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James Nesci

James Nesci

Practice areas:

DUI & DWI

About Me

 


James Nesci is a 1994 graduate of the University of Arizona College of Law and was a solo practitioner for ten years in Tucson, Arizona before becoming the managing partner in the firm; Nesci, St. Louis & West, P.L.L.C. in January, 2005. The firm is now  known as Nesci & St. Louis, P.L.L.C. where, in addition to writing books on DUI Defense, he works on large-scale challenges to DUI laws and investigatory techniques. Mr. Nesci is AV-Rated® by Martindale-Hubbell and has been named one of The Best Lawyers in America® for 2010. Mr. Nesci was also named as one of the Best Lawyers in Tucson in the area of DUI Defense by the Tucson Lifestyles Magazine. Only three other lawyers have received such distinction.


 


In 1999 Mr. Nesci became a Sustaining Member of the National College for DUI Defense. In 2001, he was Board Certified by the National College for DUI Defense, Inc. and one of less than fifty in the nation (as of January, 2009). Board Certification is recognized by the American Bar Association. In 2006, he was appointed Regent of the National College for DUI Defense, Inc. He was formerly the chair of the Curriculum Committee for the NCDD, is the Chair of the State Delegate  Committee and is currently the Treasurer. He has served as an oral argument judge for the Board Certification Committee.


 


He is the author of Arizona DUI Defense: The Law & Practice, 3rd Edition, a legal treatise written for DUI defense attorneys and published by Lawyers and Judges Publishing Company. He is co-author of DUI DEfense books in Colorado, Florida, New Hampshire, Oklahoma, Texas, Utah, Virginia, West Virginia and Wisconsin. He is a contributing author for the 5th Edition of the treatise: Medical-Legal Aspects of Alcohol which is a text used by forensic toxicologists across the world and serves as the text for the Borkenstein School at Indiana University.


His firm’s practice is devoted almost entirely to defense of vehicular crimes. At any one time, he typically defends about 20 DUI cases in several jurisdictions.


 


Mr. Nesci often defends cases well into the .30 blood-alcohol range. He has caught more than one police officer lying during cross-examination and some police officers have even refused to grant pretrial interviews to him without a prosecutor or their own counsel present. He was one of the lead attorneys on the Intoximeters® RBT-IV breath-testing issue in Southern Arizona which resulted in the suppression of breath tests in over 7,000 cases and the removal of the RBT-IV from the streets of Arizona. He also spear-headed the effort to obtain the manufacturer’s source code and software for the CMI Intoxilyzer 8000. Although the source code was never obtained, he almost single-handedly ground 90% of all DUI prosecutions within the City of Tucson to a halt for nearly three years and obtained breath test suppressions and dismissals in hundreds of DUI cases.


He has represented former Supremes lead singer Diana Ross and Tampa Bay Buccaneers' