The 20 Best DUI Defenses in Gilbert, Arizona
At DM Cantor, we have had an enormous amount of DUI defense success receiving Not Guilty verdicts, or outright Dismissals of Gilbert DUI charges for our clients using the following Defenses. DM Cantor consists of skilled Gilbert, Arizona DUI lawyers who can handle any type of DUI case or criminal defense matter. Top DUI Lawyer David Cantor has successfully used these Defenses against the Gilbert Police Department for over 30 years, and all members of his Firm are extensively trained on these Defenses. Some of these Gilbert DUI Defenses involve simply investigation techniques, while others involve an extreme understanding of the science needed regarding Headspace Gas Chromatography, and Infrared Mass Spectrometry. Please review these Defenses to see if any apply to your DUI case, or your specific situation. DM Cantor is comprised of Criminal Defense Lawyers with a combined 100-plus years of experience handling Marijuana DUI and other traffic violation tickets in both the Gilbert Municipal Court and the Highland Justice Court.
No Reasonable Suspicion to Stop:
A “No Reasonable Suspicion to Stop” issue occurs in Arizona when the Police Officer pulls a person over and conducts a traffic stop without a “Reasonable Suspicion” that a crime has been committed. Top 20 DUI Defenses
No Actual Physical Control:
“No Actual Physical Control” means that the Police cannot show that a person was actually “controlling” the motor vehicle at the time they were contacted. Top 20 DUI Defenses
Inability to Establish Time of Driving:
This defense is quite common. If there is a single-car accident, and a person is contacted outside the vehicle, or if the Officer pulled up when someone is sleeping in their vehicle, then it could be possible for the Officer to be unable to establish the exact “time of driving.” Top 20 DUI Defenses
No Witness to Driving:
Gilbert DUI laws mandate that this defense occurs when there is no actual witness who will show up to testify as to when a person was driving. Top 20 DUI Defenses
Corpus Delecti Defense:
Arizona lawmakers codified that this defense occurs when there is no evidence that a person was the driver of the car, or the time they drove the car, other than that person’s statement that they were the driver of the car that was (usually) involved in a single-car accident. Top 20 DUI Defenses
Improperly Administered Field Sobriety Tests:
Any properly trained Gilbert DUI Attorney will know that standardized Field Sobriety Tests should not be given to people 65 years of age or older, or 50 pounds or more overweight, or who have various back or balance issues, or who are wearing heels two inches or higher, or those who have certain medical conditions. Top 20 DUI Defenses
No Probable Cause for Arrest:
The Police must have Probable Cause that a crime was actually committed in order to arrest somebody for a drunk driving charge. Top 20 DUI Defenses
No Miranda Rights given, or ignored Invocation of Rights:
A skilled Criminal Defense Attorney will know that Police are required to give arrested person their Miranda Rights prior to conducting any type of investigatory questioning. Top 20 DUI Defenses
Denial of Right to Counsel, or No Private Phone Call provided:
It has been held by Arizona DUI Courts that a person has been denied their Right to Counsel if they request to speak with an Attorney, and then they are not either allowed to do so, or they are not allowed to have a Private Phone Call. Top 20 DUI Defenses
Breath Test Flawed Machine:
Breath test devices in a DUI charge have to undergo scrutiny by the Department of Health Services. Top 20 DUI Defenses
Flawed Breath Tests Also Give Rise To The “Disconnect Defense”:
This defense occurs during DUI representation whenever there is a high breath test reading that does not match the physical evidence. Top 20 DUI Defenses
Breath Test Physical/Dietary Issues:
During a breath test, in some cases, certain physical conditions and dietary habits can affect the breath test. Top 20 DUI Defenses
Improper Blood Draw:
Various improprieties can occur during a Gilbert DUI prosecution regarding the blood testing procedure, which can result in the reading being Suppressed. Top 20 DUI Defenses
Improper Blood Storage or Handling of Vial:
After the Officers are done with the blood draw, they are required to place the two vials into cold storage as quickly as possible. Top 20 DUI Defenses
Blood Test Flawed Machine:
A skilled Criminal Defense Lawyer knows that blood testing devices are required to go through an extensive protocol to make sure they are accurately measuring Blood Alcohol Content. Top 20 DUI Defenses
Again, the “Disconnect Defense”
This defense can be used against a Gilbert City Prosecutor if a reading is incredibly high, but does not match what was observed by the Police Officers on the scene. Top 20 DUI Defenses
Denial of Independent Blood Test:
The Police are required to inform you that you have a Right to an Independent Chemical Test (i.e., usually a blood draw at a hospital) as quickly as possible from being released from the Police Station, or while at the Police Station. Top 20 DUI Defenses
Sloppy or Misleading Police Report:
Many times, Police Officers are in a rush, so they simply produce police reports which appear to be a “cut and paste” version. Top 20 DUI Defenses
Additional DUI Drug Defenses:
DUI Drug Defenses are wide-ranging and varied. Assuming that a person has a prescription for the medication that shows up in their blood stream, then it is up to the State to prove that this medication impaired that person’s ability to drive. Top 20 DUI Defenses
Involuntary Intoxication:
Sometimes we can raise the Involuntary Intoxication defense in court if we can show that a person was “slipped a mickey,” “given a roofie,” or served a drink which they did not know contained alcohol. Top 20 DUI Defenses
The Officer Changing or Embellishing their Story:
Almost nobody can tell the same story the same way two times in a row. This includes Police Officers. The more times they tell a story the more discrepancies will be discovered. Top 20 DUI Defenses