for a First Time DUI with a BAC of .08-.15% can include up to 6 months in jail, a $2,500 fine (with 84% surcharge) plus additional fees, a 90-day to 1 year driver’s license suspension, ignition interlock requirement, mandatory alcohol screening and counseling, probation and potential for increased insurance, among other consequences. Extreme DUI (BAC of .15-.20%) and Super Extreme DUI (BAC > .20%) result in even harsher penalties including increased jail time, higher fees/fines, vehicle impoundment, license suspension, and other penalties. If there are ‘aggravating’ circumstances involved at the time you are stopped, you will likely be charged with a Class 4 or Class 6 Felony DUI. Aggravating circumstances, as previously mentioned, can include having a minor child in the car, having multiple prior DUI convictions or driving without a valid driver’s license (i.e. suspended/revoked). As you can imagine, the more serious the circumstances and the higher your BAC, the harsher the penalties will be. The prison term for an Aggravated DUI conviction can be anywhere from 4-months up to several years. The fees and fines are substantially higher for felony DUI’s, as are other penalties, including longer license suspension, increased insurance premiums, probation, classes and other unanticipated consequences.

If you are arrested for DUI in Phoenix, or surrounding cities (including Gilbert, Scottsdale, Mesa, Tempe, Queen Creek, San Tan Valley, Paradise Valley, Apache Junction and Chandler), it is imperative to consult with competent legal counsel as each case is unique and the consequences/penalties of each DUI will depend upon many factors and circumstances in a case. Mr. Buckallew is a Board Certified Criminal Law Specialist, having been certified by the State Bar of Arizona, and thus, has significant experience in litigating all types of DUI and criminal cases. He has successfully litigated all types of DUI cases from 1st Time DUI and Underage Drinking to DUI Involving Homicide and everything in between. Mr. Buckallew has practiced in just about every Municipal/City/Justice Court in Maricopa County, the Maricopa County Superior Court, and Courts in just about every other County in the State of Arizona. Contact the office today for a free evaluation of your 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.

The 4^th of July is a day for celebration involving many festivities, including watching fireworks, family BBQ’s, camping, boating, parades, baseball games and other patriotic activities. Given that July 4^th falls on a Friday this year, it is also a 3-day weekend for many and we wish all a very safe and happy 4^th of July weekend.

As with many other holiday weekends, AZ Law Enforcement will be out in full force around the state with DUI checkpoints and increased patrol in heavy traveled areas of the state. If you plan to enjoy alcoholic beverages this weekend, be sure to plan in advance for a designated driver, a cab ride, or alternate means of transportation to keep yourself and other drivers safe this weekend.

In the event you are cited for a DUI over the 4^th of July weekend – whether alcohol or drug related, or you receive an OUI while out boating on any of the many lakes surrounding the valley, or up north – the Firm is available to discuss the DUI/OUI court process, DUI penalties and most importantly – your legal options.

The Firm represents individuals with any type of DUI charge – felony or misdemeanor, including 1st Time DUI, Extreme DUI, Super Extreme DUI, Underage DUI, Aggravated DUI, DUI involving Accident/Injury/Homicide, DUI – Drugs, OUI (Operating a boat under the influence), and any other alcohol or drug related DUI violation. Mr. Buckallew has defended countless DUI cases throughout the State of Arizona over the course of his career, including most valley (and surrounding county) City/Municipal Courts, Justice Courts and Superior Courts. The Firm represents individuals in Mesa, Gilbert, Tempe, Scottsdale, Phoenix, Chandler, Fountain Hills, Queen Creek, Apache Junction, Avondale and all other valley cities in Maricopa County, as well as throughout the State of Arizona. For more information on DUI defense strategies, penalties and potential MVD consequences, visit our DUI website here and contact the Firm for a free, no obligation consultation with a Board Certified Criminal Defense Attorney.

Have a happy and safe 4^th of July!

