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Articles Tagged with Gilbert DUI Defense Attorney

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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:

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When you have been arrested for a DUI, you need a reliable Mesa DUI lawyer on your side. From your arrest to your final hearing, you will want someone there to help you work through your charges and to defend you against the prosecution. Without a good lawyer there, you may be arrested and sentenced with penalties that accompany a DUI. These may include jail time, an ignition interlock device license suspension, fines, community service, or mandatory DUI school, just to name a few. Without an attorney that can help, you may end up in a grave situation.

With a DUI, there are actually two trials. You will need to attend a court hearing regarding your offense. If proven guilty, the judge has the right to sentence you to jail time, prison time, community service, probation, etc. You will then need to attend a MVD hearing regarding your crime. This hearing only concerns your ability to drive. You will need to give reasons why you have the right to keep your license, and then argue for this in the hearing. You can bring a lawyer with you to this appointment, if you have located an attorney that is willing to represent you. Mr. Buckallew is more than willing to help you with your cases and to attend all hearings regarding your crime and your license suspension.

With over 13 years of experience, Mr. Buckallew knows what he is doing. He is licensed to practice law all throughout the state of Arizona, which means that he can serve clients that are located just about anywhere within the state. He serves the residents of Phoenix, Tempe, Scottsdale, and all of the East Valley on a regular basis when they are caught in a difficult DUI situation. Mr. Buckallew has a passion for knowledge, which is why he attended Arizona State University to obtain a Bachelor of Science in Justice Studies. Immediately upon graduation, he sought higher education at the California Western School of Law, where he earned his Juris Doctor.

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While many DUI charges are classified as misdemeanors in the State of Arizona, there are certain circumstances when DUI charges may be classified as a felony, or 'Aggravated DUI'. If your case was filed in Maricopa County Superior Court, or any other County Superior Court, then it is likely being charged as a felony. Misdemeanor DUI cases are generally filed in City/Municipal Courts or Justice Courts. The primary factors in felony Aggravated DUI charges include:

  • Driving on a restricted, suspended or revoked license at the time of the DUI (Class 4 Felony)
  • Driving with a minor child (under the age of 15) in the car at the time of the DUI (Class 6 Felony)
  • Two prior DUI/DWI/OUI convictions (in any state) within the past 84 months (Class 4 Felony)
  • If you are required to equip your vehicle with an ignition interlock device at the time of the DUI (Class 4 Felony)

While misdemeanor DUI charges are not taken lightly in Arizona, Aggravated DUI cases are considerably more serious and as such, result in much harsher penalties. The jail or prison terms follow the statutory requirements for Misdemeanor DUI charges – regular DUI, Extreme DUI and Super Extreme DUI, and with no prior felony convictions, the range for an Aggravated DUI (Class 6 Felony) with a minor child in the car is a minimum of 1 day in jail up to a maximum of 2 years in the department of corrections (prison). Additionally, the court fees and fines are nearly $5,000, license is revoked for 1-year (with possibility for restricted driving), up to 10 years' probation (plus probation fees), alcohol screening and classes (plus cost of screening/classes), community work service, possible SR22 insurance, 1-2 year ignition interlock, depending on BAC level (plus cost to rent device), Victim Impact Panel (MADD), and a felony record (which is forever allegeable). The jail or prison term for an Aggravated DUI (Class 4 Felony)with no prior felony convictions is a minimum of 4 months (which can be reduced to 24 days if eligible for Continuous Alcohol Monitoring Program) and up to a maximum of 3.75 years in the department of corrections. Additional penalties include court fees and fines of nearly $5,000, a 1-year license revocation, probation up to 10-years (plus probation fees), alcohol screening and classes (plus cost of screening/classes), community work service, possible SR22 insurance, 2-years ignition interlock device (plus cost to rent device), Victim Impact Panel (MADD), and a felony record (which is forever allegeable).

Given the serious, costly, and long-term impact of a felony Aggravated DUI conviction, it is critical to seek the advice of experienced DUI counsel before making any decisions in your case. Mr. Buckallew has extensive experience litigating DUI cases, including very serious and complex felony DUI charges, and has a proven track record of successfully resolving countless DUI cases over the course of his career. The Firm handles cases in East Valley Cities, including Scottsdale, Tempe, Gilbert, Mesa, Paradise Valley and Queen Creek, as well as Phoenix, West Valley Cities, throughout Maricopa County and Statewide.

