Wednesday, October 28, 2009

Man challenges court jurisdiction on his DUI cases

KINGMAN - A local man says Mohave County Superior Court has no jurisdiction in prosecuting him for driving under the influence.

Rex Carl Sagely, 60, was arrested shortly after midnight on Jan. 2, after a deputy with the Mohave County Sheriff's Office said he observed Sagely's gray Ford pickup swerve into the other lane while traveling northbound on Patsy Drive.

Sagely was taken into custody after deputies performed a field sobriety test. Sagely refused a breath-analysis test while at the Sheriff's Office and was transported to Kingman Regional Medical Center, where his blood alcohol content tested at .147, nearly twice the legal limit.





Sagely's January arrest was his third DUI arrest in the last year. He was arrested last August and September by Mohave County Sheriff's deputies and each time refused the breath-analysis tests. Those cases are still open.

At an evidentiary hearing Thursday, Sagely, who is serving as his own attorney, said he believed the search warrant used to obtain his blood was not signed by a judge before the sample was taken at the hospital. The deputy who arrested Sagely testified at the hearing that he obtained the judge's signature before transporting Sagely to the hospital. He said he may have made copies of the warrant before taking it to be signed.

Sagely said the copy provided to him by the deputy was not signed. Judge Rick Williams said it was possible Sagely was provided with a copy of the warrant made before it was signed by a judge and denied the defense's motion to suppress the blood evidence.

Sagely has filed several motions to have the case thrown out of court before it goes to trial. Sagely joined the Little Shell band of Chippewa Indians five years ago. He said that as a member, he is subject to the tribe's laws, not the state of Arizona's laws.

"I realized I didn't have the rights Native American have," he said.

Sagely cancelled his Arizona driver's license in March 2008 and obtained an international identification card, which he said negates his driving contract with the state of Arizona.

The court says it has jurisdiction in cases that occur on non-tribal land regardless of the defendant's heritage.

Richard Neal, assistant attorney for the tribe, said the court is pre-empting the tribe from enforcing its own law.

"We're entitled to the revenue, not the state of Arizona," Neal said. "The only reason the state is prosecuting is for the revenue."

Sagely admits to having about three to four drinks prior to being pulled over, "but that was sometime prior to getting onto the highway," he said. He said the state has failed to provide him with copies of the original tickets, along with other documents such as copies of federal treaties with Native Americans.

"Denying me the tickets denies me a fair trial," Sagely said.

Williams said Sagely could still conduct pre-trial witness interviews without the original tickets. He also said many of the documents requested by Sagely are "arcane documents" not relevant to the trial and are not in the possession or control of the state.

"I realize there is a difference in opinion in what the defense feels is relevant and what the court feels is relevant," Williams said.

Neal said Williams is "rubber-stamping motions made by the prosecution."

"We know he's going to deny it (defense motions) before he's even heard it," Neal said.


Source

Thursday, October 15, 2009

Know Your DUI Expert

Let me tell you a tale of two contrasting DUI cases.  Both where the attorney and I have worked together in the past.  One where the attorney prepped with me in advance, and the second when the attorney didn't

In the first case, based on  incredibly good performance on a dash-board patrol camera, the defense attorney was able to asked me questions that lead the jury to have enough reasonable doubt for a full acquittal.  That's impressive enough on most DUI cases, in this case the defendant was charged with:

1)  Impaired to the slighted degree

2) BAC over 0.08 within 2 hours of driving

3) BAC over 0.150 within 2 hours of driving (AZ Extreme DUI)

4) BAC over 0.200 within 2 hours of driving (AZ Super Extreme DUI)

The attorney in this case is arguably one of the best litigating DUI attorneys in the southern Arizona area.  The evidence against the subject was a blood reading of 0.265.

In the second case I wasn't prepped properly for trial.  I had read the case material, and in my case notes I had written that the case seemed very weak, and the subject's (who's blood reading was a 0.146) best possible outcome was very likely a regular DUI charge.

There was a lot of documented behavior in the case that would lead to very poor jury appeal.

The issue in the case was that the blood draw occured over 3 1/2 hours after driving.  The attorney got me on the stand and made sure I was aware (and the jury was aware I was aware) of the time line of the case.  The theory of the case for the defense was that a retrograde extrapolation (a back calculation/prediction of the subjects BAC earlier in time) can't be done from 3 1/2 hours after the time of driving.

His question was something of the effect of - Isn't it true that there is no way to give a reasonable scientifically accurate retrograde extrapolation 3 1/2 hours after driving, and with no eating or drinking history?

My answer was something to the effect of - "Accurate scientific and retrograde extrapolation" are oxymorons.  Be that as it may, without an eating and drinking history, in Arizona it is still generally accepted to retrograde back to the time of the stop +2 hours.  Some police scientists might go an hour, others might even go a half hour, but 2 hours would be fine, but we have to remember that based on the literature, the individual's calculated BAC could over-estimate their actual BAC by as much as 10% if they aren't fully absorbed at stop +2 hours.

This wasn't the answer the attorney was expecting, and it basically tanked his case.

Always remember to talk to your expert before they get on the stand.  The state's expert can hurt your case, but your own expert can destroy it even quicker if you don't know what their opinions are, and you make assumptions.

Source

Monday, September 28, 2009

New DWI laws take effect Saturday

Three new laws targeting driving while intoxicated take effect on Saturday, Louisiana State Police announced today.



The laws offer stiffer penalties to drivers who refuse to take a breath test; make driving with a suspended driver’s license a crime punishable with mandatory jail sentences; and limit defense questioning of police officers during administrative hearings for driver’s license suspension.

The laws, passed during the 2009 Legislature, are:

HB 445 - Strengthens the penalties for refusing to submit to a breathalyzer exam. As a condition of receiving a driver’s license, all Louisianans agree to provide a breath sample when properly requested. blood alcohol content can be the most important piece of evidence in the trial, but without it, prosecution is very difficult. Louisiana has one of the highest rates of refusal to submit to a breathalyzer in the nation. In fact, the national average for refusal of the test is 22.4 percent, but in Louisiana, it is 39 percent.

Laws to require drivers to submit to the breathalyzer are being strengthened nationwide. Refusal is now a distinct crime in 16 states and six states actually use warrants to forcibly obtain blood samples from drivers who refuse. In Arizona, this has decreased refusals from

With this new law, drivers’ license suspension penalties for refusing the breathalyzer will double from 180 days to one year on the first offense – and increase from 18 months to two years on the second offense.

These laws have been found to reduce DWI recidivism and the number of fatal crashes. In fact, he said research shows that license suspensions can reduce fatal crashes by up to 9 percent, which could translate to saving 35 lives in Louisiana in just one year.

SB 166 - Creates a law so that driving without a license that has been suspended due to a DWI arrest or conviction, is in and of itself a criminal offense with mandatory jail time. This new law provides real penalties for those drivers who continue to drive even after their license has already been suspended due to a DWI.


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Tuesday, September 15, 2009

Florida DUI manslaughter charges for 15 year old driver

Naples, FL - In March of 2009, tragedy struck in Southwest Florida when a sixteen year old boy was killed in an accident. The driver of the vehicle, then 15 year old Karina Campbell of Naples had an alcohol level of .165, which is more than double the legal alcohol limit for adult licensed drivers.

It is illegal for minors to consume alcohol at all, let alone drive after drinking. If convicted, Campbell faces up to 15 years in jail. However, when you compare this case to Donte Stallworth's, one might surmise that she is likely to get 30 days in jail and a year suspension from school.

"This will be a good test for the justice system in Florida," said Arizona DUI Lawyer Stewart Bergman, who has handled serious vehicular crimes, including manslaughter. "When you look at the Stallworth sentence, it should give her attorneys a pretty compelling argument."

But there are some things that make this case potentially more egregious than Donte Stallworth's case. First is the fact that her victim was young. Second is the fact that he put his trust in her. Third is the fact that she shouldn't have been drinking at all. Fourth is the fact that she was not a licensed driver. And finally, according to reports by the Florida Highway Patrol, she was driving at 70 miles per hour in an 30-mph zone.

There are also reports that Campbell was unremorseful after the accident, and continued to drink, and reports that contradict that. Whatever way you look at this, it is a tragedy for both kids and both families.

We will continue to follow this story as more information becomes available.


Source

Friday, August 28, 2009

New Texas DWI law weak on offenders compared to Arizona

Get ready for a tougher time if you are arrested for a Texas DWI. On September 1, 2009 it will be a whole new ball game for people arrested in Texas for certain impaired driving charges.

The new law greatly expands the number of people who can potentially sign search warrants to obtain blood draws. It also gives police officers a stronger and more persuasive voice in demanding that DWI suspects submit to a blood or breath test.

In cases where a persons suspected of DWI has caused an accident the new law says that the person shall be required to submit to a blood or breath sample.

Each year in Texas too many people lose their lives to drunk drivers. Authorities hope that this new law will give prosecutors and police officers an edge.

"We have had search warrants in Arizona DUI cases for years," said prominent Arizona DUI Lawyer Stewart Bergman. "Arizona's law goes one step beyond the new Texas DWI law and allows officers to get a search warrant even when there is no accident. The net effect is that it is extremely rare to see a case here in Arizona where there isn't a blood test, a breath test, or both."

