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Hi I'm David Cantor with the Law Offices of David Michael Cantor.
Welcome to my blog,
today's topic is going to be DUI defenses.
Now DUI defense is a lot of people ask me "what defenses are there
if I gave a blood or breath test, i've been stopped, I got the ticket now i'm
here to see you, what can i do?"
Well the defenses are numerous and their diverse,
first there's no actual physical control.
What does that mean? Under Arizona law, you have to actually be operating a
motor vehicle in order to be cited for DUI, people say well I didn't feel well I
pulled off the roadway,
I put my car in park but I left engine on to run the air conditioner, or the heater
it's winter time.
Was I in Actual Physical Control?
The answer is no. Under the law if you voluntarily relinquish control
and you meerly use it
as stationery shelter, that being your car,
you have a defense.
Another defense, no reasonable suspicion to stop, was I stopped because I was
merely pulling out of a bar late at night or I was the wrong color in the wrong
neighborhood, that
is one of the elements we look for.
Another defense that we look for is Denial of Right to Counsel, when she said look
I want to call my lawyer, if they don't let you call a lawyer
or give you a phone or the phone book while you're in custody, that
reading can be suppressed and the whole case can be thrown out. why? because we
would have told you, hey get an independent blood test but your body is
burned off that evidence by the time you see us, we can never regain that
opportunity and that's why if there's denial right to counsel that's an issue.
No private phone call, you do you call a lawyer and we say
ask the officer for private phone call, officer can you leave the room,
No I can't leave the room because the machine is next to you, it's our policy we
don't let you alone with the breath testing device.
Well, that's a defense it has a chilling effect we cannot talk to you indepth
because you may see such things as well i had x amount to drink,
or I maybe smoke something or took some drugs so we're not going
to ask you questions that will
promote verbal response infront of the officer but that is a defense to the
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breath testing flaws,
machine's break all the time we get the standard quality insurance procedure the
31 day records, the 90 day records and we will look through those
records, blood testing devices, same thing
fermentation within the blood creates alcohol that's a defense, might be
microbials, we also look for a coagulants, if the
anti-coagulant powder in the bottom of the vial didn't work and there's a blood
clot believe it or not, the solid does not contain alcohol and it
raises the alcohol reading in the rest of the blood that's left in the vial,
that's the defense.
We will actually go out and look at the vial and hire an expert
who will re-test that blood.
Some of the other oddball defenses is we call them
come down to some constitutional issues
on the timing,
did they wait too long before they charged you, did they give you a blood destruction
notice?
They didn't charge you sometimes up to a year later and since that time the second
vial of blood that they keep so you can analyze it independently gets destroyed.
So there are many many many defenses to a DUI,
they can be beaten, we routinely beat them
and that's why you need to give us a call so we can help you out on these.