**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.

Cinco de Mayo is one of the biggest drinking holidays of the year, and this year was no exception with the many festivities and celebrations across the Valley over the weekend. And of course, along with this comes an increase in DUI enforcement, and Law Enforcement agencies across the State established DUI checkpoints and increased patrols statewide. While traffic stops increased significantly, the AZ Governor’s Office of Highway Safety reported fewer DUI arrests over the 3-day period leading up to the Cinco de Mayo holiday this year. According to Albert Gutier, Director of the Office of Highway Safety, the reduced number of arrests can be attributed to ensuring people get the message about driving under the influence and many driver’s out on the roadways may have seen the large LED message signs that read “Drive Hammered Get Nailed” (azcentral.com). While final numbers have not yet been reported from all of the agencies across the state, it appears that the number of arrests has been decreasing and more people are relying on designated drivers or other alternatives to driving under the influence of alcohol.

If you were charged with any type of DUI violation – including 1st Time DUI, Extreme DUI, Super Extreme DUI, Aggravated DUI, Underage DUI, DUI Drugs, or any other type of DUI, it is important to seek the advice of experienced legal counsel before making any decisions in your case. An experienced attorney will discuss your legal options with you and ensure you understand your rights, the criminal court process; the possible penalties associated with your charges, and discuss your legal options with you. The Firm handles both alcohol and drug related DUI charges in the East Valley, Phoenix, West Valley, and throughout the State of Arizona. If you were arrested by the DUI Task Force, or any law enforcement agency in the State of Arizona, contact the Firm at (602) 825-3300 to arrange a free consultation regarding your case.

Mr. Buckallew is a Board Certified Criminal & DUI Specialist, having been certified by the State Bar of Arizona. He understands the serious consequences (which can include jail time, fines/fees, alcohol treatment and classes, interlock ignition requirements, and other penalties) and hardships (including possible loss of driving privileges) resulting from a DUI conviction and will work vigorously in building a strong defense on your behalf. The Firm is experienced in handling all types of DUI cases and has proven results ranging from acquittals at trial, full dismissals and negotiating non-DUI plea agreements. Having confidence in your attorney and in the legal representation that you will receive is a critical factor when looking for the right attorney to represent you.

Visit our DUI website for additional information regarding DUI cases in Arizona and request your copy of ‘AZ DUI Criminal/Traffic Defense Strategies’ written by Attorney, Trent Buckallew.

**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.

After the recent tragic death of an 18-year old ASU student, Tempe and several other Valley Law Enforcement Agencies have been cracking down on underage drinking violations around the ASU campus in Tempe, in an effort to prevent future alcohol related incidents that could lead to injury or death. According to a recent azcentral.com news report (4/7/14), police arrested 237 people during a recent weekend task force operation. Tempe and ASU Police Departments were joined by officers from several neighboring agencies, including Mesa, Chandler, Gilbert, Maricopa County Sheriff’s Office, AZ Department of Public Safety (DPS) and the AZ Department of Liquor License and Control. The arrests from the recent weekend task underage drinking task force included Minor In Consumption (of alcohol) and Minor in Possession (of alcohol) violations as well as DUI – drinking and driving arrests.

The Firm has represented ASU students and other young adults in all types of drinking related violations including Underage DUI, Minor in Consumption, Minor in Possession and most other alcohol related charges. Mr. Buckallew frequently handles cases in the Tempe Municipal Court as well as the University Lakes Justice court and most other Municipal Courts and Justice Courts throughout the Valley. He has significant experience in defending all types of criminal violations including DUI and other alcohol related cases. Mr. Buckallew is a Board Certified Criminal Defense Specialist, having been certified by the State Bar of Arizona. If you have been charged with Underage Drinking, Underage DUI, Minor in Consumption, Minor in Possession, or any other alcohol related or criminal violation in Tempe, contact the Firm today to discuss your legal options with a Criminal Defense Specialist.

**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.

Gilbert DUI – Is DUI Breath Evidence Reliable?

A DUI case requires an attorney with knowledge of the forensic science involved in both breath and blood testing. Each method has its own potential error sources and each method has its own unique vulnerabilities. In this post, we will discuss a breath based DUI and the potential weaknesses inherent in this method of measuring blood alcohol levels in a person’s system.

Blood alcohol concentration, as measured by a breath analysis machine, is a complicated process where ethanol particles found in the breath of the person being tested absorbs infrared light produced inside the breath analysis machine. The resulting loss of light is measured to determine the amount of ethanol present in a given sample. In this sense, the machine uses an inverse relationship between the loss of light sharing a direct relationship to the amount of alcohol present in a given breath sample. In other words, the lower the light level present in the machine translates to more alcohol being present in the breath sample being analyzed. This amount is then converted to the level of alcohol thought to be present in the blood of the person being tested.

