Arizona DUI & Criminal Defense Lawyer Blog

Published on: July 9, 2012

4th of July DUI

By Law Offices of Trent R. Buckallew, PC

Arizona DUI task force patrols were in full force across the state over the 4^th of July holiday, nabbing drunken drivers. According to the director of the Governor's Office of Highway Safety, Alberto Gutier, around 50 agencies participated in the patrols during the week of July 4^th. Included in the East Valley DUI task force were Gilbert, Tempe, Mesa and Chandler police departments, focusing on the eastern suburbs of metro Phoenix, including roads leading to Lake Pleasant.

According to local news reports, the statewide DUI task force led to 108 arrests, and 33 of those arrests were for extreme DUI, meaning the drivers blood-alcohol content (BAC) was between a .15 BAC (but less than .20 BAC).

If you have been charged with a DUI, the penalties can be significant and will depend upon many factors, including your blood alcohol content (BAC), prior history of DUI convictions, minor children in the car at the time of the DUI, involved in a car accident at the time of the DUI, or driving on a suspended/revoked driver's license at the time of the stop. The penalties for a first time DUI can include jail time, fees and fines, possible probation, alcohol/drug screening and classes, community work service, SR22 insurance, and ignition interlock device. The penalties increase if your DUI involved other factors, as mentioned above. Given the harsh penalties resulting from DUI charges in the State of Arizona, it is important to seek legal advice and ensure you understand your options before making any decisions regarding your case.

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Published on: June 22, 2012

Disorderly Conduct Charges Dismissed

By Law Offices of Trent R. Buckallew, PC

The Firm recently achieved a full dismissal in the Gilbert Municipal Court in a case involving charges of Disorderly Conduct and Assault/Domestic Violence. The case was dismissed after Defense Counsel successfully argued defense of property as a justification defense. The State agreed with the defense analysis and dismissed the case in its entirety.

The Firm handles all types of criminal cases in the Gilbert Municipal Court and any other court in the State of Arizona. If you have been charged with Disorderly Conduct, Assault, or any other Domestic Violence related charge, contact the Firm today for a free evaluation of your case.

Front of Gilbert Municipal Court

*All cases are factually different and prior success on individual cases is not a guarantee of future outcomes. The firm cannot, and does not make any guarantees as to the outcome of your case.

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Published on: June 22, 2012

Contested Probation Violation Hearing

By Law Offices of Trent R. Buckallew, PC

The Firm recently achieved a successful outcome in a Probation Violation case in the Mesa Municipal Court involving a technical violation for failure to complete required classes. Defense Counsel initiated protracted discovery litigation, which resulted in the discovery of exculpatory evidence that was not initially provided to the defense. The exculpatory evidence was only discovered after an extensive defense investigation uncovered its existence. Defense counsel was able to successfully introduce the exculpatory evidence at trial. The client was found not responsible for violating his probation after a contested hearing.

If you have been charged with a probation violation in the Mesa Municipal Court, or any other court in the State of Arizona, contact the Firm today for a free evaluation of your case.

Mesa Municipal Court

*All cases are factually different and prior success on individual cases is not a guarantee of future outcomes. The firm cannot, and does not make any guarantees as to the outcome of your case.

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Published on: June 20, 2012

Mesa Police Arrest Man for Extreme DUI

By Law Offices of Trent R. Buckallew, PC

According to local news reports (azcentral.com), last week, Mesa police spotted a 22-year-old man driving 30 miles per hour over the speed limit. When officers attempted to pull him over, the driver allegedly ignored them and continued speeding. Eventually, he turned into a parking lot and began weaving in and out of parked cars. After allegedly losing control of his vehicle, the man skidded to a stop where police were able to apprehend him.

Police report multiple cans of unopened Bud Light beer in the car, and a DUI test showed the man's blood alcohol content (BAC) at 0.169%. Peace officers arrested the man after he allegedly admitted to drinking 22 beers before operating the vehicle. He was detained under suspicion of extreme DUI, excessive speeding, and unlawful flight.

