Sunday, December 18, 2016

Important Considerations that can Affect your Driving Under the Influence Case in Scottsdale

DUI or driving under the influence is a crime, which involves driving a vehicle while you are in no capacity to operate it safely. Under the influence of drugs or alcohol, your capacity to drive becomes impaired, which may cause harm to you and other people you encounter while you are driving. DUI is also sometimes referred to as driving while intoxicated (DWI). In Scottsdale, Arizona, DUI is often considered as a misdemeanor, but it can escalated to a felony depending on the circumstances surrounding the case, prior convictions and license status. A lot of roadside accidents and deaths are caused by DUI so the Scottsdale law enforcement is always on the lookout for violators. If you happen to be charged with DUI, you’re probably wondering about the things that can affect your DUI case. If you are going to be tried in front of a judge, here are a few items that can affect your case:

  1. Prior records of DUI arrest – If you have been convicted before for DUI offense, this can affect the sentence is your case. The law requires a greater punishment than if there are no prior offenses. The court can drastically increase your jail sentence, the fine that you have to pay and your probation period.
  2. The officer who arrested you for DUI – Some police officers are experienced in DUI law. These are the officers who have had a lot of experience being a witness to these kinds of cases and know what it takes to get you convicted. Some officers, especially the new ones who do not have a lot experience yet with DUI cases, can’t give a complete and compelling account of your DUI arrest, thereby affecting how the judge or the jury sees your case.
The way the officer arrested you for DUI also matters in your case. If the officer who arrested you failed to administer the required tests properly at the time of your arrest to prove that you are indeed under the influence, then the State may have no case at all. Forgetting to read your rights and abusing you while you are being arrested or held in jail are also factors that can affect your case.
  1. The test results – Breathalyzer, blood and urine tests can determine how impaired you are at the time of your arrest. If any of these tests tells the court that you fall below the prescribed intoxication level for DUI, then you can possibly get your charges dropped on reasonable doubt. This is why it is important for the officer who arrested you for DUI to administer these tests properly.
  2. The evidence and witness testimony – When other people are involved, like any witness to your driving or an accident, their accounts and testimonies matter during the trial. The severity of their injuries could affect the way the judge or jury decides the case and could affect the sentence if you are convicted, even if it just your first offense. In some cases where the defendant has accidentally killed someone while driving under the influence, the trial can escalate into one for manslaughter.
These are some of the reasons you need to obtain an aggressive and experienced DUI Attorney in Scottsdale to help you navigate through the judicial system. We can help you defend your case to the best of our ability. At Robert A. Dodell Law Offices, I personally handle my own cases and I answer my own phone. Call us today for a free initial case consultation.  

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Tuesday, December 13, 2016

Why Choose Robert Dodell as your DUI Attorney?

Are You Looking For a DUI Attorney in Scottsdale to Represent You?

