Arizona DUI & Criminal Defense Lawyer Blog

Published on: October 2, 2013

Arrested in Avondale?

By Law Offices of Trent R. Buckallew, PC

Avondale is one of the fastest growing cities in the West Valley, settled at the base of the Estrella Mountains and just a 15-minute commute from downtown Phoenix. Thousands of NASCAR and racing fans descend on this city each year, attending races at Phoenix International Raceway (PIR), which is a significant boost to the local economy. Located in the heart of the west valley, Avondale is also nearby the University Of Phoenix NFL Stadium – home to the Arizona Cardinals, as well as several baseball spring training facilities, including the Los Angeles Dodgers and the Chicago White Sox in neighboring Glendale; the Cleveland Indians and Cincinnati Reds in nearby Goodyear; the San Diego Padres and Seattle Mariners in Peoria; and the Kansas City Royals and Texas Rangers in Surprise. Being centrally located in the west valley, with close proximity to many sporting events, year round entertainment, educational opportunities, shopping, dining and family activities, Avondale continues to grow and its population is expected to double in the next 5-7 years from its current population of around 76,000.

Law enforcement in Avondale is handled primarily by the Avondale Police Department and misdemeanor criminal complaints are generally filed in the Avondale City Court while felony criminal complaints are generally filed in the Maricopa County Superior Court. If you are arrested by AZ Department of Public Safety (DPS) or another law enforcement agency, your case may be handled in one of the west valley justice courts, including Country Meadows Justice Court, White Tank Justice Court, Agua Fria Justice Court or one of the other west valley justice courts.

The Firm represents individuals facing criminal charges throughout Phoenix and the West Valley, including criminal cases in Avondale and surrounding areas. Mr. Buckallew is a Board Certified Specialist in Criminal Law, having been certified by the State Bar of Arizona. He has handled a wide range of criminal cases, from simple misdemeanor criminal speeding tickets to very serious and complex felony homicide cases, DUI and Drug cases, Assault and Disorderly Conduct cases, Domestic Violence cases, Juvenile Crimes cases, Underage Drinking, and many other criminal cases. The Firm also handles matters involving Orders of Protection, Restraining Orders and Injunctions against Harassment. If you have been charged with any criminal violation in Avondale, the Firm can help.

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Published on: September 19, 2013

Scottsdale Crimes, Laws and Defenses

By Law Offices of Trent R. Buckallew, PC

Criminal law is comprised of Substantive Criminal Law and Procedural Criminal Law, as well as Legal and Factual Defenses. We have previously defined procedural defenses in this blog entry here and also discussed factual defenses in this blog entry here. The focus of today’s blog posting is going to be a discussion regarding Substantive Criminal Law. If you have been arrested in Scottsdale, AZ for any criminal or DUI charge, it is advisable to seek the advice of competent and experienced criminal defense counsel before making any potentially life changing decisions in your criminal case. If you plan to hire an attorney, it is important to find one who has the experience and knowledge to investigate and litigate criminal and DUI cases, and assist you in navigating through our often-complex criminal justice system. While a criminal or DUI investigation includes many components, our focus today will be on Substantive Criminal Law.

Substantive criminal law is sometimes referred to as the “black letter” of the law. In other words, it means that it is those things the legislature has declared illegal and written a law forbidding the conduct described in the law. (Normally these laws are printed in black ink – hence the name “black letter” of law.) Every substantive criminal law will have ‘elements’ identified in the written language of the law. You can locate what law is being alleged to have been violated by looking at your complaint or indictment. However, this will only tell you what law was violated, to find the ‘elements’ you will need to look it up in the legal code book – known as a statute book. In Arizona, criminal laws are codified at Title 13 of the Arizona Revised Statute. Even if you should locate a copy of the law applicable to your case you will still need the assistance of counsel to deconstruct what the law is actually saying, and to determine what the ‘elements’ are that the government must prove beyond a reasonable doubt before they are entitled to a conviction. Below is a list of categories in which almost all “black letter” laws or statutes will address:

