Apache Junction Municipal Court Criminal Cases

If you were cited for a misdemeanor criminal violation by the Apache Junction Police Department, within the city limits of Apache Junction, you were likely cited into the Apache Junction Municipal Court. The types of cases which could be cited into this court could include, DUI (1st Time DUI, Extreme DUI, Super Extreme DUI, Underage DUI), Assault, Disorderly Conduct, Criminal Damage, Domestic Violence or any other criminal misdemeanor charges. The courthouse is located at:

300 East Superstition Boulevard, Apache Junction, AZ

The Court operates on a 4-day schedule and the hours of operation are Monday-Thursday 7:30 AM – 5:30 PM.

As with any courtroom, the Apache Junction Municipal Court has certain standards of conduct and etiquette in the courthouse. While formal attire is not required, clothing should be free of offensive/controversial slogans, no hats, or cut-off shorts. Recommended attire would be conservative clothing, ‘business casual’ or something you would wear to church. Your appearance should not distract from your case or your defense. Your attorney will give you more specific instructions regarding what your role in the courtroom will be, as this will depend on the various types of hearings in criminal cases.

The most common types of cases we typically see in the Apache Junction Municipal Court, include DUI (including 1st Time DUI, Extreme DUI, Super Extreme DUI, and Underage DUI), Disorderly Conduct, Domestic Violence, Shoplifting and Assault. At this Firm, we have experience handling all types of misdemeanor (and felony) criminal cases in the Apache Junction Municipal Court and in courts throughout the Valley as well as statewide.

If you have been charged with any criminal case in Apache Junction, please contact the office for a free evaluation of your case. You will meet with a Board Certified Criminal Law Specialist – Attorney Trent Buckallew, who will discuss both the details of your case as well as the legal defenses which may be pursued in your case. With nearly 20 years of experience in litigating criminal and DUI cases of all types, Mr. Buckallew can answer any questions you have regarding the court process, defense and litigation goals and the best course of action in 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.

First Time DUI Penalties in Mesa

If this is the first time you have ever been arrested for a DUI, you are probably wondering whether you will have to serve any time in jail, whether your driver’s license will be suspended and what types of fines/fees and other costs you might be subject to if you are convicted.

The penalties for a 1st time DUI offense (within 84 months), a Class 1 Misdemeanor, will depend upon your blood alcohol content (BAC):

Jail Time

If you are impaired to the slightest degree (<0.08), or if you are at a 0.08 or greater (but less than 0.15), or if this is a drug based DUI, the minimum jail time is 10 days. If you are at 0.15 or greater (but less than 0.20), the minimum jail time is 30 days. If you are at 0.20 or greater, the minimum jail time is 45 days.

A Judge can reduce the minimum jail time from 10 days down to 1 day upon completion of court order drug/alcohol screening and treatment (for standard offenders); reduce the minimum jail time from 30 days down to 9 days (for Extreme DUI‘s); and reduce the minimum jail time from 45 days down to 14 days (for Super Extreme DUI’s) if the driver installs/maintains an ignition interlock device for a period of 12 months.

Fees/Fines/Assessments

The fines, fees and assessments for a 1^st Time DUI offense (within 84 months) will also depend upon your blood alcohol content (BAC):

If you are Impaired to the slightest degree, or at a 0.08 or greater (but less than 0.15), or drug based DUI the fees/fines are $1,529.10; if you are a 0.15 or greater (Extreme DUI) the fees/fines are $2,779.10; if you are at a 0.20 or greater (Super Extreme DUI) the fees/fines are $3,236.60.

Other costs include jail costs, ignition interlock costs, cost for alcohol screening and classes, SR-22 car insurance policy and increased insurance premiums which can add up very quickly into several thousand dollars.

Driver’s License Suspension/Ignition Interlock

Your driver’s license will be suspended for 90 days on 1^st Time DUI offenses and there will also be a 12-month requirement for installing an ignition interlock device in your vehicle.

Other Penalties

Other penalties after a 1^st Time DUI conviction include completion of alcohol or drug screening and education programs and to participate in the Mothers Against Drunk Driving (MADD) Impact Panel.