Breath alcohol machines (Intoxilyzer 5000 and 8000) utilize a constant blood-to-breath partition ratio of 2100 to 1. (See: Fitzgerald, E.F. Intoxication Test Evidence 2nd, §28.1, West Pub.: Eagan, MN 2004) This ratio is called the partition ratio and tracks a law of physics known as Henry’s Law. Scientific studies have called into question this 2100:1 ratio as being overly simplistic, and not a reliable indicator of the true blood-to-breath ratio of a given individual. In fact, published studies have shown a wide range of blood-to-breath ratios. Fitzgerald, citing Dubowski, has found that a normal range within the human population can vary from 1100:1 on the low end to as high as 3000:1. (See Fitzgerald, supra, at § 28.1) In other words, if a person’s true ratio is less than the 2100:1 ratio, which is pre-programmed into the machine, then the reported result will be higher than the true ethanol concentration found in the individual who is being tested.

In addition, to further complicate matters, much of this evidence is only admissible in an Arizona courtroom under certain conditions, principally to undermine the allegations of impairment presumptions contained in Arizona law. Thus, it is not only important to retain an attorney who understands the complexity of this science, but the attorney should be familiar with the manner in which it may become admissible during a DUI trial. There are other factors that can also undermine the reliability and accuracy of breath analysis machines including the following:

• Radio Frequency Interference (radio frequencies in the air, from cell phones and police radios, effecting the actual functioning of the machine during the test);

• Health conditions;

• Breathing patterns of the person being tested;

• Mouth alcohol (Residual alcohol in the mouth causing artificially inflated results);

• Acetone, acetaldehyde or other volatile compounds on the breath (As seen with people exposed to certain industrial compounds and people with certain health problems like Diabetes.);

• Stress of the person being tested;

• Testing during pre-elimination phase;

• Contaminated equipment;

• Individual core body temperature;

• Lack of linearity being established by the simplistic calibration method employed on a breath machine.

These are just some of the factors that may operate to undermine the validity of breath test results in your case. It is only a general overview of the issues you need to concern yourself with when investigating a breath based DUI case. You should seek out and retain a competent criminal defense attorney to assist you in determining which, if any, of the potential error sources discussed herein may be applicable to your individual case.

Mr. Buckallew is a Board Certified Criminal Law Specialist, having been certified by the Arizona State Bar, Board of Legal Specialization. This means that he has shown significant experience in criminal law, has demonstrated a high degree of professionalism, competence and integrity, and has met all other requirements and qualifications set forth by the AZ Board of Legal Specialization. Mr. Buckallew has handled countless DUI cases in Gilbert, including misdemeanor DUI charges in the Gilbert Municipal Court and the Highland Justice Justice Court, as well as felony DUI cases in the Maricopa County Superior Court. He has a proven track record of successfully resolving many of the DUI cases he has handled over the course of his career – ranging from acquittals after trial, dismissals, and reduction in charges.* Each case is unique and the Firm provides a free consultation to discuss your legal options. If you have been charged with a 1st Time DUI, Extreme DUI, Aggravated DUI, Underage DUI or any other DUI in Gilbert, AZ, contact the Firm to schedule a no obligation meeting with a Board Certified Criminal Defense Attorney.

Copyright © 2011 Trent R. Buckallew, Attorney at Law Excerpt from book entitled Arizona DUI/Criminal Traffic Defense Strategies written by Attorney Trent R. Buckallew The Law Offices of Trent R. Buckallew, PC Arizona Criminal Defense Attorney

*All cases are factually different and prior success on individual cases is not a guarantee of future outcomes. The firm cannot, and does not make any guarantees as to the outcome of your 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.

Tempe DUI Defense

If you have been arrested for DUI in Tempe, contact a Board Certified Criminal Law Specialist to discuss your rights and legal options before making any decisions in your case. DUI litigation is a complex area of law and there are many variations of DUI related charges. While a first time DUI is usually charged as a misdemeanor, certain factors can also result in a DUI case being charged as a felony. DUI’s are commonly thought of as alcohol related offenses, but a DUI can also occur when drugs are involved as well. The type of DUI a person is charged with will determine what the penalties will be if convicted. As mentioned earlier, while many DUI cases are charged as misdemeanors, the range of penalties vary, depending on blood alcohol levels, prior DUI history, and other factors. This is also true for felony DUI cases – the penalties are considerably harsher the more serious the allegations are as well as other factors such as whether the case involved a vehicle collision, or resulted in serious injury or death of another person.