Offenses Against the Person:

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Published on: September 10, 2013

Tempe Operation Safe and Sober

By Law Offices of Trent R. Buckallew, PC

According to a recent report in The State Press (8/21/13), Tempe police officers began increasing their patrols with the start of the fall semester at ASU. They have launched a task force – Operation Safe and Sober – which will include saturation patrols around campus and surrounding areas in Tempe, beginning August 15 and continuing through the end of the month. Tempe police officers will be on the lookout for minors consuming alcohol, driver's under the influence of alcohol (or drugs), out-of-control parties and other related criminal violations. Their goal is to try and send a message to students early in the school year in an effort to help alleviate potential trends in these types of activities. The Tempe Police Department will also be working the night DUI task force with officers from other agencies, including MCSO, Scottsdale PD, Gilbert PD, Mesa PD and ASU PD. In addition to DUI and party patrols, officers will also focus on traffic violations, aimed primarily at pedestrians and bicyclists. While warnings will be issued during the first week of school for traffic violations, officers will begin strict enforcement of alcohol related violations right away.

Since the launch of Operation Safe and Sober, Tempe PD reported 371 arrests during the first week and another 486 arrests during week two of the campaign. Of the 371 arrests during the first week, there were 111 Minor in Possession of Alcohol arrests, 91 DUI arrests, 17 Extreme DUI arrests, 14 DUI-Drugs arrests, 6 Underage DUI arrests, 2 Aggravated DUI arrests and 54 calls for loud parties, among other various arrests. Arrests during the second week of the campaign include 208 for Minors in Possession of Alcohol, 85 for DUI, 68 calls for loud parties, and 14 for Minors, under the age of 18, in possession of alcohol.

Tempe PD has also incorporated an educational facet to this campaign and has been talking with students regarding alcohol, laws and safety measures.

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Published on: August 6, 2013

Breath Based DUI Cases in Chandler, AZ

By Law Offices of Trent R. Buckallew, PC

If you have been arrested for any type of DUI violation in Chandler, AZ or any surrounding areas, it is advisable to seek the assistance of an experienced Chandler Criminal Defense Attorney before making any decisions in your case. Aside from the complexities involved in litigating DUI cases, DUI penalties in the State of Arizona are some of the harshest in the country. A DUI case requires an attorney with knowledge of the forensic science involved in both breath and blood testing. Each method has its own potential error sources and each method has its own unique vulnerabilities. In this article we will discuss breath based DUI’s – blood based DUI’s will be covered in the near future.

The purpose of an itemized discovery request should be to obtain the necessary documents to establish that the individuals operating the various machines were qualified to operate them, and to verify that the machine in question was performing, at a minimum, consistent with established legal standards. (Note: This does not necessarily mean the machine was working properly.) Finally, obtaining exhaustive discovery allows your attorney an opportunity to discover when various machines were not functioning properly, or when established procedures and protocols were not followed. The specific items of information needed will be different for each case, but at a minimum, your request should seek to discover the following items in a breath case:

A copy of the investigating police officer’s Operator Permit Card showing that the officer was qualified to administer the breath test utilizing the make and model of the machine used in this case as required by AAC R-13-10-105(C)(1);

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Published on: July 19, 2013

Scottsdale DUI Factual Defenses

By Law Offices of Trent R. Buckallew, PC

If you were arrested for a misdemeanor DUI in Scottsdale, you will likely be cited into the Scottsdale Municipal Court, located at 3700 N. 75^th Street in Scottsdale, AZ. You may also be cited into the McDowell Mountain Justice Court or the Desert Ridge Justice Court if you were stopped along the 101 Highway – both of these courts are located at 18380 N. 40th Street in Phoenix, AZ. Scottsdale Felony DUI complaints are filed in the Maricopa County Superior Court – Southeast Facility, located at 222 East Javelina Drive in Mesa, AZ.

