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Arizona DUI Law

Denial of Right to Counsel – Arizona DUI Defenses

Denial of right to counsel is an important defense for DUI cases. When being arrested, you always have a right to legal counsel, but it is particularly vital in the case of a DUI arrest. If you are prohibited from talking to an attorney which prevents you from obtaining his advice, your body will naturally eliminate the evidence of blood alcohol content that can be used for or against you. The police may tell you that your blood alcohol content is above the legal limit, but it may not be; in the meantime, your body is burning off the alcohol, making the determination more difficult.

David Cantor explains the DUI Defense of Denial of right to counsel:

The key cases on this issue are Holland v. State of Arizona, Juarez v. State of Arizona, McNut v. State of Arizona, Edwards v. State of Arizona and the latest one, Penney v. State of Arizona. In Edwards v. State of Arizona, which went up to the United States Supreme Court, Mr. Edwards said, “I think I should talk to a lawyer.” The Court said that was equivocal, or ambiguous, and Mr. Edwards needed to be unequivocal when requesting a lawyer. Instead, Edwards should have said “I want to talk to a lawyer” or “I need to talk to a lawyer.” The minute you say this, the police have to get you to a phone and a phonebook in a private area so you can talk to a lawyer.

The Holland v. State of Arizona case deals with eleven specific questions a lawyer will ask you. These include, “what did you drink?”; “when did you start drinking?”; “when did you stop drinking?”; “when was the last time you ate?” Certain information needs to be known so the lawyer can approximate what your blood alcohol content will be so you can decide whether to submit to a blood or breath alcohol test. The attorney will also be able to tell you to request to be released in order to get an independent chemical test at a hospital.

The additional guidance a lawyer can provide is important. A lawyer can tell you not to answer any further questions, not to do any further physical tests, and probably get a blood or breath test because the police will likely get a warrant for it and get a test by force. But if you’re stopped for a DUI and you request a lawyer but were not given a lawyer or the police were not quick to respond, contact our firm. You can set up an appointment at www.DMCantor.com or call 602-307-0808 at any time to get a Free Case Review. An initial consultation is free and takes just 30 minutes.

Be sure to visit our DUI case victories for a sampling of DUI cases we’ve won in Arizona.

Arizona DUI Defense: No Reasonable Suspicion to Stop

Law enforcement personnel must have “reasonable suspicionto stop and/or detain a motorist. Absent this, any resulting arrest is “pretextual” and any charge(s) are subject to summary dismissal. Moreover, any evidence obtained is inadmissible in a court of law.

“Lack of reasonable suspicion to stop” is a valid legal defense to a DUI charge. As the label implies, “reasonable suspicion” requires a rational basis. Race, physical appearance, dress, or mere presence in a particular area is insufficient legal grounds for reasonable suspicion or detention. Rather, police must have some specific objective factual basis to suspect criminal activity. Thus, the fact that you were driving in an area where there are many bars during the wee morning hours does not, by itself, constitute reasonable suspicion to stop.

David Cantor explains the DUI Defense, No Reasonable Suspicion to Stop:

 

Arizona’s controlling legal precedent on reasonable suspicion to stop is a case called Livingston v. State of Arizona. In that case, officers from a specialized drug task force claimed to have seen the defendant weave six inches across the yellow line three times. At the time, the motorist was driving through a large curved area of highway near Globe, Arizona at about 50 miles per hour. During the subsequent vehicle stop and search, officers found several hundred pounds of marijuana.

The court later rejected the officers’ “hunch” based on the motorist’s alleged erratic driving and race as insufficient legal justification to reasonably suspect illegal activity. Consequently, it ruled the initial stop “pretextual” and dismissed the entire case.

We frequently see similar scenarios in DUI cases. For instance, a common situation involves an officer staked out near a local bar who claims that our client weaved in the road, made a California stop, or improper turn. We are able to get many of those DUI charges dismissed due to lack of reasonable suspicion to stop. See the “Victory” section for details about specific cases we have won in such instances.

Contact us today via email or phone for a free initial consultation and expert case evaluation. The Law Offices of David Michael Cantor is available 24 hours a day by calling (602) 307-0808 or via our secure and confidential web form.

Waste Management Phoenix Open 2014

The Waste Management Phoenix Open 2014 has officially started and is in full swing!

If you are planning on going to the Waste Management Open 2014 and drinking there, make sure you take a cab there and a cab home.  There is a new driving service App called UBER, which will pick you up close to the venue so you do not have to wait in the infamous Waste Management cab line.  UBER cabs arrive very quickly so plan accordingly when ordering a car.

If you do not take a cab or UBER and still decide to have a few drinks then drive, there are a few things you should know in case you get pulled over and questioned for DUI.  No matter what question the police officer asks you, you need to reply the same way as if you are being questioned for murder or robbery.  The answer is “Officer I am not going to answer any questions or do any tests until I talk to my lawyer”.  By saying that you did not lie to the officer nor did you confess, you simply said “let me talk to my lawyer”.  In trial the officer cannot comment on your right to remain silent so the jury can only consider the evidence before them; which would be very minimal.

