Blog Articles – Criminal Defense & DUI

free case review

Fill out the form below, or call us at
(602) 560-7408.

practice areas

DUI DEFENSE

CRIMINAL DEFENSE

Recent Blog Posts

Reckless Driving in Arizona Defenses to ARS 28-693

Reckless Driving in Arizona Defenses to ARS 28-693

Arizona’s Reckless Driving Law, codified under Arizona Revised Statutes (ARS) 28-693, defines reckless driving as the operation of a vehicle with a reckless disregard for the safety of persons or property.According to this statute, reckless driving is not merely about a single driving error or minor misjudgment; instead, it pertains to a pattern or instance of driving behavior that demonstrates a clear lack of concern for the established rules of the road and the well-being of others.This can include, but is not limited to, speeding excessively, aggressive weaving through traffic, ignoring traffic signs and signals, or engaging in dangerous maneuvers without regard for the potential consequences.

read more
How is Police Body Camera Footage Used in a DUI Case

How is Police Body Camera Footage Used in a DUI Case

It’s important for defendants to understand that while bodycam footage can be important evidence, its admissibility is not automatic. The defense has the opportunity to challenge the footage on several grounds, such as questioning its relevance, the manner in which it was obtained, or its integrity.

read more
Felony Wrong Way Driving DUI Charges: Arizona Law

Felony Wrong Way Driving DUI Charges: Arizona Law

In Arizona law, the legal definition of wrong-way driving is outlined in A.R.S. §28-694. This statute specifically addresses the act of operating a vehicle in opposition to the designated flow of traffic on controlled access highways.According to this law, a driver who is found traveling against the correct direction of traffic commits the offense known as wrong-way driving. Individuals found guilty of this violation are subject to a civil penalty, which is set at $500.Additionally, those convicted are required to complete educational sessions at an approved traffic survival school, aimed at reinforcing safe driving habits and enhancing overall road safety.The statute defines “wrong way” as vehicular movement in a direction that contradicts the legal flow of traffic, explicitly excluding actions such as crossing the median or situations where a vehicle ends up facing the wrong direction due to a collision, provided there was no intentional wrong-way driving involved.

read more
Why Did I Get a False Positive From a Breathalyzer Test

Why Did I Get a False Positive From a Breathalyzer Test

A false positive on a breathalyzer can indeed lead to a DUI charge in Arizona. Under state law, a driver can be charged with DUI if a breathalyzer incorrectly indicates a BAC above the legal limit of 0.08%. However, the state’s DUI statutes extend beyond conventional BAC levels, encompassing what is known as “impairment to the slightest degree.” This means that even if your BAC is below 0.08% or if there’s a false positive, you can still face DUI charges if the officer believes your ability to drive was impaired in any way.
However, it’s important to understand that a DUI charge based on a false positive is not definitive and can be contested in court. The accused has the right to challenge the breathalyzer’s accuracy, including questioning the device’s calibration, the administration of the test, and other influencing factors like diet or medical conditions that can cause false readings.

read more
Can the Police Search Your Vehicle if They Smell Marijuana

Can the Police Search Your Vehicle if They Smell Marijuana

The odor of marijuana itself does not automatically justify a vehicle search without considering other factors. This is due to the legal possession and use allowed under Proposition 207 for adults over the age of 21. However, this does not entirely remove the smell as a factor in establishing probable cause. Instead, officers are required to assess additional evidence or circumstances alongside the odor to determine whether a crime might be occurring.This means that while the smell of marijuana can contribute to probable cause, it must be accompanied by other indicators of illegal activity to justify a search. Officers are encouraged to look for signs of impaired driving, unauthorized distribution, or possession amounts exceeding legal limits before concluding a crime is being committed.

read more

What Type of Evidence is Used in Domestic Violence Cases

In Arizona domestic violence cases, the burden of proof is squarely on the prosecution. They must demonstrate beyond a reasonable doubt that the defendant committed the crime. This high standard requires presenting clear, convincing evidence that leaves no room for reasonable doubt in the minds of the jurors.The defense’s role is to challenge this evidence, aiming to create reasonable doubt about the prosecution’s case. This principle is fundamental to ensuring fairness in the legal process and preventing wrongful convictions.

read more

Horizontal Gaze Nystagmus Test in DUI Field Sobriety

The Horizontal Gaze Nystagmus (HGN) test is a common method police use to check if someone might be driving under the influence (DUI). This test involves watching how a person’s eyes move. Normally, if someone has had too much to drink or taken certain drugs, their eyes will jerk in a specific way. Although the HGN test is widely used, it’s not always perfect. Sometimes, things like health issues or even how the test is done can affect the results. That’s where a skilled DUI defense attorney like Arja Shah comes in. In this article, we’ll talk about the HGN test, what it involves, and how results are used in DUI cases. We’ll also explore how Arja Shah, an experienced DUI lawyer, can help ensure that the test results are fair and accurate.

read more

Caught Driving on a Suspended License in Arizona

Getting caught driving on a suspended license in Arizona can have serious consequences. Even if it’s your first offense, being found guilty of this offense can result in steep fines, potential jail time, and an even longer suspension of your motor vehicle privileges.
If you find yourself facing charges for driving with a suspended license, Arja Shah Law is a reputable firm in Arizona with extensive experience in handling cases related to traffic offenses and motor vehicle violations. With a focus on providing personalized and aggressive legal representation, their team is dedicated to helping individuals handle the legal system.
If you’re facing charges for driving on a suspended license, contact Arja Shah Law for a free initial consultation to discuss your case and explore your legal options. Don’t face these charges alone – seek the guidance and support of a skilled attorney to protect your rights and defend your future.

read more

Understanding Miranda Rights in DUI Cases

Understanding the importance of Miranda warnings, arrest procedures, and the right to be read your Miranda rights is essential for anyone facing a DUI charge. In the United States, the Constitution guarantees certain rights to individuals who are being arrested. One of these rights is the right to remain silent, and the police must read you your Miranda rights before questioning you. If the police fail to do so and you make any incriminating statements, your defense attorney may be able to file a motion to have those statements suppressed in court.

read more

Are Geofence Warrants Unconstitutional Under the Fourth Amendment

Geofence warrants are typically issued to tech companies, such as Google, in order to obtain location data on all devices within a certain radius during a specific time frame. This can result in a large number of devices and individuals having their location information accessed, without their knowledge or consent.

The use of these warrants has sparked debates about the protection of privacy and the potential for overreach by law enforcement. Critics argue that geofence warrants violate the Fourth Amendment, which protects against unreasonable searches and seizures. As the legal and ethical implications of geofence warrants continue to be debated, it is clear that the intersection of technology and privacy rights is a complex and contentious issue in today’s digital age.

read more

What To Do If You Get A DUI On New Years Eve – DUI Defense 

As we approach New Year’s Eve, a time of joy and celebration, it’s especially important for those facing DUI (driving under the influence) charges in Arizona to understand the laws and possible penalties they are facing. During this festive season, law enforcement intensifies its focus on DUIs, often leading to an increase in charges and a shift in enforcement tactics. It is important to be fully informed about your rights and the legal process. Understanding how DUI laws are applied during this time can make a significant difference in how you approach your situation and plan your defense. 

read more

Losing Your License After a DUI Conviction

Facing a DUI charge in Arizona can be a daunting experience, with potential consequences that extend beyond legal penalties. One significant concern for many is the impact of a DUI conviction on their driving privileges. In Arizona, DUI convictions carry serious implications for your driver’s license, which is a critical aspect to consider when navigating the legal process.
According to the Arizona Governor’s Office of Highway Safety, in 2021, there were over 19,000 DUI arrests in Arizona, highlighting the prevalence of DUI issues and the importance of understanding the legal consequences, including the impact on driving privileges.

