Mesa Criminal and DUI Defense
Former Police Officer
Former DUI Prosecutor
Twenty Years DUI & Criminal Defense
Call (480) 833-8613
MESA DUI DEFENSE
People arrested in Mesa, Arizona and charged with a DUI, will face some of the harshest penalties in the country. Depending upon the level of offense, mandatory penalties may include jail and significant fines and fees. Attorney, Raymond Kimble is a former police officer and prosecutor and has amassed over twenty years experience defending thousands of clients who have been charged with DUI throughout Arizona. Mr. Kimble recognizes his clients have a constitutional right to an effective defense and takes a proactive approach to protect your freedom and future. Mr. Kimble has negotiated favorable resolutions for clients, has conducted many jury trials in the city, justice and superior courts and has litigated dozens of motions aimed at having evidence suppressed or cases dismissed.
Being arrested for a DUI, Extreme or Super Extreme DUI in the City of Mesa means you are immediately at risk of losing your drivers license, serving time in jail, paying significant fines and fees and having your vehicle impounded. You may also be required to attend alcohol education classes and place an ignition interlock device on your car.
Mr. Kimble prides himself on being accessible to his clients at all times, including nights and weekends by cell phone, text message or e-mail. If a client has a question or concern, Mr. Kimble prefers that it be addressed immediately.
Raymond Kimble Represents Individuals Charged with All Types of DUI's Including:
- Misdemeanor DUI
- Extreme DUI
- Super Extreme DUI
- DUI's Involving Drugs
- Commercial Driver's License DUI
- Aggravated DUI
- Boating DUI
1. What DUI's Are Prosecuted in Mesa City Court?
Arizona has several types of DUI charges which are dependent upon your alcohol concentration. Arresting officers will usually charge you with as many offenses as possible in order to make their case as strong as possible. You may have several DUI charges on the citation issued by officers or the complaint you received from the court. The potential jail time, fines and ignition interlock requirements will increase based on the level of DUI charge you are convicted of.
DUI Charges in Arizona Include:
- Impaired to the Slightest Degree (ARS 28-1381A1) - This charge essentially alleges that your driving ability was lessened to any degree because of alcohol, drugs or a combination of those things which you may have consumed. Police and prosecutors do not need a specific alcohol concentration to prosecute you for this offense. It can be based on a combination of factors such as your driving behavior, physical appearance, statements about drinking or drug use and performance on the field sobriety tests.
- Alcohol Concentration Above .08% (ARS 28-1381A2) - It is illegal to drive or be in actual physical control of a motor vehicle in Arizona with an alcohol concentration above .08% as measured by a breathalyzer or blood test within two hours of driving.
- Extreme DUI Above .15% (ARS 28-1382A1) - It is illegal to drive or be in actual physical control of a motor vehicle in Arizona with an alcohol concentration above .15% as measured by a breathalyzer or blood test within two hours of driving.
- Super Extreme DUI Above .20% (ARS 28-1382A2) - It is illegal to drive or be in actual physical control of a motor vehicle in Arizona with an alcohol concentration above .20% as measured by a breathalyzer or blood test within two hours of driving.
- Drug DUI (ARS 28-1381A3) - It is illegal to operate a motor vehicle in Arizona with an illegal drug such as methamphetamine, cocaine, heroin, etc. or a metabolite of that drug in your system. In cases such as these, prosecutors are not required to prove you were impaired. Rather, they only need to show that you were driving and that an illegal drug was in your system. This is usually illustrated by a blood or urine test.
2. What are the Penalties for a DUI Conviction?
The penalties for a DUI conviction in Mesa are governed by state law. Undoubtedly, the State of Arizona imposes some of the harshest consequences in the nation upon people who have been convicted of DUI. Unfortunately, a DUI conviction in Arizona requires individuals to serve mandatory jail sentences. The jail time imposed for a DUI will depend upon the level of offense and whether you have prior DUI convictions within the last seven years.
Jail Sentences for DUI Include:
1. Impaired to the Slightest Degree, DUI Above .08% or a Drug Related DUI - A sentence of ten days jail although nine days may be suspended upon the successful completion of alcohol or drug screening and treatment.
