January 2009 Archives

In an unusual move, prosecutors voluntarily agree to not use the videotaped confession of the 8 year old St. John's boy accused of committed murder against his father.  The defense attorneys representing the minor had previously filed a motion with the court requesting and order preventing the prosecution from using the statement at trial.  Specifically, the defense argued that the statements were taken in violation of the child's Miranda rights due to the fact that neither his family nor an attorney were present during the questioning.  Given the close scrutiny this case will undoubtedly face if it results in a conviction, this preemptive move by the prosecution is believed to have been made to deprive the minor of an appeal on this issue.

Contact Phoenix Criminal Defense Attorney Joshua S. Davidson today if you are facing felony, misdemeanor or DUI charges.

An interlock device will become mandatory if you are convicted of a DUI in Phoenix, Scottsdale or any city in Arizona.

Currently the state of Arizona requires no less than 12 months use of the interlock device in the case of a first or second offense standard DUI. This length of time also applies to the first and second offense of an extreme DUI conviction. In the case of the first offense of a super extreme DUI a lengthier sentence is required. This requirement is to be no less than eighteen months. If a second offense of this sort happens then the offender will be required to make use of the interlock device for no less than 24 months.

There can be special circumstances that require a different sort of sentencing by the courts. In the case of an aggravated DUI (which is one that involves a minor) it is possible for the defendant to find leniency with the court if an interlock device is used on a voluntary basis. This can help to reduce the revocation of a license from a three year period down to getting special permission after the first ninety days of the suspension have been served. This can also hold true in the case of an implied consent violation as long as no others have been committed within the previous seven year period.

An ignition interlock device is a mechanical means of keeping a possible repeat offender from being able to commit the same offense. It does this by measuring the current BAC of the driver before the vehicle can be started. If the BAC is over the allowed limit then the vehicle will be rendered immobile. The vehicle then cannot be started until the device receives a sample that is completely alcohol free. It can then require the driver to provide samples at any time while it is still in operation. While it is possible that the interlock device may be bypassed in some cases it is definitely not advisable.

Most all interlock devices are able to record any attempt that is made to bypass them. The company that monitors and controls the interlock devices will then report the attempts to the Department of Motor Vehicles. This may end poorly for the convicted individual. It may end in the requirement of more time that the interlock device must be used or even complete revocation of the individual's license for the full period originally handed down by the court. The most important thing for a DUI offender to remember is that by knowing the Arizona DUI laws he or she will be able to better ensure that a further offense is not committed.  If you have any questions, be sure to ask your DUI attorney.

If you are facing DUI charges or have questions about an existing ignition interlock device requirement, please contact Scottsdale DUI Attorney Joshua S. Davidson today.

Field sobriety tests are performed by law enforcement agencies throughout Scottsdale, Phoenix and Tempe as a means of developing probable cause for a DUI arrest. They are meant to test the individual's ability to handle their automobile in both a physical and psychological manner. While these tests are used by many different law enforcement agencies they are not considered 100% accurate. Almost all DUI attorneys agree that these tests should be refused.

Some of the tests with which the public may be acquainted include the alphabet test, balance test, counting test, finger-to-nose test and the portable breath test (or PBT). One thing to keep in mind is that while these tests are commonly used, many of them are still considered to be non-validated. The alphabet test involves having the suspect recite the alphabet both forward and backward. While easy to do in the correct order, when the alphabet is recited backward it becomes much more difficult.

One thing that must be kept in mind is that if the officer suggests the PBT you should politely refuse. These tests are unreliable and are not a scientifically accepted means of determining the BAC of a suspect. No matter what may be suggested, this test is voluntary and should be treated as such.

One of these tests is the Walk-and-Turn. This test involves having the suspect walk a straight line first one direction then another while keeping the feet heel to toe. Many officers will require no more than nine steps in either direction. Some may even require the arms to be held straight out to the sides. This allows them to look for a loss of balance or inability to follow verbal commands such as not touching the heel to the toe, stepping off the line, or even stopping abruptly during the maneuver.

Another means of determining loss of balance is by having the suspect stand on one leg. This will allow them to look for swaying drastically, having to use the arms for balance and having to hop to keep balance. The last standardized test is the Nystagmus test. This is performed by holding a small object in front of the suspect's face and moving it up and down or side to side. This can be a giveaway for those who have been drinking as alcohol impairs the body's ability to control the eyes and rapid jerking may occur.

While these tests are all used by the many different branches of law enforcement, one thing must be kept in mind. They are completely voluntary and are mainly a means of justifying a person's subsequent arrest and booking so that other means of testing may be administered. Keep in mind that you have the option to refuse these tests. Make sure that if you do so that it is in a courteous manner. There are many different people who cannot pass these tests for physical or mental reasons. It is important that the right to refuse such objective tests be retained by all citizens.

 

If you have been charged with a DUI in Scottsdale, Phoenix, Mesa, Tempe or anywhere in Maricopa County, contact Phoenix DUI Lawyer Joshua S. Davidson today to schedule a free initial consultation.