read more

Holiday Drinking and Driving, DUI Defenses

During Thanksgiving 2022 alone, Arizona witnessed 323 DUI arrests, a substantial number despite being slightly lower than the previous year’s count. The holiday period, particularly from late November to early January, sees law enforcement intensifying DUI patrols and checkpoints, reflecting the heightened risk of impaired driving during this time.
The holiday season in Arizona, marked by a surge in DUI cases, highlights the need for experienced legal representation. Arja Shah Law, adept in Arizona’s DUI laws, offers crucial guidance and defense for those facing such charges. With DUI incidents peaking during holidays, having knowledgeable legal support is key. For individuals dealing with these complex cases, Arja Shah Law provides a vital resource. Contact Arja Shah Law for assistance at (602) 560-7408.

read more

Holiday Season and False Allegations of Domestic Violence

The holiday season, a time often associated with joy and family gatherings, can unfortunately also see a rise in domestic violence allegations. In some cases, these allegations may be false, posing significant challenges and consequences for the accused.
Studies have shown that domestic violence calls increase by up to 22% during the holidays, highlighting the need for awareness and understanding of this issue, particularly regarding false allegations.

read more

Tempe DUI on Mill Avenue

Mill Avenue in Tempe, Arizona, is a popular destination for Arizona State University students, offering various nightlife options contributing to its vibrant atmosphere. This street has popular spots, including C.A.S.A Tempe, Pedal Haus Brewery, Rusty Taco, Sunbar Tempe, and Zuma Grill are among their favorite hangouts.The potential consequences of a DUI charge are not limited to legal penalties. A DUI conviction can severely impact a college student’s academic standing and future career prospects. This article explores DUI offenses’ legal and personal ramifications, mainly focusing on how they affect university students. We discuss the essential role of the City of Tempe DUI Court and how law enforcement on Mill Avenue operates, shedding light on the various types of law enforcement presence and their methods in handling DUI cases

read more

DUI Checkpoints in Arizona: Understanding Your Rights and Legal Defenses

When driving through Arizona, one may encounter DUI checkpoints, also known as sobriety checkpoints or roadblocks. These are designed as a preventive measure to discourage drunk driving. In Arizona, these checkpoints are legal and have been deemed constitutional when conducted properly. For drivers, it’s imperative to understand the dynamics of these checkpoints and the rights afforded to them under the law. When faced with a DUI checkpoint in Arizona, understanding your rights is just the first step.

read more

DUI at Scottsdale’s Airport

Facing a DUI charge in Scottsdale, particularly around the unique environment of Scottsdale Airport, calls for specialized legal expertise. Shah Law Firm, a local Scottsdale criminal defense firm, provides invaluable assistance tailored to the complexities of Arizona DUI laws. The firm’s attorneys understand both the local characteristics of Scottsdale and the specific regulations that apply to venues like Scottsdale Airport, including hangar parties and other high-end amenities. Their familiarity with local law enforcement procedures and established relationships within the local legal community can be instrumental in building a strong defense.

read more

Can You Get a DUI on an Electric Scooter?

While electric scooters offer a practical and sustainable mode of transportation, it’s crucial to recognize that Arizona law classifies them as motor vehicles. Therefore, operating under the influence of alcohol or drugs can result in DUI charges. Being responsible and adhering to the law is essential to reaping the benefits of electric scooter travel without risking legal repercussions. Should you find yourself facing a DUI charge involving an electric scooter, Arja Shah, an experienced DUI defense attorney, can provide the specialized legal representation you need to defend against such charges effectively.

read more

DUI at Desert Ridge MarketPlace

Desert Ridge Marketplace is a popular hub in Phoenix, Arizona, for shopping, dining, and entertainment. With restaurants like The Keg Steakhouse, Dave & Buster’s, and Yard House, as well as activities like outdoor concerts, it attracts locals and tourists alike. The recent “sip and stroll” program, which allows patrons to walk around with alcoholic beverages, has been a hit but also potentially raises the risk of DUI incidents.

read more

Getting a DUI in Cave Creek, Arizona

Choosing a local DUI defense attorney, such as those at Shah Law Firm, offers numerous advantages when facing charges in Cave Creek. A local attorney understands the specific workings of the local court system, the habits of local judges, and the strategies local prosecutors employ. This specialized knowledge can be invaluable for representing your interests, whether in negotiations or in court. Local representation often makes for better communication and a more personalized approach to your case, ensuring it gets the attention it deserves.