Given the onerous penalties – including jail time and all the other costs involved – you should seek an experienced and competent Mesa DUI Attorney to fight your case and ensure the best outcome possible in your case.

Having defended countless individuals facing DUI charges in the Mesa Municipal Court, Attorney Trent Buckallew has extensive knowledge and experience in litigating DUI cases and reaching favorable resolutions on behalf of his clients. Mr. Buckallew is one of a very small percentage of attorneys in the Valley who has achieved Board Certification as a Criminal and DUI Specialist, which is an extremely rigorous process for attorneys. Certification requires support from judges, peers and opposing counsel, demonstration of superior knowledge, skill, integrity and professionalism, a written examination among other specific requirements set forth by the AZ State Bar.

Contact the Firm today for a free evaluation of your 1^st Time Mesa 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 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.

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.

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.

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.

Cinco de Mayo is a national holiday in Mexico marking a momentous time in history and has become a day of celebration and festivities in our country as well, particularly in bordering states such as Arizona. Festivities include indulging in Mexican food, dancing, parades, and of course, enjoying Mexican beer. Because it has become a big drinking holiday, law enforcement increases their patrol efforts, including establishing DUI checkpoints throughout this holiday weekend. According to a recent news article (AZCentral.com 5/5/13) police made 274 DUI arrests this past weekend (not including Sunday night) as a result of a statewide Cinco de Mayo saturation patrol effort. Of these 274 arrests, there were 74 Extreme DUI arrests, 36 Aggravated DUI arrests, 35 people who had prior DUI arrests and the average blood-alcohol content (BAC) cited was 0.153 percent – almost twice the legal limit of 0.08 percent.

An individual is charged with Extreme DUI, which is a misdemeanor violation, when their BAC is 0.15 percent or higher. Click here to learn more about Extreme DUI charges and penalties. A person can be charged with Aggravated DUI, which is a felony violation, in instances where there is a minor child (under the age of 15) in the vehicle, if the person’s driver’s license was suspended/revoked at the time of the arrest, or if this is your third DUI in a period of 7 years. Click here to learn more about Aggravated DUI charges and penalties.

Law enforcement will continue to maintain increased patrols throughout the month of May, particularly over Memorial Day weekend and during high school and college graduations. According to Sgt. Tim Bulson of the Tempe Police Department DUI unit, “May is going to be a very busy month” and “We want to make sure that the streets are safe… .” Law enforcement agencies will continue their increased patrols, with additional funding through the highway safety office, during the summer months when kids are out of school, families are heading out to the lakes and camping, celebrating summer holidays, including the 4^th of July and Labor Day, and enjoying backyard pool parties and barbecues. Remember to drink responsibly – have a (sober) designated driver or take a cab or the light rail.

If you are charged with a DUI – including Extreme DUI, Underage DUI, Aggravated DUI, DUI with Drugs, or any other DUI related violation, the Firm can help. Mr. Buckallew has litigated countless DUI cases over the course of his career, from First Time Misdemeanor DUI’s to DUI cases involving injury and death. He is well versed in criminal DUI laws in Arizona, has handled DUI cases throughout the state, 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.

“Get a DD…Not a DUI” is the message being touted by the Arizona Governor’s Office of Highway Safety (GOHS) as well as other AZ Law Enforcement agencies, to encourage people to use sober designated driver’s when consuming alcohol. The holidays are a time for celebration and the week between Christmas and New Year’s Eve is considered one of “the most intense weeks” of the year, according to law enforcement. Agencies increase their patrols considerably during the holidays and over 70 agencies participate, forming 12 organized DUI Task Forces across the state in an effort to reduce the number of DUI arrests. Arizona law enforcement agencies prefer employing saturated patrols in targeted areas rather then setting up the typical DUI checkpoints. According to Alberto Gutier, Director of GOHS, “The message that we’re trying to get out there is that we’re everywhere.” According to AZ law enforcement DUI arrest data, DUI arrests are up between 2011 and 2012, with Extreme DUI arrests rising from 788 in 2011 to 888 in 2012. Individuals are charged with Extreme DUI if their blood alcohol content (BAC) is measured at greater than .150 percent. Law enforcement officers are trying to get the message out there to either have a designated driver, call a cab, or ask a friend or family member to pick you up if you have consumed alcohol.