2. Extreme DUI - If you are convicted of driving with an alcohol concentration above .15%, the minimum penalty is 30 days jail. Twenty one days jail can be suspended by placing a certified ignition interlock device in your vehicle for one year following conviction. If eligible, you may also be able to serve a portion of your jail term through home detention or continuous alcohol monitoring.
3. Super Extreme DUI - If you are convicted of driving with an alcohol concentration above .20%, the minimum penalty is 45 days jail. Thirty one days jail can be suspended by placing a certified ignition interlock device in your vehicle for one year following conviction. If eligible, you may also be able to serve a portion of your jail term through home detention or continuous alcohol monitoring.
4. DUI with Prior Convictions During the Last Seven Years - If you have a prior DUI conviction within the last seven years of your current offense, the potential jail sentences will increase significantly. Specifically, and depending upon the type of DUI your are charged with, you may be required to serve anywhere from ninety days to six months in jail. In certain situations the jail time can be reduced upon completion of alcohol education classes or through participation in a home detention program.
Aside from mandatory jail terms, a DUI conviction will result in huge fines and fees, probation, alcohol or drug education classes, the suspension of your drivers licenses and installation of an ignition interlock device in your vehicle.
3. Can a DUI Charge in Mesa be Defended?
The short answer is yes. On many occasions, I have helped people obtain a complete dismissal of their DUI case or have substantially reduced the penalties my clients initially faced. Because the penalties for DUI are so severe, people who have been arrested should immediately contact an experienced DUI lawyer who is able to perform a thorough investigation, recognize important issues and work to obtain a favorable result.
Some possible defenses which can be used to avoid a DUI conviction include:
- Lack of Driving or Actual Physical Control
- No Reasonable Suspicion to Stop
- No Probable Cause to Arrest
- Improperly Administered Field Sobriety Tests (FST's)
- Right to Counsel Violations
- Violation of Miranda Warnings
- Inaccuracy of the Breathalyzer Device
- Retrograde Extrapolation
- Deficiencies in Blood Alcohol Testing & Issues in Blood Cases
- Denial of an Independent Blood Test
These issues can be used to challenge the prosecutor's evidence or the strength of their case, argue that evidence should be suppressed, negotiate a favorable result or show that the case is not strong enough for a jury to find you guilty beyond a reasonable doubt at trial.
4. How Can I Get My Car Out of Impound?
In Arizona, your car can be impounded if you are charged with:
- Driving on a suspended license
- Driving with alcohol in your system when under 21 years of age
- Extreme DUI
- Aggravated DUI
Your vehicle can be impounded for thirty days and can only be released after certain fees are paid. The required payment includes a $150 administrative fee and charges of $15 per day for storing your vehicle at the tow yard. You can request a Hearing and ask that your car be released immediately. However, the hold on your vehicle will only be lifted under very limited circumstances. Additionally, your car can be released to a third party such as your spouse or any other person who was included on the car title prior to your arrest.
5. Will My Driver's License Be Suspended Due to a DUI?
If you are arrested for DUI and refuse to participate in blood, breath or urine testing, or alternatively, take a blood or breath test and have an alcohol concentration above .08, an automatic suspension of your driver's license may go into effect. How long your driving privileges are suspended depends upon whether you agreed to a blood or breathalyzer test or whether you refused to take a test. If you agreed to participate in blood or breath testing, the suspension will last ninety days. Refusing to take a test will result in a potential license revocation of one year. Usually, the arresting officer will serve you with notice of the suspension at the time of your arrest. This driver's license suspension, also known as an administrative license suspension, is a civil penalty which is separate and apart from any penalties imposed by the court. Moreover, these license suspensions many still occur even if the underlying DUI charge is dismissed.
Be aware that you only have a very short period of time to request a Hearing with the Division of Motor Vehicles in order to challenge or postpone the suspension of your driver's license after being arrested for DUI. Once the time period to request a hearing has expired, the suspension will automatically become effective and cannot be reversed. Consequently, you should consult with an attorney as soon as possible after being arrested for DUI and served with a license suspension notice.
