Queen Creek DUI Lawyer

Published on: October 23, 2012

DUI Charges – Queen Creek, AZ

By Law Offices of Trent R. Buckallew, PC

Queen Creek is a small town situated in southeast Maricopa County, with the southern part of town overlapping into Pinal County. The town is a unique mix of housing sub-divisions, homes on acreage, farmers and ranchers, and despite its growth, Queen Creek still has that rural feel about it. The San Tan Mountains lie to the south of Queen Creek and offer plenty of recreational activities including hiking, biking, camping and the like. Queen Creek is also home to the only working olive farm and mill in the State of Arizona – Queen Creek Olive Mill, where visitors can tour the olive mill, stroll through the olive groves, enjoy casual dining, and purchase a variety of olive oils and other unique gifts. Schnepf Farms is another longtime local fixture in the town of Queen Creek, where visitors can dine at the bakery, enjoy a hayride, tour the farm, go veggie picking, visit the museum, and much more. Given its small town feel, abundance of recreational activities, and easy commute to Phoenix and other valley cities, Queen Creek has become one of the "best kept secrets" in Arizona.

The Town of Queen Creek contracts with the Maricopa County Sheriff's Office (MCSO) to provide law enforcement services to the town as well as the unincorporated areas surrounding the town. If you are cited with a DUI in the Town of Queen Creek or surrounding unincorporated county islands, your case will likely be handled in the San Tan Justice Court, if you are being charged with a misdemeanor DUI. Felony DUI charges are generally filed in the Maricopa County Superior Court. The southern portion of Queen Creek, which overlaps into Pinal County, is patrolled by Pinal County Sheriff's Office (PCSO). If you were cited for DUI by PCSO, your case will likely be under the jurisdiction of one of the Pinal County Justice Courts, if it is a misdemeanor DUI, or Pinal County Superior Court if it is a felony Aggravated DUI charge.

The Firm has represented countless individuals who have been charged with DUI in Queen Creek, either by MCSO or PCSO, ranging from simple misdemeanor 1st Time DUI charges to very serious felony Aggravated DUI cases. Mr. Buckallew is committed to the defense of individuals charged with a DUI, or any other criminal charge, and focuses his scope of representation on matters involving DUI and criminal litigation, including (but not limited to) allegations of 1^st Time DUI, Extreme DUI, Drug-Related DUI, Aggravated DUI, Underage DUI, Minor in Possession, Minor in Consumption and DUI's involving serious injury or death. He has a proven track record of successfully resolving countless DUI cases over the course of his career. Mr. Buckallew has recently been elected as a National Trial Lawyers Top 100 Trial Attorney for 2012.

Continue reading →

Published on: September 13, 2012

Tempe DUI – Independent Blood Testing

By Law Offices of Trent R. Buckallew, PC

If you have been charged with a DUI in the Tempe, AZ or surrounding areas, it is important to seek the advice of an experienced Tempe DUI attorney as soon as possible after being stopped by law enforcement. By doing so, your attorney can guide you through the arrest process and help ensure your rights are protected, including your right to secure an independent alcohol test. As part of its DUI investigation, a police officer may conduct various tests to determine impairment, including field sobriety testing (FST) as well as utilizing a portable breath machine on scene to measure your blood alcohol content (BAC). It is important to understand that if you are arrested for DUI/DWI, you have the right to secure your own independent alcohol test and the police must make reasonable efforts to facilitate this request. While the state has no obligation to gather evidence for a suspect, it must allow a fair opportunity for the suspect to gather potentially exculpatory evidence and to affirmatively advise the suspect of their right to do so in cases where the police are not obtaining a blood sample by way of implied consent. Keep in mind, if you are going to get an independent sample (at a nearby hospital or doctor's office), you will need to get this done as soon as possible after your arrest, and at your own expense. As with most decisions that will need to be made during the course of your DUI court proceedings, there are benefits and challenges to requesting an independent blood test and it is ideal to consult with an attorney prior to making this and other decisions regarding your DUI case.

A DUI conviction can result in significant consequences, including steep fees and fines, possible incarceration, probation, ignition interlock requirements, alcohol treatment classes and other long lasting consequences, including a criminal record and the potential for increased insurance rates. Other challenges an individual may face as a result of a DUI arrest may include loss of driving privileges for a certain amount of time which can cause significant hardship to those who rely on transportation for commuting to and from work, school or fulfilling other obligations in life. DUI litigation is a complex area of law and there are many different aspects an attorney will want to address when challenging state's evidence, which can include the police report, results from any field sobriety testing (FST) that may have been performed during the DUI investigation, and also the results of any bodily fluids (such as blood or urine) that may have been taken to determine blood alcohol content (BAC) levels. Attorney Trent Buckallew has significant experience in litigating DUI matters in the City Tempe and throughout the State of Arizona, from first time DUI's to very serious and complex Aggravated DUI cases. He has a proven track record of success and a reputation for vigorously defending each and every client in court. To keep well informed of the complex area of DUI law, Mr. Buckallew also belongs to many professional DUI organizations such as the National College for DUI Defense, and has also recently been elected as a National Trial Lawyers Top 100 Trial Attorney for 2012.

Contact the firm today for a free case evaluation if you or a loved one has been charge with DUI in the City of Tempe, or surrounding areas, including Phoenix, Gilbert, Chandler, Mesa, Scottsdale, Paradise Valley and Queen Creek.

Continue reading →

Published on: September 12, 2012

Extreme DUI Penalties

By Law Offices of Trent R. Buckallew, PC

An extreme misdemeanor DUI includes violations involving a BAC above a .15, but less than .20 (ARS 28-1382). If you have been charged with an extreme misdemeanor DUI charge in Tempe, AZ or surrounding valley cities, the government may impose harsh penalties. 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 $3,000.00 (including a $250.00 fine, 84% surcharge, $250.00 DUI Fund, $1,000 prison fund, $1,000 Public Safety Equipment Fund, $20 Time Pay Fee, $20 Probation Fee and $13 Assessment). 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).

If you have been charged with any type of alcohol or drug related DUI charge, this Firm can help. There are many possible defenses for DUI cases, including Procedural Defenses — such as illegal stop, illegal detention, illegal arrest, and/or illegal search; Factual Defenses —such as not under the influence, not operating vehicle, mistaken identity, blood alcohol level not greater than .08 within 2 hours of driving, necessity, mechanical defects of vehicle; and Forensic Defenses — such as testing methodology failure, incompetent lab technicians, contaminated blood draw, breath machine failures and limitations, contamination issues.

Mr. Buckallew has extensive experience in litigating DUI cases, including complex felony DUI's, and has a reputation for launching an aggressive defense on behalf of each client to ensure the most favorable outcome possible in each case. In addition to his law degree, Mr. Buckallew also has a Master's in Forensic Science degree, giving him a unique understanding of both the legal issues as well as the complexities of the science behind the evidence. He also belongs to many professional criminal and DUI defense organizations, such as the National College for DUI Defense, in order to keep informed of the ever-changing practice of DUI litigation. Mr. Buckallew was also recently elected as a National Trial Lawyers Top 100 Trial Attorney for 2012. The Firm handles DUI cases in Scottsdale, Phoenix, Gilbert, Mesa, Chandler, Tempe, Paradise Valley, Queen Creek, West Valley cities and throughout the State of Arizona.

Continue reading →