If you were arrested for a misdemeanor DUI in Scottsdale, you will likely be cited into the Scottsdale Municipal Court, located at 3700 N. 75^th Street in Scottsdale, AZ. You may also be cited into the McDowell Mountain Justice Court or the Desert Ridge Justice Court if you were stopped along the 101 Highway – both of these courts are located at 18380 N. 40th Street in Phoenix, AZ. Scottsdale Felony DUI complaints are filed in the Maricopa County Superior Court – Southeast Facility, located at 222 East Javelina Drive in Mesa, AZ.

Investigating and litigating DUI cases can be complex, and if you plan to hire an attorney, it is important to find one who has experience in defending these types of cases. While there are many potential defenses in a DUI case, this discussion will focus primarily on “Factual Defenses” which may be advanced in your case.

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

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

This list is by no means an exhaustive list of every potential factual defense that may be available in your case. Every case is unique and your case may very well present factual defenses not listed above. The attorney you choose should be able to identify the relevant defenses that best fit the specific circumstances and facts of your case. Moreover, your attorney should be able to specify what steps are needed to best develop your factual defenses for successful presentation in court. The best way to determine what defenses may be applicable to your case is to consult with, and retain, a competent criminal defense attorney. Mr. Buckallew is a Board Certified Specialist in Criminal Law – Certified by the Arizona State Bar. He has significant experience in litigating all types of DUI and criminal cases and has a proven track record of successfully resolving countless cases throughout the course of his career.

You may request a complimentary copy of a book written by Attorney Trent Buckallew entitled, Arizona DUI/Criminal Traffic Defense Strategies, which covers DUI cases from the time of your arrest, types of DUI’s and penalties, describes the court process, discusses potential defenses as well as DUI case investigation.

Mr. Buckallew has handled countless DUI cases in both the Scottsdale City Court, McDowell Mountain Justice Court, Desert Ridge Justice Court and the Maricopa County Superior Court, as well as most other courts throughout the valley. He has handled all types of DUI cases, including 1st Time DUI, Extreme DUI, Super Extreme DUI, Aggravated DUI, DUI Involving Homicide, Underage DUI, and DUI – Drugs, among others. Contact the Firm today for a free consultation regarding your Scottsdale DUI case.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

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

Copyright © 2011 Trent R. Buckallew, Attorney at Law

The Law Offices of Trent R. Buckallew, PC

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

Mesa, AZ 85210 – (602) 825-3300

According to recent media reports, this year’s DUI task force arrests exceeded last year’s numbers both in the number of people arrested as well as in the average blood-alcohol levels (BAC) of those arrested, compared to previous years. There were 559 people arrested for DUIs over the Memorial Day weekend, up from 547 in 2012 and the average BAC level was .153 – almost twice the legal limit of .08. Of the 559 DUI arrests, 148 of those were charged with “Extreme DUI“, meaning their BAC was believed to be at 0.15 or greater. The biggest difference between a regular (non-extreme) 1st Time DUI is the increased jail time (1 day for a Non-Extreme DUI or 30 days for an Extreme DUI) as well as the increased financial penalties for an Extreme DUI.

Other DUI arrests over the Memorial Day weekend included 103 drug-related DUI’s, which exceeds the annual totals over the past five years. You can be charged with DUI-Drugs if any sign of a prohibited substance is detected by forensic testing in the crime lab. It is important to note that the crime lab may detect the substance even if the drugs were ingested over a week earlier. Because Arizona permits prosecution upon a finding of the metabolite of a prohibited substance, and because metabolites will remain in the system long after the active ingredient has dissipated, the time frame for acquiring necessary evidence for prosecution can be quite lengthy.

The number of Aggravated DUI arrests this Memorial Day weekend totaled 60 which was a slight decrease over the past few years. A person can be charged with Aggravated DUI under various circumstances, such as, your driver’s license was suspended or revoked at the time of the DUI arrest, you had a minor child under the age of 15 in the car at the time of the DUI arrest, or this is your third DUI in a 7 year period. The minimum incarceration time if convicted of an Aggravated DUI is four months in the Arizona Department of Corrections (prison).

If you are facing DUI charges of any kind, including Extreme DUI, Super Extreme DUI, Aggravated DUI or DUI-Drugs, the Firm can help. Mr. Buckallew has been litigating DUI cases his entire career and has extensive experience when it comes to challenging the state’s evidence, including forensic evidence, procedural errors, factual deficiencies and legal issues inherent in these types of cases. The Firm represents individuals in criminal courts in Phoenix, Gilbert, Scottsdale, Chandler, Mesa, Tempe and throughout the entire valley. Contact the Firm today to arrange a free consultation to discuss your legal options in fighting your DUI case.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

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

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

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

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

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

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

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

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.

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.

**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.

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 3^rd 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.

The minimum penalties for a 1st Time Misdemeanor DUI conviction may include 10 days in jail (9 may be suspended), approximately $1,500 in court fees and fines, probation (plus monthly probation fees), community work service, alcohol / drug screening and classes (plus cost of screening/classes), ignition interlock device (up to 1 year plus the cost to rent the device), potential for increased insurance rates, a criminal record, and other possible consequences. These penalties increase if you are convicted of an Extreme DUI, Super Extreme DUI or a DUI with priors.

The minimum penalties for Aggravated DUI (Class 6 Felony/no priors) can include 10 days in jail (9 may be suspended), approximately $4,700 in court fees and fines, up to 10 years of probation (plus monthly probation fees), a felony conviction on your record, and other penalties associated with misdemeanor DUI convictions.

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.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

According to 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 3^rd 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.

**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.