Felony DUI

A person can be found guilty of an Aggravated DUI (felony) if the person commits a violation as defined under § 28-1381 or Extreme/Super DUI as defined under § 28-1382 while the person’s privilege to drive is suspended, canceled, or revoked. Alternatively, a person can be charged with Aggravated DUI if a person commits a third DUI within a period of eighty-four months. Additionally, a person can be charged with Aggravated DUI if a person commits a DUI while having a child less than 15 years of age in the vehicle. Finally, a person can be charged with Aggravated DUI if they commit a DUI while being required to maintain an ignition interlock device. The maximum penalty for a first time Aggravated DUI can include: Incarceration in the Arizona Department of Corrections for 3.75 years, a 3-year license revocation and a maximum fine of $150,000.00 plus 84% surcharge. The minimum penalty in these cases often requires: a minimum mandatory 4 months in the Arizona Department of Corrections, up to 10 years of probation, 3 year license revocation, $750.00 fine plus surcharge, $250.00 DUI abatement fund, $1,500 prison construction fee, $1,500.00 state general fund, and an ignition interlock device. The prison term can be increased to 8 months minimum if the person has a total of 3 or more prior DUI convictions in an 84 month period. An individual charged with felony DUI involving a child under 15 in the car, while possessing a valid driver’s license, can see the jail penalties reduced to levels within the misdemeanor offense category. Also, one can apply for and obtain a restricted license while on probation. The remaining felony terms would still apply. If you have been charged with Aggravated DUI, it is critical to hire an attorney who understands the complexities of the felony DUI laws in Arizona, as well as an attorney who understands the complex science involved in these types of cases. Mr. Buckallew is well versed in both criminal litigation, having earned his law degree in 1999, as well as understanding the scientific evidence inherent in DUI Defense, having earned a Master’s in Forensic Science degree in 2004.

DUI-Drugs

An individual can be prosecuted under the DUI statutes without having any alcohol in their system. If a person is impaired by any drug, or has any amount of an illicit drug in their system, they can be prosecuted under the Arizona DUI statutes. The penalties for a drug based DUI track the penalties of the various alcohol related DUI’s with one notable exception. If you are convicted for a drug based DUI, the minimum driver’s license revocation period is 1 full year for a misdemeanor offense, and 3 years for a felony offense. A drug based DUI presents its own unique challenges. Therefore, you should seek out and retain a criminal defense attorney knowledgeable in this complex area of DUI litigation.

If you have been charged with a DUI related offense in Tempe, AZ, including any misdemeanor or felony drug or alcohol related DUI, including 1st Time DUI, Underage DUI, Extreme DUI, Felony DUI, DUI Involving Injury or Death, or any other DUI related case, this Firm can help. Mr. Buckallew is a Board Certified Criminal Law Specialist, having been certified by the Arizona State Bar, Board of Legal Specialization which means he has proven significant experience in the practice of Criminal and DUI Defense. He focuses his practice primarily on criminal and DUI defense and belongs to many professional organizations, including the National College for DUI Defense, The American Academy of Forensic Science, and Arizona Attorneys for Criminal Justice. He was also named a Top 100 Trial Attorney by the National Trial Lawyers – 2012 & 2013.

Please contact the Firm today for a free consultation regarding any pending DUI case in Tempe or throughout the State of Arizona.

**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.

Avondale is one of the fastest growing cities in the West Valley, settled at the base of the Estrella Mountains and just a 15-minute commute from downtown Phoenix. Thousands of NASCAR and racing fans descend on this city each year, attending races at Phoenix International Raceway (PIR), which is a significant boost to the local economy. Located in the heart of the west valley, Avondale is also nearby the University Of Phoenix NFL Stadium – home to the Arizona Cardinals, as well as several baseball spring training facilities, including the Los Angeles Dodgers and the Chicago White Sox in neighboring Glendale; the Cleveland Indians and Cincinnati Reds in nearby Goodyear; the San Diego Padres and Seattle Mariners in Peoria; and the Kansas City Royals and Texas Rangers in Surprise. Being centrally located in the west valley, with close proximity to many sporting events, year round entertainment, educational opportunities, shopping, dining and family activities, Avondale continues to grow and its population is expected to double in the next 5-7 years from its current population of around 76,000.

