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Arizona DUI Law

Arizona DUI Defense: Denial of Right to Counsel

In todays post David M Cantor, Arizona DUI Lawyer, discusses the Arizona DUI Defense known at Denial of Right to Counsel. When arrested for DUI, DWI, or Extreme DUI, upon requesting a DUI Lawyer in Arizona, the police must get you to a phone as soon as it is reasonably possible. If they ignore your request, or wait too long, this could be grounds for dismissal.

Arizona DUI Lawyer Advice: The Right to Remain Silent-Use It!

Constitutional rights prohibit an officer from asking too many questions because the suspect might not know their purpose, or they could trick a suspect into making statements that might unfairly indicate guilt. Do not answer questions and do not admit anything.

The officer might ask (sometimes coerce) a DUI, DWI or Extreme DUI suspect to take coordination or field sobriety tests. Sometimes these tests are videotaped. Unlike the breath or blood test, the field sobriety tests are not objective. They are tests of a driver’s balance and dexterity. Only the officer at the scene determines the results. Do not do these tests. A subjective analysis is not something to which a person should submit.

Once a person has been taken into custody (or otherwise deprived of his or her freedom in any significant way), a police officer must advise that person of their Miranda Rights prior to asking any questions. If this is not done, then any illegally obtained statements may be suppressed.

If you are facing a DUI charge in Arizona, please call our offices today at (602) 307-0808 for a free case consultation.

Arizona DUI Defense: No Actual Physical Control

 

Arizona DUI Lawyer David M Cantor talks about the dui defense of “no actual physical control”. If a person has had too much to drink, pulls off the roadway, leaves the engine running with the A/C or heater on, and attempts to “sleep it off”, then they are not in “actual physical control” of their vehicle and are not guilty of DUI or DWI.

In 1995 David M Cantor took a case to the Arizona Supreme Court where his client had decided to stop his car and sleep with the Air Conditioner on. David won this case and set the precedent for the no actual physical control defense.

Our law firm offers free case reviews, click here to schedule time to speak with an attorney. Or give us a call at (602) 307-0808.

 

Jan Brewer’s 1988 DUI That Never Happened…


Arizona DUI Lawyer David M Cantor talks about the recent discovery of a 1988 Arrest involving Jan Brewer, current GOP candidate for Arizona Governor. David points out a few interesting parts of the story like the Police’s defense for dropping the charges based on Mrs. Brewer’s status as an Arizona Senator at the time. He also talks about how Jan Brewer has been involved with making current DUI laws much tougher and wonders how that might have changed had she actually been charged with a DUI back in 1988. Watch the video and let us know what you think.

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