Scottsdale DUI Attorney - Law Offices of Trent R. Buckallew, PC

Scottsdale DUI Factual Defenses

Law Offices of Trent R. Buckallew, PC — Fri, 19 Jul 2013 07:00:00 GMT

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)

The Law Offices of Trent R. Buckallew, PC

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

Mesa, AZ 85210 – (602) 825-3300

More About Trent R. Buckallew

Law Offices of Trent R. Buckallew, PC — Tue, 13 Nov 2012 07:00:00 GMT

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.

Five years later, Mr. Buckallew graduated from National University with a Masters in Forensic Science. This addition degree sets him apart from the rest. In an abundance of DUI cases, forensics come into play. Investigators need to determine that the driver’s BAC was above 0.08 percent, or may need to check the suspect from drugs to see if he was under the influence of narcotics while behind the wheel. With Mr. Buckallew’s respected knowledge in forensic studies on your side, you will have a better chance at proving innocence.

Mr. Buckallew is a proud member of the American Academy of Forensic Sciences and the National College of DUI Defense. He is also a member of the Arizona Attorneys for Criminal Justice association, the American Civil Liberties Union, and the National Association of Criminal Defense Lawyers. He has even written an eBook called Arizona DUI/Criminal Traffic Defense so that he can share his knowledge with others who need information about DUI litigation. If you sign up and provide your name and e-mail address on Trent Buckallew’s website, then you can receive a copy of this publication free of charge.

Mr. Buckallew understands that when you were arrested for your DUI, you may have been terrified and unaware of what to do. As a result, maybe you tried to leave the scene of an accident, or refused a blood or breath test. If you are in this situation, Mr. Buckallew can help. He is also excellent when it comes to handling DUI cases where injury is involved and DUI’s that involve a minor. When you are dealing with a case like this, some people may tell you that you can handle the allegations on your own. This is not true. It often takes an expert attorney with years of experience to come alongside you and prove that your case is not sound. Whether you are fighting to avoid an ignition interlock device, or are trying to avoid a suspended driver’s license, you need a Phoenix DUI lawyer. Coming to court without one is like fighting a battle without a weapon. Mr. Buckallew is also a member of the American Psychology-Law Society and is in Division 41 of the American Psychological Association. He has completed the advanced trial skills academy at the Institute for Criminal Defense Advocacy so that he can better round out his set of talents in DUI defense.

Mr. Buckallew was featured as one of the Top 100 Trial Lawyers in The National Trial Lawyers for 2012, which is a high honor that only goes to the best attorneys in the state. On Avvo, Mr. Buckallew is rated with a 7.8/10. This is a “very good” rating which shows that Attorney Buckallew is endorsed not only by his colleagues but by his clients. Read more of his client testimonials here or click here to read the testimonials posted on Avvo. Check out the firm’s Google+ page, Facebook, and Twitter if you want more information and would like regular news updates concerning what is going on in DUI law in Arizona. The firm also keeps a regular blog where attorneys and staff will write about current DUI arrests in the state or new law changes to make note of.

Mr. Buckallew is always up to date on what is going on in the law. This means that he is trustworthy when it comes to giving legal advice. Mr. Buckallew has even been asked to speak at the APDA Statewide Conference because of his helpful wealth of information. You can hear from Mr. Buckallew yourself by clicking on our video vault. Attorney Buckallew is not daunted by the seriousness of an aggravated DUI, extreme DUI, or super extreme DUI. He wants to help anyone in need and will take your case personally. To obtain advocacy from Mr. Buckallew, you can call our office at (602) 825-3300. We offer free initial consultations to all our clients.