Law enforcement in Avondale is handled primarily by the Avondale Police Department and misdemeanor criminal complaints are generally filed in the Avondale City Court while felony criminal complaints are generally filed in the Maricopa County Superior Court. If you are arrested by AZ Department of Public Safety (DPS) or another law enforcement agency, your case may be handled in one of the west valley justice courts, including Country Meadows Justice Court, White Tank Justice Court, Agua Fria Justice Court or one of the other west valley justice courts.

The Firm represents individuals facing criminal charges throughout Phoenix and the West Valley, including criminal cases in Avondale and surrounding areas. Mr. Buckallew is a Board Certified Specialist in Criminal Law, having been certified by the State Bar of Arizona. He has handled a wide range of criminal cases, from simple misdemeanor criminal speeding tickets to very serious and complex felony homicide cases, DUI and Drug cases, Assault and Disorderly Conduct cases, Domestic Violence cases, Juvenile Crimes cases, Underage Drinking, and many other criminal cases. The Firm also handles matters involving Orders of Protection, Restraining Orders and Injunctions against Harassment. If you have been charged with any criminal violation in Avondale, the Firm can help.

Contact the office to arrange a free consultation regarding any pending criminal charge in Avondale or surrounding areas.

**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.

According to a recent report in The State Press (8/21/13), Tempe police officers began increasing their patrols with the start of the fall semester at ASU. They have launched a task force – Operation Safe and Sober – which will include saturation patrols around campus and surrounding areas in Tempe, beginning August 15 and continuing through the end of the month. Tempe police officers will be on the lookout for minors consuming alcohol, driver’s under the influence of alcohol (or drugs), out-of-control parties and other related criminal violations. Their goal is to try and send a message to students early in the school year in an effort to help alleviate potential trends in these types of activities. The Tempe Police Department will also be working the night DUI task force with officers from other agencies, including MCSO, Scottsdale PD, Gilbert PD, Mesa PD and ASU PD. In addition to DUI and party patrols, officers will also focus on traffic violations, aimed primarily at pedestrians and bicyclists. While warnings will be issued during the first week of school for traffic violations, officers will begin strict enforcement of alcohol related violations right away.

Since the launch of Operation Safe and Sober, Tempe PD reported 371 arrests during the first week and another 486 arrests during week two of the campaign. Of the 371 arrests during the first week, there were 111 Minor in Possession of Alcohol arrests, 91 DUI arrests, 17 Extreme DUI arrests, 14 DUI-Drugs arrests, 6 Underage DUI arrests, 2 Aggravated DUI arrests and 54 calls for loud parties, among other various arrests. Arrests during the second week of the campaign include 208 for Minors in Possession of Alcohol, 85 for DUI, 68 calls for loud parties, and 14 for Minors, under the age of 18, in possession of alcohol.

Tempe PD has also incorporated an educational facet to this campaign and has been talking with students regarding alcohol, laws and safety measures.

If you have been charged with any type of crime, the Firm is experienced in representing ASU students who have been charged with all types of crimes, including Minor in Possession of Alcohol, Underage DUI, Drug related charges, Disorderly Conduct charges and countless other related criminal violations. If you were cited by ASU PD or Tempe PD, you will likely be appearing in the Tempe Municipal Court in downtown Tempe, or the University Lakes Justice Court in Chandler. Mr. Buckallew has handled countless cases in both of these courts and has a track record of successfully resolving many of these cases. Mr. Buckallew is a Board Certified Specialist in Criminal Law, which means that he has proven experience in criminal law and has met the rigorous requirements to qualify for this certification by the State Bar of Arizona.

Contact the Firm today to arrange a free consultation regarding any pending criminal case in Tempe, or throughout the Phoenix area.

**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.

If you have been arrested for any type of DUI violation in Chandler, AZ or any surrounding areas, it is advisable to seek the assistance of an experienced Chandler Criminal Defense Attorney before making any decisions in your case. Aside from the complexities involved in litigating DUI cases, DUI penalties in the State of Arizona are some of the harshest in the country. A DUI case requires an attorney with knowledge of the forensic science involved in both breath and blood testing. Each method has its own potential error sources and each method has its own unique vulnerabilities. In this article we will discuss breath based DUI’s – blood based DUI’s will be covered in the near future.

