Scottsdale Criminal Defense Attorney
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DUI Defenses

If you are facing a Scottsdale DUI charge, having a skilled attorney at your side to help protect your rights and see to it that you receive the best possible defense is essential. Joshua S. Davidson is a knowledgeable, experienced attorney who knows the ins and outs of DUI law having worked as both a DUI prosecutor and defense attorney.

Many individuals charged with DUI erroneously believe that nothing can be done in their case because they were arrested and the police got their blood. It is important to understand that a DUI arrest does not necessarily mean a conviction. You have important rights when you are charged with a DUI in Scottsdale, including the opportunity to have a DUI Lawyer who possesses the experience and skills necessary to fully investigate your case for any potential defenses. One of the few certainties in Scottsdale DUI law is that a plea of guilty will result in a conviction 100% of time. Once you plead guilty, you automatically loose your right to ever raise most of these defenses.

Make sure your case is evaluated for any possible defenses by an aggressive Scottsdale DUI Lawyer before you make any decisions about your case. Contact the firm today!

Scottsdale DUI Attorney Joshua S. Davidson is committed to investigating every aspect of your case. He will identify all the potential weaknesses in the prosecution’s case and help you develop effective strategies to attack them in court.

Insufficient Evidence of Driving or Actual Physical Control

Although most cases do tend to arise from a traffic stop where the arresting officer witnesses the defendant driving, this is not always the case. Sometimes the police will respond to a 911 call from another motorist and will not make contact with the driver until he is out of the car. In other cases, the police may respond to a traffic accident and be unable to determine who was driving. Whenever the prosecution has to rely on the testimony of a civilian witness or the alleged verbal admissions made by the defendant to establish that he or she was driving, it may difficult for them to prove this critical fact.

Under Arizona law, a person can also be convicted of DUI for driving or being in actual physical control of motor vehicle while impaired. The legal concept of actual physical control has been the subject of significant litigation in Arizona. Although most police officers and prosecutors tend to believe that a person is automatically in actual physical control simply because the keys are in the ignition, the Arizona Court of Appeals has recently ruled that this is not the case. Rather, actual physical control is determined by looking at the totality of the circumstances, including the driver’s intent.

If you were contacted by the police after your vehicle was already pulled off the roadway, a skilled Scottsdale DUI Lawyer may be able to obtain a dismissal or acquittal by establishing that you pulled over before you were affected by the alcohol.

Unlawful Traffic Stop Defenses

Scottsdale police officers cannot arbitrarily pull drivers over. Because it is considered a seizure under the Fourth Amendment of the United States Constitution, a traffic stop is considered illegal unless the police officer can articulate reasonable suspicion to justify the stop. If the court later finds that the stop was improper, any evidence obtained after the stop could be thrown out of court. Attorney Joshua S. Davidson is committed to investigating every aspect of your case. He will identify all the potential weaknesses in the prosecution’s case and help you develop effective strategies to attack them in court.

No Probable Cause to Arrest

An even higher level of evidence is required before the police can arrest you for DUI or any other criminal offense in Scottsdale. If they are acting without a warrant, police officers are not permitted to place you under arrest unless they have probable cause to believe that you committed the offense for which you are being arrested. This decision is also subject to review by court once the case is filed. Because Scottsdale police officer will typically administer Field Sobriety Tests to help them develop probable cause for a DUI arrest, most Scottsdale DUI Lawyers recommend that you refuse to take them.

Failure to Read Miranda Warnings

Any statements or confessions made by a DUI suspect while they are in police custody are inadmissible in court unless they were made voluntarily and after being advised of their Miranda rights. A driver can be considered “in custody” even if they have not been formally arrested for DUI. If the police fail to properly read Miranda warnings, any incriminating statements elicited after the person is considered in custody (such as an admission to being “drunk” or “buzzed”) cannot be used in court.