You should never drink and drive, but if you have been arrested because of a DUI offense and you believe that the charges are unwarranted, it is important that you hire an experienced attorney to handle your case. Even if you are innocent, there are still many ways that a case can be made against you, particularly if you had been drinking before you were pulled over. For example, the officer may improperly administer a field sobriety test that made you look impaired when in fact, you were still capable of driving safely. The consequences of being convicted for a DUI include the suspension or even loss of your driving privileges, a permanent mark on your driving record, a huge fine and even possibly, long jail time. Hiring an experienced DUI attorney is no guarantee that you will win your case, but your chances of having the charges dropped will be greatly increased. At worst, even if you are convicted, the DUI attorney can help mitigate the penalties, such as helping you avoid jail time and preventing your license from being taken away. A DUI attorney can achieve this by not only having an understanding of DUI law but also by knowing how the courts work in the jurisdiction where you are charged. They will be familiar with the prosecutors who will likely handle your case, as well as the judges who will hear it, and will be able to help you navigate the system. In addition, they can inform you of what your legal options are regarding your case, so that you can make an informed decision regarding the best course of action to take. Your DUI attorney can also help you with your hearing with the local MVD. Most people are not aware that in addition to court hearings, they will also have to attend license suspension hearings at the DMV. A good attorney is familiar with the best defense in order to help avoid the loss of your driver’s license. An attorney who has not handled DUI cases before may be able to protect your rights during the early part of the proceedings, for instance by preventing you from making a self-incriminating admission. However, once hearings have started, they may not be able to address your case properly. For example, they may not be familiar with the latest requirements for breath tests and sobriety tests that can serve as basis for getting your case dismissed if the officers involved did not adhere to them. They may lack the experience to be able to find issues in the state’s case against you that can help it get thrown out or at least, lead to a lesser charge. Another way that a DUI attorney can help you is by being aware of legal options for disposing your case that can either help you win a dismissal or mitigate the possible legal consequences. For example, if you are a first offender, there are some counties with specialized DUI programs that allow you to undergo counseling in exchange for a reduced sentence with no jail time and no loss of driving privileges. He can also advise you regarding best plea bargain you can make to prevent you from getting a permanent criminal record. Robert A. Dodell is an experienced attorney who has prosecuted thousands of cases as a prosecutor for the Yavapai County Attorney’s Office. This has provided him with a detailed understanding of how the criminal justice system in Arizona works. He went into private practice in 1994. With his extensive understanding of the workings of the criminal justice system, he has successfully handled thousands of criminal cases. He is dedicated to ensuring that every case he handles is thoroughly prepared, with particular attention paid to ensuring that the details are thoroughly investigated, and aggressively litigated so that the defendant gets the best defense. Robert Dodell is licensed to practice in the State of Arizona, the 9th Circuit Court of Appeals and the US District Court of Arizona. He is a member of the Maricopa County Bar Association and the Arizona State Bar. You can discuss your case with him for free so that you will know how Attorney Dodell can help you.

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Monday, December 5, 2016

Important Consideration that can Affect your Criminal Case

Learn More About What Items Can Affect Your Case

One of the first questions that people involved in a criminal case asks their lawyer is “What are my chances of winning this case at trial?” The answer will depend on several factors. The following are just some of the most important factors or considerations that can affect your criminal case and why you need to hire an experienced criminal attorney.
  1. 1azphoenixpolice-viEvidences and facts of your case – The evidence and the facts about your case is a major consideration when it’s time to rule of the case. The court whether the judge or jury, will looks into all the information provided during a trial and use this information to formulate a conclusion to decide whether or not you are guilty. The facts and evidence can either help or harm your case. Things, like audio, video and forensic evidence, witness accounts and their credibility as witnesses and admissions are all part of the “facts” that will be presented in your case.
  2. How evidence is obtained – Some evidence is obtained illegally. Once the court finds out about this, they deem the evidence inadmissible. This means that no matter how much it can help or harm your case, if it was obtained using illegal means, the court will not consider that evidence as part of the trial. Other reasons why evidence becomes inadmissible is when the crime scene or the evidence itself was not handled properly.
  3. Your criminal record – The court also looks into your criminal record when it’s time to present your sentence. First time offenders of non-heinous criminal cases are sometimes given only the minimum punishment. Repeat offenders often get higher sentences, as are people who commit the same crime repeatedly.
  4. The severity of the crime – The court takes into consideration the severity of your crime. If you are convicted for a DUI but no harm was done on anyone or anything and you truly show the judge that you are repentant then maybe you can end up with a minimum punishment and minimum fines for that crime. If your DUI comes with drug charges or someone had been harmed, then the court will likely give you a higher level of punishment if you are found guilty. If there is also evidence of criminal damages, then you may need to consult with a criminal damage attorney in Scottsdale like Robert A. Dodell.
  5. The prosecutor handling your case – Some prosecutors are more forgiving than others. Some are more reasonable when it comes to resolving a case without going into trial while others want harsh penalties with a conviction. Prosecutors will always make a recommendation for the sentence to the judge.
  6. Your attorney and how he handles your case – Some lawyers are diligent and make sure that they have all the bases covered when it comes to your case. They make sure that for every argument that the complainant has, they have a counter argument available. Your attorney’s negotiation skills will also help determine the type of plea offer extended.
  7. The judge assigned to your case – Judges handle cases differently. Some judges are stricter, while others are more forgiving. Their interpretation of the law also sometimes varies as well. Some judges will give you a long jail time without fine while others will give a shorter jail time and bigger fine for the same crime. The judge’s decision will depend on the facts of the case and evidence for mitigation of a sentence provided to the court.
   

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