The purpose of an itemized discovery request should be to obtain the necessary documents to establish that the individuals operating the various machines were qualified to operate them, and to verify that the machine in question was performing, at a minimum, consistent with established legal standards. (Note: This does not necessarily mean the machine was working properly.) Finally, obtaining exhaustive discovery allows your attorney an opportunity to discover when various machines were not functioning properly, or when established procedures and protocols were not followed. The specific items of information needed will be different for each case, but at a minimum, your request should seek to discover the following items in a breath case:

• A copy of the investigating police officer’s Operator Permit Card showing that the officer was qualified to administer the breath test utilizing the make and model of the machine used in this case as required by AAC R-13-10-105(C)(1);
• A copy of the Quality Assurance Specialist (QAS) permit card issued to the QAS officer assigned to the breath machine used in the instant case as required by AAC R-13-10-105(C)(2);
• A copy of the print card showing the breath test results along with a copy of the Operational Checklist as required by AAC R-13-10-105(B);
• A copy of the 31 day calibration test results performed by the QAS as required by AAC R-13-10-104(A)(2).
• The records should cover at least three 31-day checks preceding the breath test under scrutiny, and at least three 31-day checks following the test in question;
• A copy of the 90-day quality assurance check as required by AAC R-13-10-104(A)(3). The records should cover the 90-day check that preceded the test under scrutiny, and the 90-day quality assurance check performed by the QAS following the test in question;
• A copy of the maintenance and repair records maintained by the QAS pursuant to AAC R-13-10-104(A)(5) documenting any repairs made to the machine and/or any malfunctions of the machine covering a period of at least 1 year prior to the test and 1 year subsequent to the test in this case.

These documents represent only a starting point for a proper investigation. Each case is unique and may require additional documentation not listed here. In many cases, you may be able to obtain digital data from the machine either stored locally, or downloaded to a central database, that will provide additional insights into the overall performance of the machine. In some cases, this additional digital data may undermine the veracity of the documents originally provided in discovery – leading to new challenges to prevent admission of the evidence or possibly even dismissal of your case.

Mr. Buckallew is a Board Certified Criminal Law Specialist, having been certified by the Arizona State Bar, Board of Legal Specialization. This means that he has shown significant experience in criminal law, has demonstrated a high degree of professionalism, competence and integrity, and has met all other requirements and qualifications set forth by the AZ Board of Legal Specialization. Mr. Buckallew has handled countless DUI cases in Chandler, including misdemeanor DUI charges in the Chandler Municipal Court, Kyrene Justice Court, San Marcos Justice Court, San Tan Justice Court and University Lakes Justice Court, as well as felony DUI cases in the Maricopa County Superior Court. He has a proven track record of successfully resolving many of the DUI cases he has handled over the course of his career – ranging from acquittals after trial, dismissals and reduction in charges.* Each case is unique and the Firm provides a free consultation to discuss your legal options. If you have been charged with a 1st Time DUI, Extreme DUI, Aggravated DUI, Underage DUI or any other DUI in Chandler, AZ, contact the Firm to schedule a no obligation meeting with a Board Certified Criminal Defense Attorney.

Copyright © 2011 Trent R. Buckallew, Attorney at Law Excerpt from book entitled Arizona DUI/Criminal Traffic Defense Strategies written by Attorney Trent R. Buckallew The Law Offices of Trent R. Buckallew, PC Arizona Criminal Law Specialist

*All cases are factually different and prior success on individual cases is not a guarantee of future outcomes. The firm cannot, and does not make any guarantees as to the outcome of your 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.

If you were arrested for a misdemeanor DUI in Scottsdale, you will likely be cited into the Scottsdale Municipal Court, located at 3700 N. 75^th Street in Scottsdale, AZ. You may also be cited into the McDowell Mountain Justice Court or the Desert Ridge Justice Court if you were stopped along the 101 Highway – both of these courts are located at 18380 N. 40th Street in Phoenix, AZ. Scottsdale 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 “Factual Defenses” which may be advanced in your case.