If a request for hearing to challenge the suspension of your driver's license is submitted in a timely manner, the Department of Transportation will schedule an Administrative Hearing within thirty days. The suspension of your license will also be placed on hold until after a decision has been made by the administrative law judge at the hearing.
The issues addressed at a DUI license suspension hearing are very limited. These include whether the arresting officer had reasonable grounds to believe you were:
- Driving or in actual physical control of a motor vehicle,
- Under the influence of liquor or drugs,
- Placed under arrest for DUI,
- Refused to submit to testing after being advised of the consequences, or
- Completed a blood or breath test and there was an alcohol concentration above .08.
While representing clients who have been charged with DUI, I always request a Hearing aimed at protecting your driving privileges and will work to help you avoid a suspension or obtain a restricted license or work permit.
Call (480) 833-8613 for Help Now
MESA CRIMINAL DEFENSE
Harsh consequences may result if you are accused of a misdemeanor criminal charge in Mesa City Court or are arrested for a felony offense and ordered to appear in Maricopa County Superior Court. Any criminal conviction can result in prison, jail, being placed on probation, paying huge fines and attending mandatory counseling classes. For the past twenty years, I have worked diligently for clients and have had continuous success in having charges dismissed, obtaining not guilty verdicts at trial and negotiating favorable plea agreements.
All Criminal Charges Are Serious
Any domestic violence offense, misdemeanor or felony charge can have a negative impact on your future. Aside from a potential jail or prison sentence, convictions could also result in:
- Mandatory Counseling
- Fines and Fees
- Loss of Gun Ownership Rights
- Loss of Important Civil Rights such as the Right to Vote
- Forfeiture of Professional Licenses or Fingerprint Clearance Cards
- Inability to Obtain Credit, Housing or Gainful Employment
Attorney Raymond Kimble Provides Criminal Defense for all Felonies in Mesa Including:
- Assault and Aggravated Assault
- Auto Theft
- Child Abuse
- Child Molestation
- Child Pornography
- Criminal Trespass
- Disorderly Conduct
- Domestic Violence
- Drug Possession and Sales
- Marijuana Offenses
- Probation Violations
- Sexual Offenses
- Vehicular Manslaughter
- Weapons Offenses
Aside from representing people charged with felony crimes, I also regularly represent individuals who are charged with committing misdemeanor offenses and ordered to appear in Mesa City Court.
The Potential Punishment for Felony Crimes Are:
1. Class 1 Felony - Life in Prison
2. Class 2 Felony - Between 3 and 12.5 years in prison, up to 7 years probation (which may include one year in jail) and $150,000 in fines
3. Class 3 Felony - Between 2 and 8.75 years in prison, up to 5 years probation (which may include one year in jail) and $150,000 in fines
4. Class 4 Felony - Between 1 and 3.75 years in prison, up to 4 years probation (which may include one year in jail) and $150,000 in fines
5. Class 5 Felony - Between 6 months and 2.5 years in prison, up to 3 years probation (which may include one year in jail) and $150,000 in fines
6. Class 6 Felony - Between 4 months and 2 years in prison, up to 3 years probation (which may include one year in jail) and $150,000 in fines
You should be aware that felony crimes which are classified as Dangerous Offenses, Sex Assault and Sex Offenses committed against children have special sentencing provisions which require mandatory prison sentences greater than the general felony offenses listed above. Additionally, people who have prior felony convictions are also at risk of being classified as "repeat offenders" and sentenced to greater prison terms.
What Misdemeanor Offenses Do We Defend?
During the last twenty years, I have successfully defended people charged with various misdemeanor offenses in Mesa and throughout Maricopa and Pinal Counties. Although the potential penalty for a misdemeanor conviction can involve probation, up to six months jail and fines of $2,500, an experienced attorney can help to have charges dismissed or to avoid harsh results such as probation and jail.
Some of the misdemeanor charges I regularly defend people against include:
Arrested for a Domestic Violence Offense?
Domestic violence involves alleged crimes committed by spouses, family members, individuals who live together, or people involved in an intimate relationship against each other. Domestic violence offenses can be classified as misdemeanor or felony crimes and can result in a permanent conviction, probation, jail or prison terms. Additionally, you may permanently lose your right to possess or own a firearm if convicted of certain domestic violence offenses.