Investigating and litigating DUI cases can be complex, and if you plan to hire an attorney, it is important to find one who has experience in defending these types of cases. While there are many potential defenses in a DUI case, this discussion will focus primarily on "Factual Defenses" which may be advanced in your case.

What are "Factual Defenses"? Factual defenses can be quite complicated in DUI cases due to the large amount of scientific evidence that is normally involved in prosecuting these cases. A more specific (and more complicated) discussion of various factual defenses arising in the context of breath and blood evidence will be covered in future blog articles. Here, we will limit our discussion to a general overview of the categories of potential factual defenses that may arise in a given DUI case. Some of the more common defenses which may arise in the context of a DUI case include:

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Published on: June 25, 2013

Board Certified Specialist in Criminal Law

By Law Offices of Trent R. Buckallew, PC

Congratulations to Attorney Trent Buckallew! The Arizona State Bar, Board of Legal Specialization has certified him as a criminal law specialist.

What Is a Board Certified Criminal Law Specialist?

In Arizona, attorneys can achieve the status of “certified legal specialist” once they have proven experience in a particular area of law, such as criminal law. In order to qualify for this specialization, the attorney must meet the following requirements:

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Published on: June 11, 2013

Another Win by the Defense

By Law Offices of Trent R. Buckallew, PC

The Firm recently prevailed in defense litigation on a case involving a driving on suspended/revoked driver's license violation. Through its case investigation, the defense discovered a violation of the defendant's Fourth Amendment Rights (unlawful seizure of evidence) and moved for a suppression of this evidence. The Fourth Amendment to the United States Constitution provides that persons shall be secure from unreasonable searches and seizures, and in this case the defense was able to successfully argue that the client's constitutional rights had been violated. The State subsequently dismissed the case.

The Firm represents individuals in all types of criminal proceedings throughout the greater Phoenix area, including cases involving driving on a suspended or revoked driver's license. There are a variety of reasons why a person's driver's license may be suspended or revoked (according to the AZ Department of Motor Vehicles), which can include:

Refusal to submit to a field sobriety test or other test to detect a person driving while under the influence of alcohol or drugs.
Driving while under the influence of alcohol or drugs.
Failure to pay civil penalties for traffic violations, moving violations, or speeding tickets.
Being at fault in an accident that causes serious injury or death to another person.
Reckless driving.
Violating traffic laws so often that the state considers you to have "disrespect for traffic laws and a disregard for the safety of other persons."
Using a driver's license illegally.

Suspensions resulting from these types of offenses can last from months to years and depend upon the severity of the situation. Once a person has lost his/her driving privileges, it is considered a crime to drive until the license has been reinstated. According to the Arizona Revised Statutes, § 28-3473 (A) "Except as otherwise provided in this subsection, a person who drives a motor vehicle on a public highway when the person's privilege to drive a motor vehicle is suspended, revoked, canceled or refused or when the person is disqualified from driving is guilty of a class 1 misdemeanor. If the suspension is pursuant to section 28-1601 and the person presents to the court evidence that the person's privilege to drive has been reinstated, the court may dismiss the charge of driving under a suspended driver license."

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Published on: June 7, 2013

Arrested for DUI in Gilbert?

By Law Offices of Trent R. Buckallew, PC

If you were arrested for a misdemeanor DUI in the Town of Gilbert, you will likely be cited into the Gilbert Municipal Court or the Highland Justice Court – both located at 55 East Civic Center Drive in Gilbert, AZ. Felony DUI complaints are filed in the Maricopa County Superior Court – Southeast Facility, located at 222 East Javelina Drive in Mesa, AZ.

Investigating and litigating DUI cases can be complex, and if you plan to hire an attorney, it is important to find one who has experience in defending these types of cases. While there are many potential defenses in a DUI case, this discussion will focus primarily on "Procedural Defenses" which may be pursued in your case.