Check out our website for more information regarding DUI charges, Extreme DUI charges, Super Extreme DUI charges, Aggravated DUI charges, Underage DUI charges, and associated penalties if convicted of a DUI charge.

If you have been charged with a DUI, contact the Firm for a free consultation regarding your case. We handle all types of DUI and criminal charges throughout the Valley and Statewide. The Firm has a reputation for zealously representing each and every client and a proven track record of success.

The Apache Junction Justice Court is in Pinal County and located at 575 North Idaho Road, in Apache Junction, AZ. This court covers the San Tan Valley, Gold Canyon and Apache Junction. According to the court’s website, the Apache Junction Justice Court ranks at number 17 out of 80 Justice Courts in Arizona for total case filings in 2011. There were just over 2,000 misdemeanor case filings, which included 410 DUI case filings, 76 serious traffic case filings and a variety of other non-DUI criminal filings. There were also close to 700 Orders of Protection and Injunctions against Harassment filed last year.

If you have been issued a misdemeanor DUI or criminal traffic citation or received a summons by mail for a misdemeanor incident occurring in the San Tan Valley, Gold Canyon, or Apache Junction, you will most likely be required to appear in Apache Junction Justice Court.

The Firm represents individuals charged with any criminal violation in the Apache Junction Justice Court, including (but not limited to), 1st Time DUI, Extreme DUI, Disorderly Conduct, Domestic Violence, Assault, Drug Crimes, Juvenile Crimes, Theft, Shoplifting, Contributing to the Delinquency of a Minor, Furnishing Alcohol to a Minor, Probation Violation, Interfering with Judicial Proceedings, and any other criminal charge.

The Firm also represents individuals regarding any Order of Protection or Injunction against Harrasment matters, including hearings seeking to quash these orders. This Firm can represent either a Plaintiff or Defendant seeking representation during any court proceedings requested by either party. The Firm also represents individuals facing criminal charges resulting from allegations of violating a Protective Order or Interfering with Judicial Proceedings (Class 1 Misdemeanor), or any other domestic violence crime. Click here for additional information regarding Orders of Protection and Injunctions against Harrassment.

Mr. Buckallew has extensive experience in resolving all types of criminal and DUI cases, ranging from 1^st Time Misdemeanor DUI cases to very serious and complex Felony cases. He dedicates his practice to the defense of Criminal and DUI charges and is committed to zealously representing each and every client to ensure each case is resolved under the best terms possible. Mr. Buckallew has had a wide range of victories in both criminal and DUI cases, including trial acquittals, dismissals (on defense motions), reduction in charges, and other favorable outcomes. Mr. Buckallew was recently elected as a National Trial Lawyers Top 100 Trial Attorney for 2012. He belongs to many professional DUI and Criminal Defense organizations, such at Arizona Attorneys for Criminal Justice, in order to keep informed of changing laws and best practices in the industry. We encourage you to arrange a time to meet with the attorney to discuss your legal options and determine the best course of action in resolving your criminal or 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.

If you were arrested for allegations of driving under the influence (DUI) by the Gilbert Police Department, you were likely cited into the Gilbert Municipal Court, if you were charged with misdemeanor DUI violation(s). There are certain circumstances when a DUI can be charged as a felony, and if that is the case, you will most likely be appearing in the Maricopa County Superior Court. DUI charges are typically considered misdemeanor charges unless there are certain ‘aggravating’ factors being considered in your case, such as, driving on a suspended/restricted/revoked driver’s license at the time of the DUI; driving with a minor child (under the age of 15) at the time of the DUI stop; or if this is your 3^rd DUI within a period of 84 months. If you have been charged with any type of DUI violation by the Gilbert Police Department, contact a Gilbert DUI Lawyer for a free evaluation of your case. The Firm handles ANY criminal or DUI charge in the Gilbert Municipal Court, the Maricopa County Superior Court, or any other criminal court in the State of Arizona. Mr. Buckallew has a reputation for zealously defending his clients and has extensive experience from many years of practice as a criminal defense lawyer. He fights tirelessly on behalf of each individual client in order to achieve the best outcome possible in each and every case, as evidenced by the results he has achieved on behalf of his clients over the years.

The Gilbert Municipal Court is located at 55 East Civic Center Drive, just south of downtown Gilbert. The Court handles civil/criminal traffic (such as criminal speed, reckless driving and driving on a suspended license) and criminal misdemeanor violations (such DUI/DWI charges, disorderly conduct, assault, domestic violence and drug crimes), city ordinance and code violations, petty offenses, probation violations, protective orders and search warrants. The Firm frequently handles cases in the Gilbert Municipal Court and has had good success in resolving numerous cases in this Court.

Mr. Buckallew has extensive experience in resolving DUI cases, ranging from simple 1st Time Misdemeanor DUI cases to very serious and complex Felony Aggravated DUI cases. He dedicates his practice to the defense of Criminal and DUI cases and is committed to zealously representing each and every client to ensure cases are resolved under the best terms possible. Mr. Buckallew has had a wide range of victories in DUI cases, including trial acquittals, dismissals (on defense motions), reduction in charges, and other favorable outcomes. Mr. Buckallew was recently elected as a National Trial Lawyers Top 100 Trial Attorney for 2012. He belongs to many professional DUI and Criminal Defense organizations, such at the National College for DUI Defense, in order to keep informed of changing laws and best practices in the industry. We encourage you to arrange a time to meet with the attorney to discuss your legal options and determine the best course of action in resolving your DUI case.

Please visit our DUI Website for additional information regarding DUI Defense. We can also be found on Facebook, LinkedIn, Twitter and Avvo.

**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.

Although final numbers have not yet been released, as of early Sunday afternoon, close to 400 people had been arrested on suspicion of DUI as a result heavy enforcement statewide over the Labor Day weekend. According to the state Governor’s Office of Highway Safety (GOHS), there have been 382 DUI arrests since Wednesday. The breakdown includes 40 arrests for (felony) Aggravated DUI, and 342 for misdemeanor DUI, with 115 of those arrests for Extreme DUI (BAC of 0.15 or higher), and 62 arrests for DUI Drugs. While arrests are down from this time last year, the average blood-alcohol content has increased from 0.149 last year to 0.155 this year. The saturation patrols continued on Sunday and Monday, particularly around valley lakes and rivers — Monday was expected to be a busy day for law enforcement.

If you were cited by for any type of DUI, including Extreme DUI, Super Extreme DUI, Aggravated DUI, DUI-Drugs, Underage DUI, or any other DUI related violation, the Firm can help and provides free initial consultations. The Firm represents individuals in Scottsdale, Tempe, Chandler, Gilbert, Mesa, surrounding East Valley cities, Phoenix, surrounding West Valley cities, Pinal County, Gila County, Navajo County, Apache County and Statewide.

The Firm focuses its scope of representation on matters involving criminal and DUI litigation and has practiced in City Courts, Municipal Courts, Justice Courts and Superior Courts in just about every county in the State of Arizona. Mr. Buckallew has achieved successful resolution in countless DUI (and criminal) cases over the course of his career and has a reputation for aggressively fighting for the most favorable resolution possible on behalf of each of his clients. Aside from his law degree, Masters of Forensic Science degree, and many years of criminal and DUI litigation, Mr. Buckallew belongs to many DUI organizations to stay well informed of the complex and ever changing practice of DUI law. He belongs to the National College for DUI Defense (NCDD), the American Academy of Forensic Sciences (AAFS), the Arizona Attorneys for Criminal Justice, (AACJ) and others. Mr. Buckallew was also recently elected as a National Trial Lawyers Top 100 Trial Attorney for 2012.

Contact the Firm today for a free case evaluation.

