August 30, 2013

DUI in Chandler Arizona



DUI in Chandler Arizona

If you find yourself facing a DUI in Chandler Arizona, you should contact a Chandler DUI Attorney who is familiar with defending DUI in Chandler Arizona.

Your DUI is a criminal offense in Chandler Arizona. Unless your license was suspended at the time, you already have two DUI convictions within 7 years, or you had a child under 15 years of age in the car, your Chandler DUI will be a class one misdemeanor. If you are stopped for a DUI in Chandler Arizona you will most likely land in one of three courts. Your Chandler DUI will be cited or charged in Chandler Municipal Court (also called the Chandler City Court), the San Marcos Justice Court, or the San Tan Justice Court.  All of these courts are located on Chicago Street in Chandler Arizona. The Chandler Municipal Court is located at 200 East Chicago Street Chandler, AZ 85225. The Justice Courts are located in the San Tan Regional Court Center across the street at 201 East Chicago Street Chandler, AZ 85225. The Municipal court is on the north side of Chicago while the Justice Courts are located on the south side of Chicago Street.

There are important differences between the courts. Contacting a Chandler DUI Lawyer who is experienced in the defense of DUI in the Chandler Municipal Court, the San Tan Justice Court and the San Marcos Justice Court is essential and can make a difference in the outcome of your case.



DUI in Chandler Municipal Court

DUI in Chandler Municipal Court is prosecuted by the City of Chandler Prosecutor’s Office. The Chandler Police Department relies on blood draws in their DUI investigations to determine blood alcohol content. The Chandler Police Department does have a crime lab equipped to test for blood alcohol content. The City of Chandler does have a home detention program.


DUI in San Marcos Justice Court

DUI in San Marcos Justice Court is prosecuted by the Maricopa County Attorney’s Office. There can be several different law enforcement agencies that may be responsible for investigating a DUI cited into the San Marcos Justice Court. You may find both blood and breath testing cases in San Marcos Justice Court. Blood results may be tested by the Department of Public Safety Crime Lab resulting in delays in obtaining the blood results. The San Marcos Justice Court does not have a home detention program.


DUI in San Tan Justice Court

DUI in San Tan Justice Court is prosecuted by the Maricopa County Attorney’s Office. There can be several different law enforcement agencies that may be responsible for investigating a DUI cited into the San Tan Justice Court. You may find both blood and breath testing cases in San Tan Justice Court. Blood results may be tested by the Department of Public Safety Crime Lab resulting in delays in obtaining the blood results. The San Tan Justice Court does not have a home detention program.

Speak to a Chandler DUI Lawyer who has extensive experience in the defense of DUI in both the San Marcos Justice Court and San Tan Justice Courts, as well as the Chandler Municipal Court to explain what these differences can mean to your case.

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations

August 28, 2013

DUI in Gilbert Arizona



DUI in Gilbert Arizona

If you find yourself facing a DUI in Gilbert Arizona, you should contact a Gilbert DUI Attorney who is familiar with defending DUI in Gilbert Arizona.

Your DUI is a criminal offense in Gilbert Arizona. Unless your license was suspended at the time, you already have two DUI convictions within 7 years, or you had a child under 15 years of age in the car, your Gilbert DUI will be a class one misdemeanor. If you are stopped for a DUI in Gilbert Arizona you will most likely land in one of two courts. Your Gilbert DUI will be cited or charged in either Gilbert Municipal Court or Highland Justice Court. Both Courts are located in the same building. There are important differences between the courts. Contacting a Gilbert DUI Lawyer who is experienced in the defense of DUI in both the Gilbert Municipal Court and the Highland Justice Court is essential and can make a difference in the outcome of your case.

DUI in Gilbert Municipal Court

DUI in Gilbert Municipal Court is prosecuted by the Town of Gilbert Prosecutor’s Office. The Gilbert Police Department relies on blood draws in their DUI investigations to determine blood alcohol content. The Gilbert Police Department does not have a crime lab equipped to test for blood alcohol content and in the recent past the Town of Gilbert had contracted with the City of Chandler Crime Lab to obtain results for their blood draws. Currently Gilbert is contracting with the City of Mesa Crime Lab to test their blood draws. Gilbert Police Officers often do not submit Admin Per Se Affidavits resulting in an SR22 requirement after conviction. The City of Gilbert does have a home detention program.

DUI in Highland Justice Court

DUI in Highland Justice Court is prosecuted by the Maricopa County Attorney’s Office. There can be several different law enforcement agencies that may be responsible for investigating a DUI cited into the Highland Justice Court. You may find both blood and breath testing cases in Highland Justice Court. Blood results may be tested by the Department of Public Safety Crime Lab resulting in delays in obtaining the blood results. The Highland Justice Court does not have a home detention program.

Speak to a Gilbert DUI Lawyer who has extensive experience in the defense of DUI in both the Highland Justice Court and the Gilbert Municipal Court to explain what these differences can mean to your case.