Put our 24/7 phone number, 602 307-0808, in your phone right now under “lawyer” just in case you get questioned for DUI or any other crime and call us.  Set up a Free Initial Consultation Here and we would love to meet with you and help you out.

Holiday DUI Enforcement Checkpoint 2013

From Thanksgiving to New Year’s, the East Valley DUI task force will be stopping thousands of drivers on the roads. Approximately, 20 percent will be arrested for DUI. If you are pulled over and asked if you have been drinking, your answer should be that you won’t answer any questions or submit to any field tests until you talk to your lawyer. You have the right to decline these tests, and there are no legal repercussions for doing this.

If you have been suspected of drunk driving, call the Law Offices of David Michael Cantor. There is an answering service available 24 hours a day, and a lawyer will call back in just 5 minutes. Keep in mind that these phone consultations are a free public service. The lawyers will assess your situation and advise you on whether or not to take the blood or breath tests.

At the trial, the police officer can’t comment on the fact that you invoked your right to remain silent and refused to take fields test. The officer can only offer his subjective view of the events such as he pulled you over, smelled alcohol, and arrested you. The jury may wonder why you were arrested if there wasn’t any hard evidence of your being drunk. The burden of proof is on the state.

For anyone out celebrating and drinking, it’s best to take a taxi or choose a designated driver even if you only had a few drinks. If you do get arrested, call the Law Offices of David Cantor at (602) 307-0808. To schedule a free case review with a lawyer, give us a call or send us an email by using our confidential web form.

How to Find an Interlock Device for your Car

This is a Guest Post from Barry Saunders owner of Ignition Interlock Company, Quick Start AZ.

Are you in need of an interlock device for your car? If so, you are probably interested in having one of these installed for one of two reasons:

  • You have been required to do so by law due to a recent conviction of driving under the influence
  • You realize you have a problem with drinking and driving, and are attempting to fix your issue before it gets you into trouble

Either way, you need to realize that there are steps you can take to find the best interlock device for your car.

What is an Interlock Device?

An Ignition Interlock Device (IID) or Breath Alcohol Ignition Interlock Device (BAIID) checks your blood alcohol concentration before allowing you to start your vehicle.

If the alcohol analyzed in your system from your breath is above legal limits,  the IID will disable your ignition system, rendering your vehicle inoperable. Even after you have passed your initial breath test to start your car, the system will at random times require another breath sample. For a failed breath test in a moving vehicle, an alarm (e.g., honking horn , flashing lights) will sound and will not turn off until the vehicle comes to a complete stop and the ignition turned off.

How to Find the Best Interlock Device

It is one thing to say you are going to purchase an interlock device, but another thing entirely to find and install the one that is best for you and your vehicle.

When searching for an interlock device, pay close attention to the many models that are currently on the market. There are several to consider, so you want to take your time and be patient before making a final decision. Making the wrong choice can prove very costly.

Here are standard factors to consider when searching for the best interlock device:

  • Product Features
  • Reputation for Reliability
  • Ease of use
  • Product Support
  • Price

The latest models of the best interlock devices have as standard features these essential functions:

  • Adjustable breath sample volume which is essential for those with breathing difficulties like asthma.
  • An understandable clear bi-lingual user interface with text and voice messages.
  • Remote Lockout Override via phone to reduce expensive towing and service calls.
  • Durable ergonomic construction that fits well in your hand and in your vehicle with no small parts to break off easily.
  • Vehicle Mechanic Mode for easy car servicing by a phone call. This option is used if the vehicle requires automotive (non-Interlock) service by a mechanic.
  • Breath alcohol validation via ethanol specific fuel cell technology that eliminates problems with failed tests attributable to cigarette smoke or vehicle exhaust. Fuel cell units are considered the ‘gold standard’ of all alcohol monitoring units.
  • Redundant buttons in the event that any of the controls used to operate the unit becomes inoperable, the remaining buttons will assume that function.

Questions to Ask yourself

Now that you have some basic information as to the features to consider when buying an interlock device, there are sure to be a few questions on your mind. Here are several questions to ask and answer before making the crucial buying decision:

  • Does the interlock device have a reputation for being 100 percent reliable?
  • Is there an authorized dealer in my area that can offer installation services?
  • What is the process for using the interlock device, and will I receive training from the company that installs it on my vehicle?

When you answer these types of questions, among others, you will find it much easier to make a final decision on which device to purchase.

At this point, you should have a better understanding of how to find an interlock device for your car.

 

About the Author: Barry Saunders

Barry Saunders is the founder and owner of www.QuickStartAZ.com. QuickStart Ignition Interlock AZ is the premier ADOT certified provider for your Ignition Interlock Device. As Arizona’s exclusive INTERLOCKCUP PROVIDER, his clients can avoid the embarrassment of an interlock device.

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