Since blood is the only chemical test that can really be forced, Bergman expects that as more states enact laws like Arizona's, DWI defense attorneys across the nation will get better at defending blood draw cases. "Arizona is ahead of the curve nationally," he explained, "as Arizona DUI defense lawyers haven't had the luxury of straight refusal cases in a very long time." A straight refusal case is where the DUI suspect won't submit to a chemical test and the police officers lack the power, through a search warrant, to secure the evidence.

While states like Arizona may look at the new Texas DWI law and conclude it has no real teeth, the law does greatly expand the authority of officers in certain circumstances. "I expect that each year they will tighten it a little more," said Bergman. "Once prosecutors get a sense of how powerful DWI search warrants are, they will lobby to expand them to other types of DWI cases."

Only time will tell, but history in states like Arizona supports Mr. Bergman's prediction. For now, starting on September 1, 2009, Texas police officers' jobs will be a little easier in the worst type of DWI cases.


Source

Monday, July 13, 2009

AZ Drunk Driving Lawyer

The public's outlook on AZ DUI (Driving Under the Influence) and Arizona Drunk Driving Law has altered dramatically over the past several years. DUI is no longer viewed as an unavoidable consequence of commuting.
More and more, Drunk Driving in AZ is looked at as a completely preventive crime and, is a serious offense with severe penalties. Mandatory Arizona jail or prison time, harsh fines, license suspension or revocation, probation or parole and raised insurance costs are some consequences of being convicted of DUI. In 2006, over 90,000 people DUI / DWI charges were filed in Arizona. However, research shows many people arrested and charged with DUI are not guilty because they did not have too much to drink, but they did not have an experienced AZ Drunk Driving Lawyer by their side.
Oftentimes, Arizona police officers who are overzealous, not trained correctly, or who otherwise make mistakes, incorrectly discover a driver who has been drinking is driving while under the influence. Field sobriety tests can be incorrectly administered and misinterpreted. Breath and blood alcohol testing equipment may fail or be improperly used. DUI suspects can be treated unfairly, leading to important constitutional rights not being given, where a knowledgeable AZ Drunk Driving Lawyer can assist you in court.


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Monday, July 6, 2009

Arizona Criminal Defense Lawyer Joshua S. Davidson

As a Phoenix Criminal Defense Lawyer, Joshua S. Davidson knows the ins and outs of the criminal justice system and applies his knowledge and experience to each and every case he receives.  Having been a former prosecutor, he knows how the system works and can maximize your chances of getting a dismissal or having your charges reduced.  A seasoned felony prosecutor, Joshua S. Davidson has conducted over 70 trials to a jury, and has also tried hundreds of cases before judges.  Well known among judges and prosecutors, he holds a reputation for passionately and aggressively fighting for every client, and he strives to meet those expectations with every case he takes.

Before becoming a Criminal Defense Attorney, Joshua S. Davidson was a prosecutor responsible for all types of criminal offenses, including murder, molestation, DUI, domestic violence, aggravated assault and drug cases.  Much of his time was spent in the Major Crimes Division of the Maricopa County Attorney's Office where he handled felony domestic violence cases.  As a prosecutor, Joshua S. Davidson argued dozens of motions to dismiss and completed over 70 jury trials, involving charges ranging from DUI to murder.

DUI charges in Arizona can be very harsh.  With his wide range of legal knowledge and ability, Mr. Davidson can provide you with an efficient and effective defense when you are in need of a Phoenix DUI attorney.  Your case could greatly benefit from the help and experience of a seasoned defense attorney.  Joshua S. Davidson will work tirelessly on your behalf in order to help enhance your chances of a positive outcome in your case.

Source

Monday, June 29, 2009

DUI law in Arizona provided by your Tucson DUI defense lawyer

There are two different classifications of drinking and driving offenses. First, it is unlawful to drive or be in control of a motor vehicle while under the influence of intoxicating liquor, drug, vapor, or any combination thereof. Second, it is unlawful to drive or be in control of a motor vehicle with a BAC (blood alcohol concentration) of .08 or more within two hours of driving. These are separate charges. A driver can be charged with one or both. Usually, if a driver submits to a chemical test, which results in an alcohol concentration of .08 or more, he/she will be charged with both offenses. If a driver refuses to submit to a chemical test and none is performed nonconsensually, he/she will only be charged with driving under the influence (assuming the officer has enough evidence to establish probable cause for the arrest). A person charged and convicted of one or both of the aforementioned is guilty of a class one misdemeanor.