**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.

Labor Day weekend is typically the final weekend of the summer for camping trips, boating at the lake, and other outdoor activities in the cooler, higher elevations outside the valley. It is also a time for end of summer celebrations, gatherings and other festivities. With this brings an increase in the number of drivers on the roadways and highways, and a greater likelihood of impaired drivers on the road. Other common violations during times of increased traffic can include, Aggressive Driving, Reckless Driving, Criminal Speed, and other criminal DUI and traffic violations. Law enforcement agencies across the Valley and throughout the State of Arizona will be out in force this weekend, setting up DUI checkpoints to enforce impaired driving and DUI laws. According to local news outlets (AZCentral.com), seven law enforcement agencies are partnering up in the Southeast Valley over the weekend, including Chandler, Gilbert, Mesa, Scottsdale, Tempe, and Apache Junction Police, as well as the Arizona Department of Public Safety (DPS), and officers will be looking for impaired drivers in an effort to keep everyone safe. The DUI Task Force Command Center will be set up in Scottsdale at the Scottsdale Stadium where officers will conduct field sobriety tests, perform blood draws, and handle other aspects of their patrol operations. In addition to DUI checkpoints, there will be an increased number of officers on duty, conducting saturation patrols throughout the valley. Up in the high country, the White Mountain DUI Task Force will include AZ DPS, the Pinetop-Lakeside Police Department, the Navajo County Sheriff’s Office, the Show Low Police Department, the White Mountain Apache Police Department, the Snowflake-Taylor Police Department, the Apache County Sheriff’s Office, and the Eagar and Springerville Police Departments. They will have a checkpoint set up on SR 260 near milepost 354 to detect and apprehend impaired motorists and ensure the safety of driver’s on the highway.

Remember to drink responsibly and use a designated driver or call a cab. In the event you are stopped for allegations of driving while impaired with alcohol or drugs, it is important to keep in mind that, 1) You should provide the officer with your driver’s license, but you have the right to refuse to answer any questions, 2) You have the right to refuse to do any field sobriety and HGN testing, 3) You should contact your attorney before agreeing to submit to breath or blood testing. Keep in mind that your refusal to submit to field sobriety testing or HGN testing may be brought up by the prosecutor during trial. Additionally, your refusal to submit to a breath or blood test will result in a 1-year suspension of your driver’s license. There may be certain circumstances when your attorney may advise you not to submit to chemical tests, so it is important to consult with your attorney before making any decisions regarding this testing and the consequences upon refusal.

DUI cases are taken very seriously in the State of Arizona and penalties can be extremely harsh if you are convicted of a DUI related charge. The consequences can create significant hardship on a person, beginning with the possibility that your vehicle may be impounded for 30-days and you may receive a 90-day license suspension at the time of your arrest. NOTE: You will have 15 days before the suspension goes into effect and also to request an MVD hearing – otherwise, the suspension will be in effect 15 days from the date you were served with the ‘admin per se’ (license suspension) paperwork, which is usually the same day as your arrest. Other penalties, if convicted, include the possibility of jail time (depending on your BAC level, prior DUI history and other factors), probation, fees and fines, alcohol screening and classes, community work service, ignition interlock device and other consequences. Please visit our DUI website for more details regarding DUI charges, DUI penalties, field sobriety testing, blood and breath testing, implied consent, and other DUI related topics.

If you have been charged with any type of DUI – regular DUI (over 0.08 BAC), Extreme DUI (0.15-0.20 BAC), Super Extreme DUI (over 0.20 BAC), Underage DUI (DUI under the age of 21), Aggravated DUI (due to having a minor child in the car, or a suspended/revoked driver’s license, or were involved in a car accident, or if other ‘aggravating’ factors played a role in your DUI), or any other DUI related charge involving drugs or alcohol, the Firm can help. We dedicate our practice to criminal and DUI litigation and have successfully handled countless DUI matters in courts throughout the Phoenix area and just about every County in the State of Arizona, including City/Municipal Courts, Justice Courts and Superior Courts. Mr. Buckallew has a reputation for zealously representing each and every client and personally handles each case from beginning to end. He is committed to working with each client to achieve the best outcome possible in each case.

Contact the Firm today for a free evaluation of your 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.