Scottsdale Amps Up DUI Enforcement

Law Offices of Trent R. Buckallew, PC — Fri, 14 Sep 2012 07:00:00 GMT

The Scottsdale Police Department was recently awarded a $150,000 grant from the Governor’s Office of Highway Safety. They plan to use these funds to ramp up DUI enforcement operations such as DUI checkpoints, cracking down on drunk driving during local events, and costs incurred from Scottsdale’s participation in the East Valley DUI Task Force. They also intend to train more officers to become “drug recognition experts” to better enable officers to identify the upward trend of drug-impaired drivers. Additionally, more officers will become certified phlebotomists so they can draw blood on scene instead of transporting suspects to local hospitals. With more funding and resources dedicated to DUI enforcement, and focusing on areas such as the downtown district in Scottsdale with nearly 50 bars within a few square miles, officers hope to increase awareness around “knowing your limits” and using designated drivers.

In the event you are charged with a DUI in Scottsdale, or any surrounding areas, this Firm can help. Mr. Buckallew has extensive experience in litigating DUI cases and has handled all types of DUI’s ranging from misdemeanor 1st Time DUI charges to complex felony Aggravated DUI cases. He has successfully resolved countless DUI cases over the course of his career, including acquittals after trial, pre-trial dismissals and negotiating plea agreements resulting in a reduction of charges. Mr. Buckallew belongs to many professional criminal and DUI organizations, such as the National College for DUI Defense, in order to stay abreast of changes in DUI laws and to keep apprised of best practices within the legal community.

The penalties and long term consequences of a DUI conviction can be extremely burdensome and can include the possibility of jail time, probation, significant court fees and fines, ignition interlock requirements (plus the cost to rent the device), loss of driving privileges, possibility of increased insurance rates, criminal record, and in some cases a felony criminal record. Having a criminal record can jeopardize certain career aspirations, including various licensed professions and a felony record results in a loss of certain civil rights, such as the right to vote, right to hold public office, and the right to possess a firearm. If you have been charged with any type of alcohol or drug related DUI charge, this Firm can help. Given the significant consequences of a DUI conviction, it is critical to seek the advice of an experienced Scottsdale DUI Attorney before making any decisions in your case. There are many possible defenses for DUI cases, including Procedural Defenses — such as illegal stop, illegal detention, illegal arrest, and/or illegal search; Factual Defenses —such as not under the influence, not operating vehicle, mistaken identity, blood alcohol level not greater than .08 within 2 hours of driving, necessity, mechanical defects of vehicle; and Forensic Defenses — such as testing methodology failure, incompetent lab technicians, contaminated blood draw, breath machine failures and limitations, contamination issues.

Contact the Firm today for a free evaluation of your case. The Firm represents individuals in the Scottsdale City Court, and courts throughout the Valley, including in Gilbert, Chandler, Mesa, Tempe, Queen Creek, Phoenix and all surrounding areas.

Tempe DUI – Independent Blood Testing

Law Offices of Trent R. Buckallew, PC — Thu, 13 Sep 2012 07:00:00 GMT

If you have been charged with a DUI in the Tempe, AZ or surrounding areas, it is important to seek the advice of an experienced Tempe DUI attorney as soon as possible after being stopped by law enforcement. By doing so, your attorney can guide you through the arrest process and help ensure your rights are protected, including your right to secure an independent alcohol test. As part of its DUI investigation, a police officer may conduct various tests to determine impairment, including field sobriety testing (FST) as well as utilizing a portable breath machine on scene to measure your blood alcohol content (BAC). It is important to understand that if you are arrested for DUI/DWI, you have the right to secure your own independent alcohol test and the police must make reasonable efforts to facilitate this request. While the state has no obligation to gather evidence for a suspect, it must allow a fair opportunity for the suspect to gather potentially exculpatory evidence and to affirmatively advise the suspect of their right to do so in cases where the police are not obtaining a blood sample by way of implied consent. Keep in mind, if you are going to get an independent sample (at a nearby hospital or doctor’s office), you will need to get this done as soon as possible after your arrest, and at your own expense. As with most decisions that will need to be made during the course of your DUI court proceedings, there are benefits and challenges to requesting an independent blood test and it is ideal to consult with an attorney prior to making this and other decisions regarding your DUI case.