What are "Procedural Defenses"? Procedural criminal law is the formal procedures and protocols that the court uses to adjudicate criminal cases, including D.U.I. cases. It controls all stages of prosecution from the police investigation all the way through the trial and appeal. At each step of the process, there will be occasions for a competent Gilbert D.U.I. defense attorney to use the rules to help shape the focus the case. Opportunities for exclusion of evidence, and even dismissal of the case, can be fought for utilizing these rules of procedure. In Arizona, the procedural rules are formally titled the "Arizona Rules of Criminal Procedure" and can be found online, or at any local law library. The attorney you chose to represent you in your Gilbert D.U.I. matter should know and understand these rules thoroughly. The importance of these rules cannot be overstated. Some of the procedural defenses that may be raised in D.U.I. or criminal traffic cases may include any number of the following issues:

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Published on: June 6, 2013

“Extreme” DUI Memorial Day Arrests

By Law Offices of Trent R. Buckallew, PC

According to recent media reports, this year's DUI task force arrests exceeded last year's numbers both in the number of people arrested as well as in the average blood-alcohol levels (BAC) of those arrested, compared to previous years. There were 559 people arrested for DUIs over the Memorial Day weekend, up from 547 in 2012 and the average BAC level was .153 – almost twice the legal limit of .08. Of the 559 DUI arrests, 148 of those were charged with "Extreme DUI", meaning their BAC was believed to be at 0.15 or greater. The biggest difference between a regular (non-extreme) 1st Time DUI is the increased jail time (1 day for a Non-Extreme DUI or 30 days for an Extreme DUI) as well as the increased financial penalties for an Extreme DUI.

Other DUI arrests over the Memorial Day weekend included 103 drug-related DUI's, which exceeds the annual totals over the past five years. You can be charged with DUI-Drugs if any sign of a prohibited substance is detected by forensic testing in the crime lab. It is important to note that the crime lab may detect the substance even if the drugs were ingested over a week earlier. Because Arizona permits prosecution upon a finding of the metabolite of a prohibited substance, and because metabolites will remain in the system long after the active ingredient has dissipated, the time frame for acquiring necessary evidence for prosecution can be quite lengthy.

The number of Aggravated DUI arrests this Memorial Day weekend totaled 60 which was a slight decrease over the past few years. A person can be charged with Aggravated DUI under various circumstances, such as, your driver's license was suspended or revoked at the time of the DUI arrest, you had a minor child under the age of 15 in the car at the time of the DUI arrest, or this is your third DUI in a 7 year period. The minimum incarceration time if convicted of an Aggravated DUI is four months in the Arizona Department of Corrections (prison).

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Published on: May 29, 2013

Finding an Attorney after a Criminal Charge

By Law Offices of Trent R. Buckallew, PC

If you have been arrested for a criminal offense, hiring a skilled Mesa criminal defense attorney is in the best interest of your future. There are a number of factors that must be taken into account in order to determine how to best fight for your reputation, your rights and your freedom. One of the primary reasons behind hiring a criminal defense lawyer is because of the fact that everything that occurs with law is not easily accessible if you go to the local library in order to defend yourself. A skilled defense attorney will have not only the years of knowledge in training, but also countless years of actual experience in the courtroom fighting for people in similar situations. By hiring an attorney to represent you, you will be able to rest more confident in the defense that is being prepared to protect you.

There are a number of benefits that an lawyer can help you with such as negotiating deals with the prosecution if you are in fact guilty of a crime and want a lesser punishment. It is not uncommon that prosecution will be less likely to help you out if you are representing yourself. A skilled defense attorney will also know what is necessary to prepare for your defense, and create a game plan specifically addressing your needs in the situation, in a way that you may not be equipped to do.

Lastly, hiring a criminal defense lawyer means that you are giving yourself a chance to keep fighting after a criminal charge. Just because you have been accused of a criminal activity, it does not mean that your life is over. By hiring trusted legal representation, you can rest assured that your future will be fought for relentlessly. Contact the Law Offices of Trent R. Buckallew, PC today for more information about how our team can help you!

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