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations

Gilbert Criminal Law Lawyer / Highland Justice Court Criminal Law Lawyer



Gilbert Criminal Law Attorney / Highland Justice Court Criminal Law Attorney

I have practiced as a Gilbert Criminal Law Attorney and a Highland Justice Court Criminal Law Attorney in the Gilbert Courts for many years now. Because I live in Gilbert Arizona and I have a law office in Gilbert Arizona, I handle a large number of Gilbert Court cases. I have practiced in courts all over the State of Arizona, and the Gilbert Court house is a very nice facility. The abundance of roomy private conference rooms with large tables and an adequate number of chairs is an uncommon luxury that I quite enjoy. There is plenty of parking directly in front of the courthouse and I have never seen the parking lot come close to being full. I find the security staff to be very pleasant. The judges and court clerks at the Gilbert Court are very efficient, and you will not spend hours waiting for things to happen like some other courts.

Gilbert Municipal Court vs. Highland Justice Court

What is the difference between Gilbert Municipal Court and Highland Justice Court? I was asked to discuss Gilbert Municipal Court vs. Highland Justice Court. Both the Gilbert Municipal Court and the Highland Justice Court are actually located in the same building which can be a little confusing to some. The address is 55 East Civic Center Drive #101 Gilbert Arizona 85296. The difference between the two courts is jurisdiction. Both courts hear some of the same types of cases. In a criminal offense, the deciding factor as to which court you find yourself in is the location of where the events that lead to you being charged with an offense occurred. For example, if you are charged with Excessive (Criminal) Speeding in Gilbert Arizona, the location of the offense will determine which court you are cited to appear. If you are alleged to be excessive (criminal) speeding on a City of Gilbert Street and cited by the Gilbert Police Department, you will find yourself in Gilbert Municipal Court. If you are alleged to be excessive (criminal) speeding on the 202 freeway and cited by the Department of Public Safety, you will find yourself in Highland Justice Court. In Gilbert Municipal Court you will be prosecuted by the Town of Gilbert Prosecutor’s Office. While in Highland Justice Court, you will be prosecuted by the Maricopa County Attorney’s Office. There are significant differences between the two prosecutorial offices and their respective polices as they relate to specific crimes. It is important to talk to a Gilbert Criminal Lawyer who also has experience as a Highland Justice Court Lawyer and understands the differences between the two courts and and has extensive experience in dealing with the prosecutors in both offices. It can make all the difference in the outcome of your case.

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations

August 26, 2013

CDL Violations in Casa Grande Arizona



CDL Tickets / CDL Violations in Casa Grande Arizona


CDL Violations / CDL Tickets

Over the years, I seem to have handled more CDL violations out of Casa Grande Arizona in the Casa Grande Justice Court than any other court. That is why I have posted this specifically. If you are a CDL driver and find yourself with a civil or criminal citation into Casa Grande Justice Court or Casa Grande Arizona give me a call, I can definitely help you.

Out of State?

Being able to attend court appearances for a commercial driver can be extremely difficult. Many CDL drivers find themselves scheduled to be hundreds of miles away on their assigned court date. Hiring a lawyer experienced in handling CDL and traffic related offenses to appear for you is a solution. You need a lawyer who is experienced in both CDL and traffic offenses, and has extensive experience in the particular court in which you are scheduled to appear. For most cases you will not need to appear at court to resolve your case if you hire the right lawyer. This allows you to continue working and resolve your case without interfering with your driving schedule or your employment.

Career Impact
 
Your CDL license is your livelihood. You need a lawyer who understands that for a CDL driver, a single ticket can have a detrimental on your career and ability to drive commercially both in Arizona and other states. You need a lawyer who is experienced in CDL and other traffic offenses, and has extensive experience in the particular court in which you are scheduled to appear. Knowledge and experience in that court are essential if you hope to achieve a resolution that you can live with and continue driving.
 
These are some examples of common CDL violations that CDL drivers face in Casa Grande Arizona:

False Log Book
Unsafe Equipment
Overweight
Speed
Criminal Speed
Excessive Speed
Aggressive Driving
Reckless Driving
Log not Current
Hour Violations
Medical Card Issues
DUI
Open Container
Following to Close
Move Over Law
Improper Lane Change

 

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations

August 22, 2013

Jail for Criminal Speeding in Arizona?



Jail for Criminal Speed in Arizona?

In Arizona, you CAN go to jail for Criminal Speed. Criminal Speed is officially referred to as Excessive Speed in the Arizona statutes. You can be charged with Excessive Speed if:

1)    You exceed 85 mph.

2)    You exceed the posted speed limit by more than 20 mph in a residential or business district.

3)    You exceed 35 mph approaching a school crossing.