read more

Can you get a DUI for Sleeping in your Car at Kierland Commons

Getting a DUI while sleeping in your car at Kierland Commons in North Scottsdale can be a tough legal issue to face alone. The law has specific points that could either work for you or against you, like whether you were really in control of your car while you were asleep.
That’s why having a skilled DUI attorney like those at Shah Law Firm can make all the difference. They know the ins and outs of Arizona DUI laws and can build a strong defense for you. They’ll work to question the evidence and help guide you through the legal steps, increasing your chances of a better outcome.

read more

Debunking DUI Myths in Arizona

Misconceptions about Arizona’s DUI laws, governed by Arizona Revised Statutes (ARS) 28-1381 to 28-1383,
are surprisingly widespread. These myths can contribute to poor decision-making, leading to avoidable legal complications and potentially weakening one’s defense in a DUI case. For both residents and visitors in Arizona, a thorough understanding of the true DUI laws is crucial to minimize the risk of unintended legal difficulties.

read more

we are here to help

Fill out the form below, or call us directly at (602) 560-7408 to schedule your free, one-on-one consultation. There is no obligation and all consultations are strictly confidential.

WHAT OUR CLIENTS SAY

“I was totally impressed and grateful for the expertise and successful case Arja handled for me. She answered my calls immediately and saved me a lot of professional and personal heartache. Arja did a great job refuting the State’s evidence and convinced the Prosecutor that my chewing tobacco was a major issue in the case that the officer did not check.”

Arja Shah Law Firm Reviews
Thomas - Super Extreme DUI
Argued Police Stop Protocols and Reduced to a Fine

“Arja represented me for a DUI case in Scottsdale. I met with her immediately after being charged and she very quickly was able to speak to the prosecutor and get my charges reduced after my initial hearings. She was attentive and easy to talk to. She gets results.”

Arja Shah Law Firm Reviews
Jason - Scottsdale DUI
Felony Charges Reduced to Reckless Driving

“Arja was extremely knowledgeable and kept us up to date on the entire case. I would hire her and recommend her to anyone- although I hope I never need her help again! But if a problem arises I would be sure to call her!!”

Arja Shah Law Firm Reviews
Maggie - Mesa Super Extreme DUI
Super Extreme DUI Reduced to First Time Regular DUI

“Ms. Shah got my charges completely dismissed. She worked hard, was thorough, and took care of all the details. Seriously, hire her. It’s a complete piece of mind.”

Arja Shah Law Firm Reviews
R. Aguilera - Attempted Murder
Attempted Murder Charges DISMISSED

“During my recent DUI case and time spent working with Arja Shah, I can say I had an absolute positive Experience. She was there to represent me and handle my questions and concerns with ease. Thank you.”

Arja Shah Law Firm Reviews
Michael - Phoenix DUI Arrest
Felony DUI Charge Reduced to a Fine

“I endorse this lawyer. She is knowledgeable as well as up-to-date on the latest case law. She is one of the very few attorneys I would recommend to family or friends.”

Arja Shah Law Firm Reviews
Michael Pittman (Attorney Peer)

“First, Arja is a superb and energetic attorney who is always willing to listen and help out in client cases. Second, she works hard for your case to minimize or eliminate penalties for the charges you are facing. She has a good analytical mind and presents your case successfully. Third, she is approachable even outside work hours if the situation calls for it. Always punctual for meetings. Lastly, she is an affordable attorney in comparison to some big-name law firms where personalized and flexible service is almost impossible. The above review is based on my experience derived from her working on my case.”

Arja Shah Law Firm Reviews
T. McCarty- Extreme DUI Charge Possible 30 Days Jail
Reduced to Reckless Driving and a Fine

“Attorney Arja Shah took the time to compile letters from family members and show the Prosecutor that they lacked evidence to move forward with my case. Arja did what she said she would do and was there to help me. Outstanding Attorney.”

Arja Shah Law Firm Reviews
Andrea- Disorderly Conduct and Domestic Violence
Charged Dismissed
Call Now ButtonClick Here to Call Now