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An extreme misdemeanor DUI includes driving under the influence of alcohol with a BAC above a .15, but less than .20 (ARS 28-1382). If you have been charged with an extreme misdemeanor DUI charge, the government may impose harsh penalties, if convicted. The maximum jail time for an extreme DUI is 6 months. The minimum jail time is 30 days (21 may be suspended if ignition interlock device is installed on vehicle for 12 months). Fines and fees for an extreme DUI can total nearly $3,000 (including a $250.00 fine, plus 84% surcharge, $250.00 DUI Fund, $1,000 prison fund, $1,000 Public Safety Equipment Fund, and other fees). Additional fees can include jail costs, probation fees, and cost for interlock ignition device (approx. $800-$1000 for 12 months). In addition to financial penalties, an extreme DUI conviction may result in a 90-day license suspension (30-day full suspension; then 60 days restricted driving permit to drive to/from work/school). Other penalties following a DUI conviction can include, possibility of probation (up to 5 years), alcohol / drug screening and classes, community work service, possibility of SR22 insurance (increased insurance rates), and interlock ignition device requirements (for alcohol related DUI).

When facing DUI charges and the significant consequences if convicted, it is critical to consult with an experienced attorney regarding your legal options before you make any decisions regarding your case. Mr. Buckallew is an experienced DUI lawyer with extensive trial experience in both DUI and criminal cases. The Firm will vigorously advocate on your behalf, and has a proven track record in successfully resolving serious and complex criminal and DUI cases. The Firm handles DUI cases in Scottsdale, Phoenix, Gilbert, Mesa, Chandler, Tempe, West Valley cities and throughout the State of Arizona.

Contact the Firm today for a free consultation, with an experienced and aggressive criminal defense attorney, regarding your DUI case.

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Penalties – 1st Time Misdemeanor DUI in AZ

A first time misdemeanor DUI includes violations involving, impaired to the slightest degree, above a .08 (BAC), any drug, any drug metabolite, or vapor releasing substance (ARS 28-1381). If you have been charged with a 1st time misdemeanor DUI charge, the penalties can be significant and the consequences long lasting. The maximum jail time for a misdemeanor DUI is 6 months. The minimum jail time is 10 days (9 may be suspended upon successful completion of alcohol classes or Continuous Alcohol Monitoring Program). Financial penalties for a first time DUI are steep and can include fines, court assessments and surcharges of approximately $1500.00, plus additional costs for alcohol screening and classes, jail costs, MADD Victim Impact Panel, and interlock ignition device (approximately $800-$1,000 for 12 months). In addition to financial penalties, a 1st time DUI conviction may result in a 90-day license suspension (1 year revocation if convicted of drug related DUI). Other penalties following a DUI conviction can include, possibility of probation (up to 5 years), alcohol / drug screening and classes, community work service, possibility of SR22 insurance (increased insurance rates), and interlock ignition device requirements (for alcohol related DUI). The penalties become more harsh if a person has prior DUI's, higher BAC levels, was involved in a car accident at time of DUI, had minor children in the car at time of DUI, or were driving on a suspended driver's license at time of DUI.

When facing DUI charges and the significant consequences if convicted, it is critical to consult with an experienced attorney regarding your legal options before you make any decisions in your case. Mr. Buckallew is an experienced litigator with extensive trial experience in both DUI and criminal cases. In addition to his law degree, he also holds a Master's in Forensic Science (M.F.S.) degree, giving him unique insight and expertise in challenging the scientific evidence in your case. The Firm will vigorously advocate on your behalf, and has a proven track record in successfully resolving serious and complex criminal and DUI cases. Early involvement by the Firm is critical to ensure that your rights are protected throughout every stage of the case. A full investigation of the evidence against you will be undertaken as the first priority. Through the course of his investigation, the attorney will identify any potential legal, procedural, or factual weaknesses in the case and determine the best course of action in resolving the case under the most favorable terms possible.

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Cinco de Mayo DUI Arrests

With Cinco de Mayo being one of the biggest drinking holidays of the year, the DUI Task Force conducted a statewide enforcement effort during the holiday weekend, setting up checkpoints in the East Valley, West Valley and other points statewide. This DUI Task Force campaign resulted in 433 DUI related arrests. Of those, 134 were for extreme DUI, which is twice the legal limit, and more than 50 people were booked for drug-related DUI's. (Fox 10 News)

The Firm handles both alcohol and drug related DUI charges in the East Valley, 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 (480) 988-7993 to arrange a free consultation regarding your case.

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