Queen Creek DUI and Criminal Defense
Call (480) 833-8613
Former Police Officer
Former DUI Prosecutor
Twenty Years DUI & Criminal Defense
QUEEN CREEK DUI DEFENSE
The town of Queen Creek has experienced tremendous growth over the last several years and has recently formed its own police force. Members of the Queen Creek Police Department have been recruited from other agencies, are very experienced and very skilled at DUI investigation and detection. If suspected of DUI, police will make specific observations of your driving behavior and look for specific cues which might indicate that you are impaired. Once stopped, you will be questioned about your alcohol consumption and asked to participate in a number of field tests such as the Walk and Turn, One Leg Stand and Horizontal Gaze Nystagmus ("the eye test"). You will also be asked to provide a preliminary breath test at the scene and if arrested, will be required to submit to a blood test for the purpose of determining your alcohol concentration or to see whether you may have ingested any illegal drugs. Upon receipt of your blood test results, you can be charged with:
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
Undoubtedly, a DUI charge will result in many questions and concerns which must be addressed immediately: Some of these issues may include:
1. Was I Required to Perform the Field Sobriety Tests?
There are three Field Sobriety Tests which have been developed by the National Highway Traffic Safety Administration (NHTSA) for officers in Arizona to use during DUI investigations. You are not required to perform any field sobriety tests requested by the officer. However, officers usually take a refusal to do the tests as an indicator of impairment and prosecutors can comment on your refusal at trial.
The Field Sobriety Tests most commonly used by police are:
- Walk and Turn - This test, often referred to as "walking the line," requires a person to walk heel to toe on a straight line. The person is required to take nine steps forward, pivot and then take nine steps back on that same line. Some of the mistakes officers will look for include not touching heel to toe while walking, raising arms to balance, failing to stay on a straight line, an improper pivot or incorrect number of steps.
- One Leg Stand - Here, an officer will instruct a DUI suspect to stand on one leg and raise the other foot about six inches off the ground. A person will be told to point their toe out, look at their raised foot and remain in that position for approximately thirty seconds. Using arms for balance, swaying, hopping, putting your foot down or not lifting it high enough will be viewed as mistakes.
- Horizontal Gaze Nystagmus - The "pen test" is one of the most relied upon by officers when they conduct a DUI investigation. A person suspected of DUI will be required to follow a pen or light with each eye. If a person is unable to track the pen or light smoothly, commonly referred to as "bouncing," the officer may conclude that he or she is under the influence of alcohol or certain drugs.
2. 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 drivers 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 drivers 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.
3. 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.
4. What are the Penalties for a DUI Conviction?
The penalties for a DUI conviction in Chandler 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.
4. Can a DUI Charge in Queen Creek 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.
CALL (480) 833-8613
Queen Creek CRIMINAL DEFENSE
The police and prosecutors in Queen Creek are very aggressive in enforcing the State's criminal laws. People arrested in Queen Creek and charged with Domestic Violence, a Drug Crime, any felony or misdemeanor offense will face some of the harshest penalties in the country. Depending upon the crime, mandatory penalties may include prison, probation, jail and significant fines and fees. After being arrested in Queen Creek Arizona, you should take immediate steps to protect your rights. 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 committing a crime. 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.
During Representation by Ray Kimble, You Will Receive:
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.
Attorney Raymond Kimble Provides Criminal Defense for all Misdemeanors and Felonies in Queen Creek 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
Have You Been Charged with Felony?
Felony crimes are treated extremely serious by both police and prosecutors. A felony conviction can carry very significant penalties and also result in the permanent loss of important cvil rights such as your ability to vote, possess a firearm, etc. Additionally, you also risk the loss of professional licenses and obtaining housing and credit will be extremely difficult.
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?
Even a misdemeanor conviction can severely impact your future. Although not as serious as a felony charge, misdemeanors crimes can result in jail terms, probation, fines and the loss of professional opportunities. Undoubtedly, potential employers consider misdemeanor convictions while making a hiring decision. During the last twenty years, Attorney, Raymond Kimble has successfully defended people charged with various misdemeanor offenses 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 consequences that result from a conviction.
Some of the misdemeanor charges Mr. Kimble commonly defends people against include:
What Court Will You Appear In?
When charged with a crime, you will be ordered to appear in a City, Justice or Superior Court. City and Justice Courts have jurisdiction over DUI, misdemeanor and traffic offenses while Superior Courts preside over more serious felony cases. 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.
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
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."
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
Call (480) 833-8613 for Help Now
As a former police officer, prosecutor and experienced Chandler Criminal Defense Lawyer, I know the criminal justice system, how prosecutors and police officers think and how to attack a 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 misdemeanor and felony cases. If you have been arrested or charged with a crime in Queen Creek or any city in Maricopa or Pinal County, call for immediate help.