I get it. You can’t imagine a way out of your DUI.
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This guide will explain the legal challenges at every step in a DUI and Vehicular Crimes case. If you were trying to find:
- Proven strategies to attack each issue
- Unique tactics for your defense
- The latest trends to reveal weaknesses
Contents
1. Pretrial Motions
Motions to suppressing evidence & dismissing criminal charges.
2. Traffic Stops
Analyzing the Constitutionality of Traffic Stops in Arizona DUI Cases.
3. DUI Arrests
Challenging the Legality of an Arrest for an Arizona DUI.
4. Right to Counsel
Assessing Right to Counsel Violations
After Being Arrested for DUI.
5. Warrantless Blood Draws
The Constitutionality of Traffic Stops in Arizona DUI Cases.
6. Search Warrants
The law requires a valid search warrant to seize blood evidence unless there is an enumerated exception.
7. Brady Material
The prosecutor's duty to disclose evidence favorable to defense.
8. Prosecutorial Misconduct
When the government does not "do justice" as required by law.
9. Lost or Destroyed Evidence
The government's duty to preserve material evidence in criminal cases.
10. Right to Confrontation
The Sixth Amendment guarantees the right to confront your accusers.
11. Unreliable Identification
When in-court identifications are prejudicial and have the potential to mislead.
12. Speedy Trial
Preventing unnecessary delay between being charged and a trial.
13. Due Process
The guarantee that the government must provide fair procedures.
14. Preliminary Hearings
A public hearing to determine if there was probable cause to support the charges.
15. Grand Jury Indictments
A secret hearing where evidence is presented to determine if probable cause exists.
CHALLENGING ALLEGED FACTS
16. NHTSA Driving Clues
The National Highway Traffic Safety Administration's DUI protocols.
17. Chemical Testing
Blood, breath and urine testing at the core of almost all DUI cases.
18. Disclosure Violations
The scope and breadth of what the government must disclose to the defense.
19. Actual Physical Control
DUI violations can result when a car is not moving if there is Actual Physical Control.
20. Drug Recognition Experts
The police's procedure for determining impairment resulting from a drug lacks validity.
21. Public Records
When the rules for disclosure are inadequite Arizona's public records may help.
22. Impairment
DUI cases require the government prove impairment caused by alcohol or drugs.
23. Body Camera Video
Discovering how to know if video has been edited or muted in order to impeach an officer.
24. Untruthfulness
Specific instances of untruthfulness that may be presented to a jury.
25. FTS's & HGN
Field Sobriety Tests used by law enforcement to make arrest DUI decisions.
26. Police GPA Data
Many police vehicles now have GPS tracking that can used to verify or disprove claims.
27. Evidentiary Hearings
The rights and limitations of an accused request for an evidentiary hearing.
TRIAL CHALLENGES
26. Judgment of Acquittal
Sometimes referred to as a directed verdict.
