June 30, 2007

Arizona DUI Task Forces Out

According to serveral sources, including the Tucson Citizen, AZ DUI taskforces will be out in force this weekend through the 4th of July holiday. This is one of the last major taskforce events before the new Arizona DUI laws go into effect in September. Taskforces typically mean stepped up patrols and more stops, but sometimes no more arrests than usualy.

However, over Memorial Day Weekend in Scottsdale and the Phoenix area in general, the DUI roadblocks were extremely effective in bringing in a high volume of DUI arrests. The best piece of advice I can give as an Arizona DUI lawyer, especially this weekend, is have a designated driver or take a cab, stay safe and avoid facing the very strict potential penalties that an Arizona DUI carries, and avoid having to hire a attorney like me.  Have a good weekend, and a safe one.

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June 27, 2007

DUI Attorney Fees in Phoenix Arizona

Getting a DUI in Phoenix is expensive, and the last thing you want to do is waste money on a lawyer that will not help your case. That is why it is important to know how to hire a quality Phoenix DUI lawyer lawyer rather than just making your decision on the attorney fee alone.

The Phoenix DUI lawyer you choose should be able to justify his fee, and if the explaination does not makes sense, you should interview other Phoenix DUI attorneys until you find the right match. To help clairify your choices and options in regards to hiring a Phoenix DUI defense lawyer, see our primer on how to hire a DUI defense attorney.

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June 26, 2007

DUI is a Crime in Arizona

Ads by DUI lawyers create confusion by saying "DUI and Criminal Defense." For the unaware, this makes it sound like DUI is not a crime, and the lawyer handles drunk driving cases as well as criminal cases. In reality, DUI is a crime. In Arizona, it can be a misdemeanor or a felony depending on the circumstances. See my explaination of Arizona DUI Law for more information on how drunk driving charges in AZ are classified.

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Media Attention in Arizona DUI Cases

I am often contacted by the press for comments on DUI related issues in Arizona. In the past, I have spoken with them. I suppose that if I trusted the reporter and he/she had an established body of work that exhibits objectivity, then I might comment on the laws in general. After all, I do so in this public forum. However, it is my opinion that it is NEVER a good idea to comment on an ongoing DUI case, especially with famous clients. In my opinion, there is no good press in Arizona for a DUI defendant.

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June 21, 2007

Editorial: Odor Of Alcohol in Arizona DUI Cases

I have noticed a new trend among Phoenix area DUI officers in testimony. They are starting to answer questions with a simple "that would overstep my area of expertise" to quantify (fill in what ever I happened to be asking about). An example is odor of alcohol on the person's body or breath. In the past, most officers in Arizona would quantify the odor of alcohol by saying either strong, medium or mild. For most officers, this would relate to the proxiimity to the arrestee before they could smell it. For example, 5 feet away and it is strong, but if the officer had to get right in the person's face, then it is mild.

The problem with this type of testimony is that alcohol is essentially odorless, and every officer who wanted to maintain any credibility on the witness stand would have to admit under cross examination that they can not not tell time of drinks, type of drinks, amount of drinks, strength of drinks or impairment from odor.

So the new trend, and maybe they are teaching this in continuing police officer education or something, is to say something like… "my job is not to decide subjectively how strong an odor is. Yes, it was there. But I would not want to give the impression that I can divine impairment or BAC from the smell. It is only my job to decide whether I think the person is impaired to the slightest degree (as is the law in Phoenix and throughout Arizona), and if they are, to arrest them for DUI and let the breath or blood test sort it out.

As a DUI defense attorney, I have a couple of problems with this answer. 1) It shows the cop is more honest, and the worse thing for my clients' cases are honest cops (I can almost always poke holes in the liars' stories). 2) It puts more emphasis on the chemical test, which, if damaging, is not what I want the judge or jury to focus on.

I'm all for officers being honest and straightforward. Heck, I usually make friens with them during cases. But they are being honest at the expense of DUI defendants throughout Arizona.

Now, if this trend of refreshingly honest officers continues, then all the state of Arizona would have to do is pass some DUI laws that make sense, AND start using chemical testing methods that are accurate and don't produce fales highs for alcohol levels, and I would have to find work elsewhere because a Arizona DUI case would be indefensible.

For now, however, I forsee a long future before the above happens, and therefore a fruitful present for me challenging what tries to pass for science in courtrooms in the Phoenix area.

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Arizona DUI Ignition Interlock Device for First Offense To Stand

According to an AP report today, it appears that the push to repeal the new law in Arizona DUI cases that would mandate that all first offense DUI convictions have an ignition interlock device regardless of alcohol level.  Currently the law in Arizona requires an interlock for all first offense extreme DUI convictions (.150 or higher alcohol level).

This new law is a major defeat for reason, and a major victory for the ignition interlock device companies. For them business will be good.

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June 20, 2007

Maricopa County Justice Court Locations

Here is the list of the new names for the Maricopa County Justice Courts that many people call us about every week. The links work and go directly the the Maricopa County website were I found them. These phone numbers should also be accurate. If you need information about your currenly pending DUI charge and we don't currently represent you, please address your questions to either the court where you case in being heard, or your attorney.

