DUI laws are stringent in Phoenix but on a number of occasions law enforcement agencies are known to have crossed the line and cause you unnecessary harassment. This is where you DUI lawyer Phoenix can be of real help and fight the case in your behalf. On many occasions there are errors with the breathalyzer machine, blood samples are collected incorrectly and in even worst cases even Miranda rights aren't read out. If you have been arrested or convicted the DUI attorney would ensure that you would get a just trial. Here are some of the elements that an experienced attorney would use while fighting the case on your behalf.
Breathe Testing Device - There are properly laid out instructions for administration and maintenance of the testing device. Your DUI lawyer would make sure standard procedures have been followed or else the evidence doesn't hold grounds in the court of law. Police often use portable breath-testing device but these test aren't admissible in jury trials.
Independent Tests - You have the right to collect independent scientific evidence of your BAC. The law enforcement agencies cannot deny your request to obtain an independent test. Your DUI lawyer will make arrangements for these independent tests and in many cases this evidence has proved sufficient in acquittal.
Denial of Right to Counsel - The DUI laws in Arizona clearly state that any person arrested has the right to speak with an attorney. The police must provide the defendant with an opportunity to speak with DUI lawyer in Phoenix as soon as is reasonably possible. In case you have been denied the right to counsel the case against can be dismissed. The attorney collects evidence in case you have been denied this basic right.
Miranda Rights - The law enforcement agencies should read to you your Miranda rights before they start questioning you. The right states -You have the right to remain silent, any statement made may be used as evidence against you, you have the right to an attorney, if you cannot afford one, one will be appointed to you.- If they don't follow this the statements that you make can be made inadmissible.
Cause of Arrest - To arrest you the officer must have sufficient reason (probable cause) based upon known facts which proves that you have committed a crime or are likely to commit one or that certain property is connected with a crime. Probable causes are subjective and your DUI attorney can use the loopholes in the probable cause and make your arrest unconstitutional.
Unreasonable Reason To Stop - There must be some concrete reasons why an officer stops you. The reasons for the suspicion has to be supported by reasonable suspicion of criminal activity In case the law enforcement is unable to produce constitutionally valid reason for conducting a traffic stop all the other evidences get automatically suppressed. A DUI lawyer will use all his expertise to get you acquitted by the court.
Wanina is a professional blogger and article writer who is sharing his knowledge and information from past 7 years on somekeyword and somekeyword. In his free time he loves to hang out with his wife and children.
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