A DUI conviction can result in significant consequences, including steep fees and fines, possible incarceration, probation, ignition interlock requirements, alcohol treatment classes and other long lasting consequences, including a criminal record and the potential for increased insurance rates. Other challenges an individual may face as a result of a DUI arrest may include loss of driving privileges for a certain amount of time which can cause significant hardship to those who rely on transportation for commuting to and from work, school or fulfilling other obligations in life. DUI litigation is a complex area of law and there are many different aspects an attorney will want to address when challenging state’s evidence, which can include the police report, results from any field sobriety testing (FST) that may have been performed during the DUI investigation, and also the results of any bodily fluids (such as blood or urine) that may have been taken to determine blood alcohol content (BAC) levels. Attorney Trent Buckallew has significant experience in litigating DUI matters in the City Tempe and throughout the State of Arizona, from first time DUI’s to very serious and complex Aggravated DUI cases. He has a proven track record of success and a reputation for vigorously defending each and every client in court. To keep well informed of the complex area of DUI law, Mr. Buckallew also belongs to many professional DUI organizations such as the National College for DUI Defense, and has also recently been elected as a National Trial Lawyers Top 100 Trial Attorney for 2012.

Contact the firm today for a free case evaluation if you or a loved one has been charge with DUI in the City of Tempe, or surrounding areas, including Phoenix, Gilbert, Chandler, Mesa, Scottsdale, Paradise Valley and Queen Creek.

Extreme DUI Penalties

Law Offices of Trent R. Buckallew, PC — Wed, 12 Sep 2012 07:00:00 GMT

An extreme misdemeanor DUI includes violations involving a BAC above a .15, but less than .20 (ARS 28-1382). If you have been charged with an extreme misdemeanor DUI charge in Tempe, AZ or surrounding valley cities, the government may impose harsh penalties. 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 $3,000.00 (including a $250.00 fine, 84% surcharge, $250.00 DUI Fund, $1,000 prison fund, $1,000 Public Safety Equipment Fund, $20 Time Pay Fee, $20 Probation Fee and $13 Assessment). 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).

If you have been charged with any type of alcohol or drug related DUI charge, this Firm can help. There are many possible defenses for DUI cases, including Procedural Defenses — such as illegal stop, illegal detention, illegal arrest, and/or illegal search; Factual Defenses —such as not under the influence, not operating vehicle, mistaken identity, blood alcohol level not greater than .08 within 2 hours of driving, necessity, mechanical defects of vehicle; and Forensic Defenses — such as testing methodology failure, incompetent lab technicians, contaminated blood draw, breath machine failures and limitations, contamination issues.

Mr. Buckallew has extensive experience in litigating DUI cases, including complex felony DUI’s, and has a reputation for launching an aggressive defense on behalf of each client to ensure the most favorable outcome possible in each case. In addition to his law degree, Mr. Buckallew also has a Master’s in Forensic Science degree, giving him a unique understanding of both the legal issues as well as the complexities of the science behind the evidence. He also belongs to many professional criminal and DUI defense organizations, such as the National College for DUI Defense, in order to keep informed of the ever-changing practice of DUI litigation. Mr. Buckallew was also recently elected as a National Trial Lawyers Top 100 Trial Attorney for 2012. The Firm handles DUI cases in Scottsdale, Phoenix, Gilbert, Mesa, Chandler, Tempe, Paradise Valley, Queen Creek, West Valley cities and throughout the State of Arizona.

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

Aggravated DUI Charges

Law Offices of Trent R. Buckallew, PC — Tue, 11 Sep 2012 07:00:00 GMT

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.

Contact the Firm today for a free evaluation of your felony Aggravated DUI or any other criminal or DUI case.

East Valley Extreme DUI

Law Offices of Trent R. Buckallew, PC — Thu, 14 Jun 2012 07:00:00 GMT

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).

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

Penalties – 1st Time Misdemeanor DUI in AZ

Law Offices of Trent R. Buckallew, PC — Thu, 07 Jun 2012 07:00:00 GMT

Penalties – 1^st 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 1^st 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.

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