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Articles Tagged with Gilbert DUI Defense Lawyer

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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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Law enforcement agencies across the Valley and throughout the State of Arizona partnered up for their annual DUI Task Force operations and conducted saturation patrols and checkpoints, enforcing DUI and other traffic laws over this past Labor Day weekend. As in years past, officers made thousands of traffic stops – more than 11,000 – and nabbed several hundred driver's for DUI, although, the final numbers represent fewer arrests than in previous years.

According to reports from the Governor's Office of Highway Safety, officers made a total of 564 DUI arrests – 60 of those arrests were for Aggravated DUI with 37 of those due to prior arrest records, and the remaining Aggravated DUI arrests resulted from either driving on a suspended/restricted/revoked driver's license or driving with a minor child (under the age of 15) in the car. An Aggravated DUI is classified as a felony, and can be charged as either a Class 4 Felony (if for example, this was a 3rd DUI or a license issue) or a Class 6 Felony (if for example, there was a minor child in the car).

The remaining 504 DUI arrests were cited as Misdemeanor DUI charges, with 170 arrests for Extreme DUI, meaning that the driver's blood alcohol content (BAC) was 0.15 or higher. Another 41 arrests were for Under 21 DUI (Underage DUI), and 154 Under 21 Liquor Violations – likely Minor in Consumption, Minor in Possession or Underage Drinking violations. There were also 92 DUI Drug arrests, which involve having any narcotics drugs, illegally obtained prescription medications, marijuana, or any other prohibited substances or their metabolites in your system.

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According to recent reports by the AZ Republic, police made nearly 550 arrests of suspected drunken drivers over this past holiday weekend. The state's DUI Task Force had over 1,800 officers from many agencies working DUI checkpoints across the state, including the East Valley DUI Task Force and law enforcement officers from Mesa Police, Chandler Police, Gilbert Police, Phoenix Police, ASU Police, Department of Public Safety (DPS), and Maricopa County Sheriff's Office (MCSO). Of those arrested, 148 were charged with Extreme DUI (BAC of 0.15 or more) and 19 were charged with Underage Drinking. In addition to DUI enforcement, law enforcement agencies across the valley are also looking to raise awareness about seat belt use, and the "Buckle Up Arizona …. It's The Law" campaign includes police departments from Phoenix, Glendale, Goodyear, Peoria, Buckeye and the Maricopa County Sheriff's Office (MCSO). These efforts will run through June 3rd and authorities aim to increase awareness about seat belt use and not drinking and driving.

If you were charged with DUI, Extreme DUI, Super Extreme DUI, Aggravated DUI, Underage DUI, Minor in Consumption, Minor in Possession, or any other alcohol related violation, you may be able to defend these charges in court. The consequences can be significant and leave a permanent mark on your criminal record so it is critical to seek the advice of counsel to determine your legal options before you make any decisions regarding your case. Penalties associated with DUI related charges can include jail time, significant fees/fines, community work service, alcohol classes and treatment, license suspension, interlock ignition requirements and other long lasting consequences.

Mr. Buckallew is not only experienced in DUI and criminal defense, with extensive trial experience, he also holds a Master's in Forensic Science (M.F.S.) degree, giving him unique insight and expertise in challenging the scientific evidence inherent in DUI 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. Early involvement by the Firm is critical to ensure that your rights are protected throughout every stage of the case. The attorney will conduct a thorough investigation of the discovery in your case, including police reports, blood/breath/urine tests, field sobriety tests, witness statements, photographs, audio/video recordings, and any other evidence the state plans to present. Through the course of his investigation, the attorney will identify any potential legal, factual or procedural weaknesses or any constitutional violations in the case and determine the best course of action in resolving the case under the most favorable terms possible. Every case presents with a unique set of facts and you should consult with an experienced attorney to determine how best to proceed in your case.

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