This not the first DUI case reported in Mesa since the beginning of the month. In fact, a startling number of DUI arrests have been made, many of them related to methamphetamine or other drug use. On Sunday, a 39-year-old Mesa man was caught driving under the influence of Meth. Police also found 55 grams of the drug in the back seat of his car.

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Published on: June 14, 2012

East Valley Extreme DUI

By Law Offices of Trent R. Buckallew, PC

An extreme misdemeanor DUI includes driving under the influence of alcohol with a BAC above a .15, but less than .20 (ARS 28-1382). If you have been charged with an extreme misdemeanor DUI charge, the government may impose harsh penalties, if convicted. The maximum jail time for an extreme DUI is 6 months. The minimum jail time is 30 days (21 may be suspended if ignition interlock device is installed on vehicle for 12 months). Fines and fees for an extreme DUI can total nearly $3,000 (including a $250.00 fine, plus 84% surcharge, $250.00 DUI Fund, $1,000 prison fund, $1,000 Public Safety Equipment Fund, and other fees). Additional fees can include jail costs, probation fees, and cost for interlock ignition device (approx. $800-$1000 for 12 months). In addition to financial penalties, an extreme DUI conviction may result in a 90-day license suspension (30-day full suspension; then 60 days restricted driving permit to drive to/from work/school). Other penalties following a DUI conviction can include, possibility of probation (up to 5 years), alcohol / drug screening and classes, community work service, possibility of SR22 insurance (increased insurance rates), and interlock ignition device requirements (for alcohol related DUI).

When facing DUI charges and the significant consequences if convicted, it is critical to consult with an experienced attorney regarding your legal options before you make any decisions regarding your case. Mr. Buckallew is an experienced DUI lawyer with extensive trial experience in both DUI and criminal cases. The Firm will vigorously advocate on your behalf, and has a proven track record in successfully resolving serious and complex criminal and DUI cases. The Firm handles DUI cases in Scottsdale, Phoenix, Gilbert, Mesa, Chandler, Tempe, West Valley cities and throughout the State of Arizona.

Contact the Firm today for a free consultation, with an experienced and aggressive criminal defense attorney, regarding your DUI case.

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Published on: June 13, 2012

Mesa Driver Accused of DUI and Drug Possession

By Law Offices of Trent R. Buckallew, PC

A Mesa resident is facing DUI and drug possession allegations after police attempted to pull him over on Sunday. The 39-year-old motorist was driving 12 miles per hour over the speed limit when police spotted his car at about 10:45 p.m., according to police. After police spotted the car, the man began weaving in and out of traffic and driving in between lanes. Shortly thereafter, the man exited the highway and entered a residential area.

According to local news reports (azcentral.com), when police attempted to pull him over, the man allegedly jumped out of his car and left it running on the side of the road. Peace officers pushed him to the ground, where he allegedly resisted arrest. After police apprehended the suspect by tasing and handcuffing him, police discovered nearly 55 grams of methamphetamine in the backseat of his car. Police also found $1,970 in the car, as well as a series of text messages related to drug sales.

A K9 search unit found two bags of a white, powdered material in the back seat of the car – one bag holding 29.6 grams of meth and the other holding 26.9 grams of the drug. After police officers tested the powder and discovered that it was methamphetamine, the driver was arrested. He faces allegations of possessing dangerous drugs with the intent to sell, aggravated assault on a police officer, reckless driving, and DUI.