Source

Monday, June 22, 2009

Law-firm managers may face sanctions

The law firm of Phillips & Associates promises aggressive legal defense in its ubiquitous local TV ads.
The State Bar of Arizona says that the consumer law firm's aggression is sometimes directed at its clients and has recommended that the firm managers be temporarily suspended from practicing law.
State Bar investigators cited 22 complaints against the firm dating from 2004 to 2007, and a hearing officer found ethical violations in nine of them. The company denies wrongdoing.
The complaints range from a potentially misleading advertisement to the company's reluctance to refund money to dissatisfied clients.
The hearing officer ruled that Jeffrey Phillips, the firm's founder and namesake, and his associate, Robert Arentz, were responsible for the lapses because they have oversight over the firm's legal and non-legal employees.
In a 126-page report dated March 31, hearing officer Martin Lieberman recommended a 60-day suspension for Arentz and six-month plus one day suspension for Phillips, which would require Phillips reapply for bar membership.
The state Bar licenses and regulates the state's attorneys.
Phillips and Arentz have appealed the recommendation, which must first be considered by the state Bar'sdisciplinary commission and ruled on by the state Supreme Court. That process, as yet unscheduled, can take many months.
Only the Arizona Supreme Court can impose suspensions, disbarment or other punishment against attorneys.
"The firm believes that the few disputed recommendations contain clearly erroneous factual findings and significant legal errors that will need to be corrected on review," Phillips said in a statement.
He also calls the sanctions "grossly disproportionate" to the allegations and the evidence.
In his report, Lieberman called attention to the large caseloads of the firm's attorneys. Lieberman also described the firm's practice of having clients first meet with legal administrators who are not lawyers, but essentially sell the firm's services.
"The findings really go to the structure of the intake process they have at that firm and how that system is really incentivized to get as many people in as possible without any particular safeguards in place," said Maret Vesella, acting chief Bar counsel.
In one complaint, Lieberman zeroed in on a TV commercial warning potential clients to contact Phillips & Associates before tough, new DUI laws went into effect. Lieberman felt that the ads suggested that the law would be retroactive to people already charged with DUI.
Experts, however, generally found that the firm's fees were reasonable.
And in most cases, the reports said, the ethical violations were committed by staffers.
"Because Phillips and Arentz weren't doing it personally, their only liability would be supervisory," said Bar attorney Steven Little.
In their statement, the firm says the Bar collected complaints for three years - a time period in which they represented more than 30,000 clients.
The firm points out that the 22 counts measure out to less than one for every 1,000 clients.
"The firm is pleased that the hearing officer rejected the vast majority of the allegations," the statement said.

Source

Monday, June 15, 2009

DUI Lawyer Scottsdale launches new website to sort out DUI cases

DUI Lawyer Scottsdale is sponsored by the Ferragut Law Firm. We are located in Arizona. The Ferragut Law Firm in Arizona is anxious to lead the clients through the launch of its new website duilawyerscottsdale.net to solve DUI cases quickly. This special website is designed to provide online aid to clients in order to make them hassle free from DUI law suits.

DUI Lawyer Scottsdale offers a free initial consultation. The special thing about this company is that people can opt for varied options and rights over the phone or can submit a request for an online consultation. DUI Lawyer Scottsdale will speak about the matter directly. The company walks on the path of commitment, dedication, integrity, and effective representation.

DUI Lawyer Scottsdale has over a decade of experience battling DUI laws and has successfully represented many DUI cases.
In the state of Arizona, it is unlawful for any person to drive or be in actual physical control of a vehicle under any of the following circumstances:
While under the influence of intoxicating liquor, any drug, vapour releasing substance containing toxic substance or any combination of liquor, drugs or vapour releasing substances if the person is impaired to the slightest degree.

While there is any drug or metabolite in the person’s body.In Arizona, a DUI charge is a serious matter and the penalties can be severe. For this purpose, an experienced, aggressive attorney is required to represent the case.

DUI Lawyer Scottsdale.net is the firm who has come forward to protect people that have been accused of driving under the influence. Arizona is tougher now than ever on DUI with the "Expect the Max" policy. But, possessing Max or not, DUI Lawyers are always on the verge to sort out this type of cases. 


Source

Monday, June 8, 2009

Are You Facing an Arizona DUI?