If you are not represented and are looking for an Arizona DUI lawyer, then please feel free to give us a call.

Quoted from http://www.superiorcourt.maricopa.gov/justiceCourts/locations/justiceloc.asp:

Justice Court Locations

Agua Fria
(Tolleson)
9550 W. Van Buren, #6
Tolleson, AZ 85353
623-936-1449
Fax: 623-936-4859
Arcadia Biltmore
(East Phoenix #2)
620 West Jackson Street
Phoenix, AZ 85003
602-372-6300
Fax: 602-372-6412
Downtown
(East Phoenix #1)
620 West Jackson Street
Phoenix, AZ 85003
602-372-6300
Fax: 602-372-6406
Dreamy Draw
(Northeast Phoenix)
18380 N. 40th Street
Phoenix, AZ 85032
602-372-7000
Fax: 602-372-7910
East Mesa
4811 E. Julep, Suite 128
Mesa, AZ 85205
480-985-0188
Fax: 480-396-6327
Encanto
(Central Phoenix)
620 West Jackson Street
Phoenix, AZ 85003
602-372-6300
Fax: 602-372-6414
Estrella Mountain
(Buckeye Precinct)
100 N. Apache Rd., Suite C
Buckeye, AZ 85326
623-386-4822
Fax: 623-386-5796
Hassayampa
(Wickenburg)
14264 W. Tierra Buena Lane
Surprise, AZ 85374
602-372-2000
Fax: 602-372-2620
Ironwood
(Gila Bend)
209 E. Pima Street
Gila Bend, AZ 85337
928-683-2651
Fax: 928-683-6412
Kyrene
(West Tempe)
201 E. Chicago Street
Suite #104
Chandler, AZ 85225
602-372-3400
Fax: 602-372-3494
Lake Pleasant
(Peoria)
14264 W. Tierra Buena Lane
Surprise, AZ 85374
602-372-2000
Fax: 602-372-2620
Manistee
(Glendale)
14264 W. Tierra Buena Lane
Surprise, AZ 85374
602-372-2000
Fax: 602-372-2620
Maryvale
4622 W. Indian School Road
Suite D10
Phoenix, AZ 85031
623-245-0432
Fax: 623-245-1216
McDowell Mountain
(Scottsdale)
18380 N. 40th Street
Phoenix, AZ 85032
602-372-7000
Fax: 602-372-7910
Moon Valley
(Northwest Phoenix)
18380 N. 40th Street
Phoenix, AZ 85032
602-372-7000
Fax: 602-372-7910
North Mesa
1837 South Mesa Drive
Suite B103
Mesa, AZ 85210
480-926-9731
Fax: 480-926-7763
North Valley
14264 W. Tierra Buena Lane
Surprise, AZ 85374
602-372-2000
Fax: 602-372-2620
San Marcos
(Chandler)
201 E. Chicago Street
Suite #103
Chandler, AZ 85225
602-372-3400
Fax: 602-372-3468
San Tan
(South Mesa/Gilbert)
201 E. Chicago Street
Suite #102
Chandler, AZ 85225
602-372-3400
Fax: 602-372-3441
South Mountain
(South Phoenix)
620 West Jackson Street
Phoenix, AZ 85003
602-372-6300
Fax: 602-372-6410
University Lakes
(East Tempe)
201 E. Chicago Street
Suite #101
Chandler, AZ 85225
602-372-3400
Fax: 602-372-3414
West McDowell
620 West Jackson Street
Phoenix, AZ 85003
602-372-6300
Fax: 602-372-6408
West Mesa
2050 W. University Drive
Mesa, AZ 85201
480-964-2958
Fax: 480-969-1098

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Arizona DUI Ignition Interlock Law under new scrutiny

I appears that the new potential ignition interlock device law in Arizona was enacted based on guesses and bad information. This is how much of the DUI law in Arizona is made… by gut reaction and guesswork.

Quoted from http://www.tucsoncitizen.com/daily/opinion/55181.php:

DUI interlock bill casts too wide a net | www.tucsoncitizen.com ®


Last month, the Arizona House of Representatives committed the offense of "legislating under the Influence" - not under the influence of alcohol or drugs but of incomplete and erroneous information. We hastily adopted a new policy requiring first time non-extreme DUI offenders to drive with an ignition interlock (alcohol tester) on their car for a year. The research evidence did not support this change. It is a mistake we are trying to correct. We did not enact this major policy change using our usual process of committee hearings, staff reports, public input and media scrutiny. Instead, it was tacked onto another bill at the last minute. Its well-meaning sponsor said that research from New Mexico supported its effectiveness. Many of us, myself included, reluctantly accepted his research and voted for the change. Afterward, to relieve my uneasiness, I began to look into the interlock on my own. I first read a newspaper article in which the interlock's sponsor admitted, "other factors could have attributed to the decrease in DUI arrests (in New Mexico)." The evidence that it worked in New Mexico suddenly became, in the sponsor's own words, "an educated guess." I became more concerned.

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Daniel M. Jaffe
Arizona DUI Defense Lawyer
9089 E. Bahia Drive, Suite 101, Scottsdale, AZ
Phone: (480) 951-3200
Copyright © Daniel M. Jaffe, 1999-2007, All Rights Reserved.