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Published on: June 7, 2012

AZ 1st Time DUI Penalties

By Law Offices of Trent R. Buckallew, PC

A first time misdemeanor DUI includes violations involving, impaired to the slightest degree, above a .08 (BAC), any drug, any drug metabolite, or vapor releasing substance (ARS 28-1381). If you have been charged with a 1st time misdemeanor DUI charge, the penalties can be significant and the consequences long lasting. The maximum jail time for a misdemeanor DUI is 6 months. The minimum jail time is 10 days (9 may be suspended upon successful completion of alcohol classes or Continuous Alcohol Monitoring Program). Financial penalties for a first time DUI are steep and can include fines, court assessments and surcharges ofapproximately $1500.00, plus additional costs for alcohol screening and classes, jail costs, MADD Victim Impact Panel, and interlock ignition device (approximately $800-$1,000 for 12 months). In addition to financial penalties, a 1^st time DUI conviction may result in a 90-day license suspension (1 year revocation if convicted of drug related DUI). Other penalties following a DUI conviction can include, possibility of probation (up to 5 years), alcohol / drug screening and classes, community work service, possibility of SR22 insurance (increased insurance rates), and interlock ignition device requirements (for alcohol related DUI).

When facing DUI charges and the significant consequences if convicted, it is critical to consult with an experienced attorney regarding your legal options before you make any decisions in your case. Mr. Buckallew is an experienced litigator with extensive trial experience in both DUI and criminal cases. In addition to his law degree, he also holds a Master's in Forensic Science (M.F.S.) degree, giving him unique insight and expertise in challenging the scientific evidence in your case. The Firm will vigorously advocate on your behalf, and has a proven track record in successfully resolving serious and complex criminal and DUI cases. Early involvement by the Firm is critical to ensure that your rights are protected throughout every stage of the case. A full investigation of the evidence against you will be undertaken as the first priority. Through the course of his investigation, the attorney will identify any potential legal, procedural, or factual weaknesses in the case and determine the best course of action in resolving the case under the most favorable terms possible.

Contact the Firm today for a free consultation regarding your DUI case with an experienced and aggressive criminal defense attorney. The Firm handles DUI cases throughout the East Valley (including Chandler, Scottsdale, Tempe, Mesa, Gilbert, Apache Junction, Fountain Hills, San Tan Valley, Queen Creek and Casa Grande) as well as Phoenix, the West Valley, and statewide.

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Published on: June 7, 2012

Penalties – 1st Time Misdemeanor DUI in AZ

By Law Offices of Trent R. Buckallew, PC

Penalties – 1^st Time Misdemeanor DUI in AZ

A first time misdemeanor DUI includes violations involving, impaired to the slightest degree, above a .08 (BAC), any drug, any drug metabolite, or vapor releasing substance (ARS 28-1381). If you have been charged with a 1st time misdemeanor DUI charge, the penalties can be significant and the consequences long lasting. The maximum jail time for a misdemeanor DUI is 6 months. The minimum jail time is 10 days (9 may be suspended upon successful completion of alcohol classes or Continuous Alcohol Monitoring Program). Financial penalties for a first time DUI are steep and can include fines, court assessments and surcharges of approximately $1500.00, plus additional costs for alcohol screening and classes, jail costs, MADD Victim Impact Panel, and interlock ignition device (approximately $800-$1,000 for 12 months). In addition to financial penalties, a 1^st time DUI conviction may result in a 90-day license suspension (1 year revocation if convicted of drug related DUI). Other penalties following a DUI conviction can include, possibility of probation (up to 5 years), alcohol / drug screening and classes, community work service, possibility of SR22 insurance (increased insurance rates), and interlock ignition device requirements (for alcohol related DUI). The penalties become more harsh if a person has prior DUI's, higher BAC levels, was involved in a car accident at time of DUI, had minor children in the car at time of DUI, or were driving on a suspended driver's license at time of DUI.