Scottsdale DUI Attorney Joshua S. Davidson is committed to investigating every aspect of your case. He will identify all the potential weaknesses in the prosecution’s case and help you develop effective strategies to attack them in court. Contact Joshua S. Davidson today for a free consultation and gain the peace of mind you’ve been looking for.

Denial of Your Right to an Independent Test

Under the law, persons accused of committing a criminal offense, including a DUI in Scottsdale, have a constitutional right to obtain evidence that can be used in their defense. Because alcohol is eliminated from the human body with the passage of time, an independent blood sample taken hours after your arrest is usually of no value. If you are arrested for a Scottsdale DUI, politely inform the officer that you wish to be released immediately to obtain an independent sample of your blood. If the police unreasonably interfere with your ability to obtain a sample, your case might be subject to a dismissal on the grounds that your right to due process under the law was violated.

Denial of the Right to Speak with an Attorney Defenses

Unless it unreasonably interferes with their investigation, the police must honor a request to consult with an attorney. If the police refuse to let you use the phone or give you privacy so you can have a confidential conversation with a DUI Attorney, your case might be subject to a dismissal for this constitutional violation.

Denial of the Right to Speak with an Attorney

Unless it unreasonably interferes with their investigation, the police must honor a request to consult with an attorney. If the police refuse to let you use the phone or give you privacy so you can have a confidential conversation with a DUI Attorney, your case might be subject to a dismissal for this constitutional violation. Attorney Joshua S. Davidson is committed to investigating every aspect of your case. He will identify all the potential weaknesses in the prosecution’s case and help you develop effective strategies to attack them in court.

Blood Testing Issues and Possible Defenses

The vast majority of Scottsdale DUI cases involve a blood test. Although this type of analysis is generally considered more reliable than breath testing, it is far from perfect. Before the results of any blood test can be administered, the prosecution needs to first establish that proper procedures were followed in both the collection and analysis of the sample. Scottsdale DUI Attorney Joshua S. Davidson understands the complexities of blood alcohol testing and knows how to identify any issues that could compromise the reliability or admissibility of the results in your case.

Scottsdale DUI Attorney Joshua S. Davidson is committed to investigating every aspect of your case. He will identify all the potential weaknesses in the prosecution’s case and help you develop effective strategies to attack them in court. Contact the law office today for a free consultation and gain the peace of mind you’ve been looking for.

Portable Handheld Breath Testing Machine Defenses

Although they seldom tell you that it is voluntary, many DUI officers ask drivers to blow into a handheld portable breath testing machine or “PBT”. Because these machines are so unreliable, the results of these tests cannot be used as evidence during a DUI trial. Nevertheless, a police officer can use the PBT result to justify arresting you for DUI and thereafter obtaining a blood sample for laboratory testing.

Attorney Joshua S. Davidson is committed to investigating every aspect of your case. He will identify all the potential weaknesses in the prosecution’s case and help you develop effective strategies to attack them in court. Contact the office today for a free consultation and gain the peace of mind you’ve been looking for.

Intoxilyzer Breath Testing Machine Defense

Although they are seldom used by Scottsdale DUI officers, Arizona law does permit them to obtain an evidentiary breath sample from a machine called an Intoxilyzer. It is easy to distinguish the Intoxilyzer from the PBT because of its larger size. Breath testing in inherently less reliable than blood testing and can be attacked by a knowledgeable Scottsdale DUI Lawyer. Moreover, the manufacturer of the Intoxilyzer has refused to release the computer “source code” used by their machines and some Arizona judges have been dismissing cases for this reason.

DUI Defenses to Field Sobriety Tests

One of the initial stages of a Scottsdale DUI investigation involves the police officer asking you to take a few tests “to make sure you’re okay to drive”. Most DUI attorneys agree that these Field Sobriety Tests (or FST’s) are unfair and designed to make you “fail”. Some of the tests administered by the police were certified by the United States Department of Transportation. In order to be valid, these tests must be properly given.

Scottsdale DUI Lawyer Joshua S. Davidson will conduct a comprehensive defense investigation and uncover any irregularities in the administration of these tests.

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