The Town of Gilbert has grown substantially during the last ten years. In fact, Gilbert is always on the list of the fastest growing cities in America. Part of that growth has included a downtown area filled with popular bars and restaurants which draw crowds of visitors every weekend. As a result, police routinely focus patrols in the downtown Gilbert area searching for people who may have consumed to much alcohol and are impaired to drive. During their efforts to locate impaired drivers, police often patrol Gilbert Road and surrounding areas and parking lots on foot, bicycle and in marked police vehicles. Police are constantly looking for individuals just sitting in parked vehicles, driving erratically or displaying signs of alcohol impairment.
Facing a DUI Charge in Gilbert City Court?
You should be aware that the City of Gilbert aggressively prosecutes people who have been arrested for Driving While Impaired to the Slightest Degree by Alcohol or Drugs, Extreme DUI or Super Extreme DUI. Police will make detailed note of your driving behavior, statements about drinking alcohol, physical appearance and demeanor, performance on field sobriety tests and alcohol concentration for use by the prosecution in court. Normally, a person's alcohol concentration is determined by a blood test during DUI investigations conducted by Gilbert Police.
A DUI conviction in Gilbert will have very serious consequences. Although the Gilbert City Court has jurisdiction over misdemeanor offenses, any DUI conviction will result in jail time, significant fines and fees, probation, alcohol and drug testing, substance abuse education classes, a suspension of your driver's license and an ignition interlock device on your car for at least one year. The jail terms can vary and will increase depending upon whether you are convicted of a "regular" DUI, Extreme or Super Extreme DUI offense. If you fail to fulfill the terms of your sentence, prosecutors routinely file probation violation notices with the court and that could result in additional penalties.
Defending DUI Charges in Gilbert City Court
If you are arrested and charged with DUI in Gilbert, or in any other city in the greater Phoenix area for that matter, you should immediately contact an experienced DUI attorney to defend your rights. There are a number of items that can be examined when defending against a DUI charge including:
1. No Probable Cause to Stop - You may be able to successfully argue that there was no traffic violation committed which would justify the police initiating motor vehicle stop. On many occasions, police will claim that you were speeding, failed to maintain a single lane of traffic, etc. If there is no basis to justify the motor vehicle stop, your lawyer can file a Motion to Suppress and ask that any evidence obtained by police following an unlawful stop be precluded.
2.Lack of Actual Physical Control - Under Arizona Law, prosecutors must show that you were driving or in "actual physical control" of a motor vehicle to convict you of DUI. In cases where you were contacted by police while parked or after your car became disabled, you may be able to argue that you had no intention or ability to drive. In actual physical control cases, courts will examine where the vehicle was located, your position in the car, whether the car was running and whether you may have been using the car for temporary shelter only.
3. No Probable Cause to Arrest - Police cannot arrest a person for a criminal offense unless they have probable cause. With respect to DUI offenses, probable cause usually includes a person's driving behavior, statements about drinking, your physical demeanor and appearance, performance on field sobriety tests, etc. In cases where there is little evidence of bad driving or no evidence of alcohol or drug impairment, based on your appearance, statements or performing well on the FST's, you may argue there was no basis to arrest you for a DUI. If this argument is successful, the DUI charges would likely be dismissed.
4. Violations of Your Miranda Rights - After you are arrested or otherwise taken into custody by police, they must advise you of your right to remain silent, to speak with an attorney and that anything you say can be used against you in court prior to asking you any questions relevant to the DUI charge. If the police fail to properly advise you of your Miranda Rights, any statements you make cannot be used against you in court.
5. Challenging Blood Test Results - Police must follow proper procedures when drawing and analyzing your blood for purposes of determining your alcohol concentration. Moreover, prosecutors must show that the machine used to test your blood sample, known as a gas chromatograph, was working properly. Consequently, calibration, quality assurance and maintenance records must be examined so that any attacks on the reliability of the blood test results can be made. Additionally, other issues such as a proper chain of custody of the blood sample between the point in time it was drawn from your arm and ultimately analyzed must be investigated.
Call (480) 833-8613 For Help with Your Gilbert DUI Case
Undoubtedly, DUI charges are difficult to defend and also can result in very severe penalties. If you are charged with DUI in Gilbert or any other city in the greater Phoenix area, you should immediately consult with an experienced DUI lawyer for assistance. Attorney Raymond Kimble is a former police officer, DUI and felony prosecutor and has represented thousands of people charged with DUI in Tempe, Mesa, Gilbert, Scottsdale, Phoenix and other cities throughout Maricopa and Pinal Counties over the last twenty years. Ray Kimble will have a clear understanding of all the circumstances in your case, along with the knowledge, skill and experience to protect your drivers license and achieve the best possible outcome for you..