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Scottsdale DUI and Criminal Defense

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Former Police Officer

Former DUI Prosecutor

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SCOTTSDALE DUI DEFENSE

Every weekend, people find themselves being stopped for a traffic violation and investigated for impaired driving after they've left one of the city's bars, nightclubs or restaurants.  Police consistently saturate the Old Town and downtown areas looking for people who may be driving drunk.  Once stopped, police routinely question drivers about their alcohol consumption, administer standard field sobriety tests and subject individuals they arrest to both breath and blood testing. Police will also analyze a person's blood sample for drugs if they think impairment was caused by something other than, or addition to alcohol.

DUI Charges Are Serious

Undoubtedly, the penalties for DUI in Arizona are some of the harshest in the nation.  Depending upon whether the charge involves being Impaired to the Slightest Degree, Extreme or Super Extreme DUI, possible punishments could involve:

  • Between one and forty five days jail for a first offense
  • A suspension of your drivers license
  • Fines and fees totaling $2,500 plus jail costs and surcharges
  • Alcohol Screening and Education Classes
  • Placement of an Ignition Interlock Device on your car

I have represented thousands of people charged with DUI in Scottsdale and throughout the greater Phoenix area during the last twenty years.  Aside from offering a free initial consultation, all of my clients are able to reach me directly anytime by phone, text or email.  I am always available to answer questions from clients during the evening or weekend as I don't want my clients to be stressed about an issue which I could address immediately for them.

Raymond Kimble Represents Individuals Charged with All Types of DUI's Including:

Undoubtedly, a DUI charge will result in many questions and concerns which must be addressed immediately:  Some of these issues may include:

1. 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:

  1. Driving or in actual physical control of a motor vehicle,
  2. Under the influence of liquor or drugs,
  3. Placed under arrest for DUI,
  4. Refused to submit to testing after being advised of the consequences, or
  5. 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.

2. Can I Get My Car Out of Impound?

In Arizona, your car can be impounded if you are charged with:

  1.  Driving on a suspended license 
  2.  Driving with alcohol in your system when under 21 years of age
  3.  Extreme DUI
  4.  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.

3. Can a DUI Charge in Scottdale 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. What are the Penalties for a DUI Conviction?

The penalties for a DUI conviction in Scottsdale 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.

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.

What to Expect During Representation?

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.     

Read About Our DUI Success

Call (480) 833-8613 

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SCOTTSDALE CRIMINAL DEFENSE

Scottsdale has long prided itself on being one of the top twenty-five cities to live in.  The population  continues to grow and new entertainment and sports attractions are added yearly.  Additionally, thousands of people visit the city's bars, nightclubs or restaurants each weekend.  To maintain the quality of life Scottsdale offers, police are constantly on the lookout for signs of criminal activity.  Whether it's drug offenses, property crimes or violence incidents, police and prosecutors devote a lot of time and resources to investigate, arrest and prosecute people who commit crimes within the city.  

All Criminal Charges Are Serious!

Being charged with a crime in Scottsdale means you face potential jail or prison terms, probation, huge fines and a permanent mark on your record.   Consequently, you should immediate contact an experienced criminal defense attorney to protect your legal rights, freedom and future. 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 you.  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. 

Attorney Raymond Kimble Provides Criminal Defense for all Misdemeanors and Felonies in Scottsdale Including:

Have You Been Charged with 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 The Following Offenses:

  • Abuse of a Child or Vulnerable Adult Abuse                                                               
  • Aggravated Assault
  • Assault
  • Criminal Trespass
  • Custodial Interference
  • Dangerous Crimes against Children
  • Disorderly Conduct
  • Endangerment
  • Harassment
  • Interfering with Judicial Proceedings
  • Kidnapping or Unlawful Imprisonment
  • Manslaughter
  • Murder
  • Negligent Homicide
  • Sexual Assault
  • Stalking
  • Threatening and Intimidating

The  City of Scottsdale aggressively prosecutes people who are accused of domestic violence.  However, there are a number of defenses which can be argued on your behalf to avoid a permanent conviction and the negative impact a domestic violence conviction will have on your future.  Attorney, Ray Kimble has represented thousands of people charged with domestic violence throughout Arizona and has achieved tremendous results for his clients.  

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:

  1. Domestic Violence
  2. Prostitution
  3. Shoplifting
  4. Assault
  5. Theft
  6. Criminal Damage

Criminal Charges Can Be Defended

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."  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.  

Some Defenses Which Can Be Used To Argue Against a Criminal Charge Include:
  1. Self Defense
  2. Defense of a Third Person
  3. Defense of Property
  4. Illegal Search
  5. Violation of Miranda Warnings
  6. Being "merely present" when a crime was committed but not aiding or participating in any way
  7. Not intending to commit a criminal act
  8. Consent
  9. Duress

Arrested for a Drug Offense?

The possession of any controlled substance such as heroin, cocaine, methamphetamine, etc is considered a felony in Arizona. The crime can be much more serious if police believed you had a purpose other than merely possessing and using drugs. Law enforcement officers look for indications such as the quantity of drugs found, packaging materials, scales and a large amount of cash to determine if you may have possessed narcotic or dangerous drugs for sale or distribution.  Attorney Raymond Kimble is a former police detective and felony prosecutor who has successfully represented hundreds of clients charged with possession, transportation and distribution of prescription, narcotic and dangerous drugs for sale in Phoenix and throughout Arizona.

The Laws Pertaining to Sale of Illegal Substances in Arizona:

  • Possession, Transportation or Manufacturing of Dangerous Drugs for Sale: A person shall not knowingly possess for sale, transport or manufacture use a dangerous drug for subsequent sale. The most common types of dangerous drugs people in Arizona are charged with possessing include methamphetamine, ecstacy and LSD.
  • Possession, Transportation or Manufacturing of Narcotic Drugs for Sale: A person shall not knowingly possess for sale, transport or manufacture use a narcotic drug for subsequent sale. The most common types of narcotic drugs people in Arizona are charged with possessing include cocaine, crack cocaine and heroin. These days, police are focusing much of their attention on individuals distributing fentanyl pills as well.

Penalties for Possession, Transportation or Distribution of Drugs for Sale:

Generally, possession of illegal drugs, with the exception of drug paraphernalia is a Class 4 felony. However, if you are charged with possession, transportation or distribution of drugs for sale, the potential penalties increase dramatically. In some circumstances you may be eligible for probation. However, where there are multiple sales alleged or where the amount of drugs is greater than the “statutory threshold,” a prison sentence upon conviction is mandatory. Additionally, because methamphetamine is such as serious problem in Arizona, individuals who are convicted of selling methamphetamine are not eligible for probation and face a mandatory prison term of between 5 and 15 years. Aside from the potential of a jail or prison term, people also face huge fines, the loss of public benefits, community service and a permanent felony conviction on their record.

Defenses to Drug Charges

There are a number of defenses which can be argued to defend against a charge that you were possession, selling or transporting drugs for sale.   An experienced Defense Lawyer such as Raymond Kimble can evaluate all aspects of your case and determine which defenses can be used to get the charges dismissed, negotiate the most favorable result or argued successfully at trial.

As a former police officer, prosecutor and experienced DUI and Criminal Defense Attorney, I know the criminal justice system, how prosecutors and police officers think and how to attack a  charge from all angles.  I have represented thousands of people from all walks of life who have been charged with DUI, misdemeanors and 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 Scottsdale or any city in Maricopa or Pinal County, call for immediate help.

Call (480) 833-8613 for Help Now

Read About Our Criminal Defense Success
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Scottsdale City Court

3700 N. 75th Street

Scottsdale, AZ 85251

(480) 312-2442