You are probably worried about jail, your license, ignition interlock devices, your record, your family and your financial security. If you are like most people, you a probably overwhelmed by the complexity of Arizona DUI Law.
At the Bergman Law Office, our goal in every Arizona DUI case is simple: do what is in your best interest. We strive to exceed your expectations.
Once you read this website and call my office to schedule a free initial consultation, I am confident that you will feel better knowing that you are doing everything you can to help yourself.
I look forward to talking with you.
Stewart Bergman, Attorney At Law

Monday, June 1, 2009

ARIZONA CRIMINAL LAWYER

Your search for a reliable and proficient Arizona criminal lawyer stops here. Josh Blumenreich has the knowledge of Arizona criminal law and the experience as an Arizona criminal attorney to help you in all matters of criminal defense and representation. If you are looking for a Phoenix criminal attorney, trust our expertise to keep you protected and respected in the criminal defense process. We understand the difficult position in which the prosecution often places you and your family, and we dedicate personal time and attention to your specific legal needs. The Blumenreich Law Firm will be aggressive and competent in defending your legal rights in Phoenix criminal law cases. We can be your Arizona DUI lawyer or represent you in any number of offenses, including:
•  Theft and Property Crimes
•  Murder and Violent Offenses
•  Speeding and other Traffic Offenses
•  Possession of Drugs
•  Assault
•  Domestic Violence
•  Sex Offenses
•  Narcotics Charges
•  And much more.
In addition to his role as a criminal defense attorney, Josh Blumenreich is a skilled family lawyer. Whether you are faced with divorce, property division, child support, custody, or prenuptial cases, The Blumenreich Law Firm is prepared to handle your litigation. Our straightforward approach, courtroom experience, and commitment to quality ensure that you will receive the best representation of your legal matter. Though we are Phoenix criminal law office, we are proud to represent clients from Glendale, Mesa, Scottsdale, Tempe, Chandler, Gilbert, and all over the Phoenix metro area. In an easy, 5-minute initial consultation, we can discuss the best options and strategies for handling your criminal defense or family law matter. Put your future in the hands of a criminal defense attorney you can trust. Contact Josh Blumenreich, your Phoenix criminal lawyer, today.

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Monday, May 25, 2009

Know and Exercise Your Rights!

Arizona DUI attorney and Phoenix DUI lawyer Weintraub and Weintraub. Experienced Arizona DUI attorney or Phoenix DUI lawyer serving Chandler, Gilbert, Glendale, Mesa, Phoenix, Peoria, Scottsdale, Tempe, and all of Arizona. Arizona DUI Law is constantly evolving with stringent statutes and case law precedent, which pertain to the Arizona drunk driver. A knowledgeable Arizona DUI attorney can fight for your rights in a court of law to avoid or minimize the effect of a DUI in Arizona conviction, driver's license suspension, ignition interlock requirements, jail time, court fines, alcohol screening and counseling, community service and probation.

Quality, Affordable & Aggressive Legal Representation!

An alleged DUI defendant requires an Arizona DUI attorney or a Phoenix DUI attorney who knows the varying and complex legal guidelines and procedures utilized by each of the separate Chandler, Gilbert, Glendale, Mesa, Phoenix, Peoria, Scottsdale, Tempe Prosecutor's Offices.

Our office concentrates its practice solely in the representation of criminal defendants accused of alleged Arizona DUI and Phoenix DUI law violations. An experienced and aggressive Arizona DUI attorney will personally handle every aspect of your case. Don't let an arrest for an Arizona DUI lead to a conviction. A thorough investigation and analysis by our Arizona DUI lawyer or our Phoenix DUI lawyer of your specific case facts and a strong DUI defense utilizing current Arizona DUI law will provide you with the best chance of a favorable outcome following a DUI in Arizona.


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Monday, May 18, 2009

Arizona DUI Defense

Your Case Matters To Us
You've been arrested for DUI. This is a stressful time in your life. You want honest answers, and you need somebody to fight for you.
Our goal is to meet or exceed your expectations in regards to your case, and to give you an honest and realistic picture of your rights, and your chances. Your best interests are our primary focus.
My name is Stewart Bergman. I want the chance to help you fight or resolve your Arizona DUI charge. My law firm focuses on defending impaired driving allegations throughout Arizona. I personally navigate, investigate, negotiate and, when necessary, litigate your case.

Monday, May 11, 2009

Are You Facing a DUI?

You are probably worried about DUI penalties and jail, your drivers license, ignition interlock devices, your record, your family and your financial security. If you are like most people, you are probably overwhelmed by the complexity of DUI Law.
Our goals for you in every DUI case are simple: provide you the best DUI information and resources possible to deal with your DWI arrest, and help you connect with the right local DUI defense lawyer for your case. We will help you learn the DUI basics, including valuable tips on how to deal with DUI lawyers.
The DUI attorneys who participate in this site are dedicated to defending you and your rights, and are selected based on their commitment, reputation and track-record. Each is accessible and offers a no-obligation, no pressure case review.

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