Under Arizona law, domestic violence can include, but is not limited to the following offenses:
- Abuse of a Child or Vulnerable Adult Abuse
- Aggravated Assault
- Criminal Trespass
- Custodial Interference
- Dangerous Crimes against Children
- Disorderly Conduct
- Interfering with Judicial Proceedings
- Kidnapping or Unlawful Imprisonment
- Negligent Homicide
- Sexual Assault
- Threatening and Intimidating
If you have been charged with a Domestic Violence offense, it is important to contact an experienced criminal defense lawyer as soon as possible. Domestic Violence convictions will have a negative impact upon your future. Consequently, you should contact a lawyer who regularly defends people who are charged with these crimes and can recognize potential defenses and the best course of action for you. Over the last twenty years, I have represented hundred of people charged with Domestic Violence and have obtained great results for my clients.
Potential Defenses to a Criminal Charge
Whether you've been charged with a misdemeanor or felony offense it is important to contact an experienced criminal defense lawyer who can evaluate the facts of your case and aggressively use any available defenses to obtain the most favorable outcome. Perhaps the most important concept in criminal cases is that the prosecutor carries the burden of proving individuals "guilty of a crime beyond a reasonable doubt." I regularly use many arguments to illustrate that "reasonable doubt" exists in order to obtain a dismissal or reduction in charges.
Some Defenses Which Can Be Used To Argue Against a Criminal Charge Include:
- Self Defense
- Defense of a Third Person
- Defense of Property
- Illegal Search
- Violation of Miranda Warnings
- Being "merely present" when a crime was committed but not aiding or participating in any way
- Not intending to commit a criminal act
What Court Will You Appear In?
The Court you are ordered to appear in will depend upon the classification of the criminal charge and what police department was responsible for your arrest. There are three types of courts which preside over violations of Arizona's criminal statutes. These include:
1. City Courts - Will have jurisdiction over misdemeanor offenses which are investigated by the local police department
2. Justice Courts - Have jurisdiction over misdemeanor offenses which are investigated by the sheriff's office or Department of Public Safety
3. Superior Courts - Preside over felony crimes which occur in the county where the court is located.
What to Expect During Representation?
Ray Kimble is a former Police Officer, and Felony Prosecutor who has been defending people charged with misdemeanor and felony crimes throughout Maricopa and Pinal Counties during the last twenty years. Mr. Kimble prides himself on being accessible to his clients at all times, including nights and weekends by cell phone, text message or e-mail. If a client has a question or concern, Mr. Kimble prefers that it be addressed immediately. Additionally, Ray Kimble offers his clients:
1. Experience - Mr. Kimble was a police officer and detective for ten years, a DUI and Felony Prosecutor and has been practicing DUI and Criminal Defense for over twenty years.
2. Personal Attention - Mr. Kimble will be solely responsible for your case and be directly accessible to you during business hours, at night and on weekends.
3. Full Investigation of Your Case - This includes reviewing police reports, body camera video, laboratory results, witness statements and consultation with you concerning the alleged incident. Mr. Kimble will also consult with necessary experts to assist in your defense.
4. Research - Legal Issues as well as circumstances concerning the facts of your case or important witnesses will be closely examined.
5. Effective Negotiations - Often, intelligently crafted negotiations can lead to a reduction or dismissal of charges.
6. Clear Guidance - Mr. Kimble will fully evaluate your case and recommend the best course of action.
Call (480) 833-8613 for Help Now
As a former police officer, prosecutor and experienced criminal defense attorney, I know the criminal justice system, how prosecutors and police officers think and how to attack a DUI or criminal charge from all angles. I have represented thousands of people from all walks of life who have been charged with serious offenses and have expertise in achieving a dismissal of the charges, negotiating favorable agreements and conducting jury trials in all types of DUI, misdemeanor and felony cases. If you have been arrested or charged with a crime in Mesa or any city in Maricopa or Pinal County, call for immediate help.
Mesa City Court
250 East 1st Avenue
Mesa, AZ 85210