What are “Factual Defenses”? Factual defenses can be quite complicated in DUI cases due to the large amount of scientific evidence that is normally involved in prosecuting these cases. A more specific (and more complicated) discussion of various factual defenses arising in the context of breath and blood evidence will be covered in future blog articles. Here, we will limit our discussion to a general overview of the categories of potential factual defenses that may arise in a given DUI case. Some of the more common defenses which may arise in the context of a DUI case include:

• General insufficiency of the state’s evidence;
• Not under the influence of alcohol — sober;
• Blood-alcohol level not over the legal limit during the relevant time frame;
• Not under the influence of drugs — for drug DUI cases involving impairment allegation;
• Not in actual physical control of the vehicle during the relevant time frame;
• Invalidity, inaccuracy, or insufficiency of the results of the testing method;
• Physical disability or poor health of the accused;
• Mechanical or operating defects of the vehicle;
• No valid refusal of the breath or blood test;
• Alternate explanation for poor driving;
• Alternate explanation for poor performance on the field sobriety tests;
• Alternate explanation for nystagmus (HGN) of the eyes;
• License not suspended, or had no personal knowledge of the suspended license (for felony cases).

This list is by no means an exhaustive list of every potential factual defense that may be available in your case. Every case is unique and your case may very well present factual defenses not listed above. 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 factual 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. Mr. Buckallew is a Board Certified Specialist in Criminal Law – Certified by the Arizona State Bar. He has significant experience in litigating all types of DUI and criminal cases and has a proven track record of successfully resolving countless cases throughout the course of his career.

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 both the Scottsdale City Court, McDowell Mountain Justice Court, Desert Ridge 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. Contact the Firm today for a free consultation regarding your Scottsdale 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.

Arizona DUI/Criminal Traffic Defense Strategies (e-book)

Copyright © 2011 Trent R. Buckallew, Attorney at Law

The Law Offices of Trent R. Buckallew, PC

Arizona Criminal Defense Attorney, 1201 S. Alma School Rd. #11550

Mesa, AZ 85210 – (602) 825-3300

Fri. May 24 5:00 p.m. Loop 202 & Dobson Rd. Tempe
Sat. May 25 6:00 p.m. Tempe Fire Training Facility, 1340 E. University Dr. Tempe
Sun. May 26 3:00 p.m. 7300 E. Shoeman Galleria Scottsdale

See Media Release here

Contact the Firm if you have been arrested for a DUI in Tempe or surrounding areas – the Firm defends all types of DUI related charges including 1st Time DUI, Extreme DUI, Super Extreme DUI, felony Aggravated DUI, Underage DUI, Minor in Consumption / Minor in Possession, DUI involving injury or death, and any other drinking related violation. Mr. Buckallew has handled countless DUI related cases in the Tempe Municipal Court, University Lakes Justice Court, Maricopa County Superior Court and has a reputation for zealously defending each and every client he represents.

**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.

According to a recent news release by the Mesa Police Department, they will be participating in the annual East Valley Memorial Day DUI Task Force. These operations will consist of both sobriety checkpoints as well as DUI saturation patrols throughout the East Valley. The task force will be employing a zero-tolerance approach to any driver found to be impaired either by alcohol and/or drugs, and also any underage driver or passenger with alcohol in their system. Law enforcement is reminding people to enjoy the holiday, drink responsibility and either designate a sober driver, call a cab, or ride the light rail.

If you have been arrested for a DUI or any other criminal violation, it is important to understand your rights. Before police begin questioning a suspect, he/she is required to read you a Miranda warning, reminding you of your rights. Listed below is an example of typical language used in a Miranda warning:

• You have the right to remain silent and refuse to answer questions. Anything you say may be used against you in a court of law.
• You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
• If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
• If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney

Whether you are in custody, or out of custody, it is important to understand that you should not speak with anyone about your case except your attorney. This is especially true if you are in custody, as all of your communications can be monitored, especially communications on jail telephones. Communications with your attorney are protected and privileged, including communications over the jail telephones. Therefore, do not communicate with anybody about your case other than your attorney. This applies to individuals who are in custody and out of custody.

If you are under investigation for or have already been with a DUI violation, the Firm can help. Mr. Buckallew has defended countless DUI cases over the course of his career and has a proven track record of successfully resolving many of these cases.

Contact the Firm today to arrange a free consulation regarding your 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.