When facing DUI charges and the significant consequences if convicted, it is critical to consult with an experienced attorney regarding your legal options before you make any decisions in your case. Mr. Buckallew is an experienced litigator with extensive trial experience in both DUI and criminal cases. In addition to his law degree, he also holds a Master's in Forensic Science (M.F.S.) degree, giving him unique insight and expertise in challenging the scientific evidence in your case. The Firm will vigorously advocate on your behalf, and has a proven track record in successfully resolving serious and complex criminal and DUI cases. Early involvement by the Firm is critical to ensure that your rights are protected throughout every stage of the case. A full investigation of the evidence against you will be undertaken as the first priority. Through the course of his investigation, the attorney will identify any potential legal, procedural, or factual weaknesses in the case and determine the best course of action in resolving the case under the most favorable terms possible.

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Published on: May 30, 2012

Memorial Day Weekend DUI Task Force

By Law Offices of Trent R. Buckallew, PC

According to recent reports by the AZ Republic, police made nearly 550 arrests of suspected drunken drivers over this past holiday weekend. The state's DUI Task Force had over 1,800 officers from many agencies working DUI checkpoints across the state, including the East Valley DUI Task Force and law enforcement officers from Mesa Police, Chandler Police, Gilbert Police, Phoenix Police, ASU Police, Department of Public Safety (DPS), and Maricopa County Sheriff's Office (MCSO). Of those arrested, 148 were charged with Extreme DUI (BAC of 0.15 or more) and 19 were charged with Underage Drinking. In addition to DUI enforcement, law enforcement agencies across the valley are also looking to raise awareness about seat belt use, and the "Buckle Up Arizona …. It's The Law" campaign includes police departments from Phoenix, Glendale, Goodyear, Peoria, Buckeye and the Maricopa County Sheriff's Office (MCSO). These efforts will run through June 3^rd and authorities aim to increase awareness about seat belt use and not drinking and driving.

If you were charged with DUI, Extreme DUI, Super Extreme DUI, Aggravated DUI, Underage DUI, Minor in Consumption, Minor in Possession, or any other alcohol related violation, you may be able to defend these charges in court. The consequences can be significant and leave a permanent mark on your criminal record so it is critical to seek the advice of counsel to determine your legal options before you make any decisions regarding your case. Penalties associated with DUI related charges can include jail time, significant fees/fines, community work service, alcohol classes and treatment, license suspension, interlock ignition requirements and other long lasting consequences.

Mr. Buckallew is not only experienced in DUI and criminal defense, with extensive trial experience, he also holds a Master's in Forensic Science (M.F.S.) degree, giving him unique insight and expertise in challenging the scientific evidence inherent in DUI cases. The Firm will vigorously advocate on your behalf, and has a proven track record in successfully resolving serious and complex criminal and DUI cases. Early involvement by the Firm is critical to ensure that your rights are protected throughout every stage of the case. The attorney will conduct a thorough investigation of the discovery in your case, including police reports, blood/breath/urine tests, field sobriety tests, witness statements, photographs, audio/video recordings, and any other evidence the state plans to present. Through the course of his investigation, the attorney will identify any potential legal, factual or procedural weaknesses or any constitutional violations in the case and determine the best course of action in resolving the case under the most favorable terms possible. Every case presents with a unique set of facts and you should consult with an experienced attorney to determine how best to proceed in your case.

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Published on: May 14, 2012

Cinco de Mayo DUI Task Force

By Law Offices of Trent R. Buckallew, PC

Cinco de Mayo DUI Arrests

With Cinco de Mayo being one of the biggest drinking holidays of the year, the DUI Task Force conducted a statewide enforcement effort during the holiday weekend, setting up checkpoints in the East Valley, West Valley and other points statewide. This DUI Task Force campaign resulted in 433 DUI related arrests. Of those, 134 were for extreme DUI, which is twice the legal limit, and more than 50 people were booked for drug-related DUI's. (Fox 10 News)

The Firm handles both alcohol and drug related DUI charges in the East Valley, West Valley, and throughout the State of Arizona. If you were arrested by the DUI Task Force, or any law enforcement agency in the State of Arizona, contact the Firm at (602) 825-3300 to arrange a free consultation regarding your case.

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