Excessive Speed is a crime. It is a class 3 misdemeanor in Arizona. For a class 3 misdemeanor in Arizona you can receive up to 30 days of jail. Your chances of receiving jail time go up in relation to your speed. In other words, a person charged with exceeding 85 miles per hour on a highway who is clocked at 102 miles per hour would have a greater risk of receiving jail time than a person who is clocked at 92 miles per hour. Many judges and prosecutors follow guidelines and policies as to where to begin to impose jail time. This varies from court to court.

To determine if you may be facing potential jail time it is important that you contact a lawyer who:

1)    offers a free consultation

2)    handles this crime often

3)    has extensive experience with this crime in the particular court you are required to appear.

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations

August 21, 2013

What is Criminal Speed in Arizona?



What is Criminal Speed in Arizona?

In Arizona, you can actually be charged with a crime for speeding. In the State of Arizona there are three different ways you can be charged for criminal speed.

1)    Exceeding 85 miles per hour.

2)    You can also be charged with criminal speed for exceeding the posted speed limit by more than 20 miles per hour in a residential or business district.

3)    Exceeding 35 miles per hour approaching a school crossing.

Criminal Speeding is officially referred to as Excessive Speed in the Arizona statutes. The crime of Excessive Speed is a class 3 misdemeanor in Arizona. For a class 3 misdemeanor you can be punished with up to 30 days of jail and fined up to $500.00. Additional surcharges can be added which almost double the base fine.
Because it is a crime, there will be a State Prosecutor assigned to prosecute your case.  If you miss a court date, the court will issue a warrant for your arrest. If you are interested in a more detailed definition and explanation of Criminal Speeding, call or contact a lawyer who is experienced with and handles this crime for a free consultation.


THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations

Do I Need an Attorney for a Criminal Speeding Ticket?


Do I Need an Attorney for a Criminal Speeding Ticket?

In Arizona, many people are surprised to find themselves charged with a crime for speeding. Many Arizona residents and travelers in Arizona are unaware that such a crime exits. If you are interested in a more detailed definition and explanation of Criminal Speeding, which is actually officially called Excessive Speed in the Arizona statutes. (see Consequences of Excessive (Criminal) Speeding in this blog)

If the State of Arizona, through the law enforcement officer who issued you the ticket, can prove beyond a reasonable doubt that you were traveling excess of 85 mph or speeding 20 mph or more over the posted speed limit for that particular area, you can be charged in Arizona with a class 3 misdemeanor. This means the State of Arizona will attempt to obtain criminal conviction subjecting you to potential jail time. Yes, you can actually go to jail for Excessive Speed in Arizona. For a detailed explanation of misdemeanors in Arizona (see Misdemeanors in Arizona in this blog)

What are the Benefits of Representation on a Criminal Speeding Charge?

Since you are actually charged with a crime, this entitles you to all the rights and protections afforded any citizen who is charged with a criminal offense. The State of Arizona is required to prove your Excessive Speeding (Criminal Speeding) charge with the same burden of proof necessary to prove any type of criminal case. That means that there will be a State Prosecutor who is assigned your case. In a civil speeding violation, the law enforcement Officer who issued the ticket shows up to court. In a criminal case you will be prosecuted by a State Prosecutor. A State Prosecutor is a lawyer who represents the State of Arizona. On TV they always call them DA’s. The general public seems to be more familiar with that name. In a criminal trial there is a different level of proof that you are entitled, unlike a normal civil traffic speeding violation. (see The Difference Between Criminal Traffic Violations vs. Civil Traffic Violation in Arizona in this blog), At a criminal trial the State of Arizona must prove the Excessive Speed offense beyond a reasonable doubt. Unlike a civil traffic violation, the Arizona Rules of Criminal Procedure and the Arizona Rules of Evidence apply in this trial. An experienced trial lawyer can be of great assistance to you at each of the various stages of a criminal proceeding such as this. An experienced trial lawyer may be able confront the State of Arizona’s prosecutor and achieve an acquittal (dismissal of the charges) at trial. A good lawyer may also be able to convince the prosecutor to dismiss the crime prior to trial, or reduce the charge to a civil violation.

There are many negative consequences of Excessive Speeding (Criminal Speeding). An experienced trial lawyer can help you avoid a criminal conviction. With skilled representation you may be able to avoid consequences including:

Up to 30 days of jail time
Mandatory fines plus surcharges
Court ordered classes

Court ordered community service
Classes ordered by Arizona Motor Vehicle Division (MVD)
Points accessed by Arizona Motor Vehicle Division (MVD) to your driving record
Potential suspension or revocation of your driver’s license
Higher insurance, cancellation, or denial of insurance
Conviction of a crime resulting in a criminal record
Effects on immigration status, visas, and passports
Court ordered probation

Having to report a criminal conviction for employment
Negative consequences to vocational licenses (nursing, teaching, security clearances, etc.)
Having your vehicle impounded

 

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761

Free 24 Hour Consultations