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The government enjoys many advantages in any criminal prosecution – not the least of which is virtually unlimited resources in money and manpower. When the government draws a bead on one of its citizens, the experience can be terrifying for that citizen. The vast majority of DUI defendants are not “criminals;” rather, they are ordinary hardworking and law-abiding citizens caught up in the criminal justice system.
While the government enjoys many advantages in a criminal prosecution, one advantage your defense team at The Law Offices of John Phebus has is that we will always know our case better than the prosecutor. This superior knowledge comes from thorough pretrial investigation. In all cases set for trial, your Glendale DUI lawyer performs the following:
A criminally accused person enjoys certain rights under the 4th, 5th, 6th and 14th amendments to the Constitution of the United States and equivalent state constitutional provisions. Your defense team will file all appropriate pretrial motions for purposes of protecting your rights and limiting the governments evidence against you at trial. While not an exhaustive list of available pre-trial issues, our lawyers will focus their inquiry on:
Most DUI trials are tried before a six-person jury. If you are charged with an aggravated DUI, your case will be tried before an eight-person jury. In a criminal case, the jury’s verdict must be unanimous.
Remember, the government’s breath testing device – the Intoxilyzer 5000 and 8000 – are known to be inaccurate and improperly maintained. In June of 1999, Dr. Kurt Dubowski, one of the foremost experts in matters pertaining to forensic alcohol testing, characterized Arizona’s record keeping practices for their breath testing devices as “Terrible Science.” Theses breath testing devices are similar to “Scud Missiles” – They are notoriously inaccurate and they injure innocent people!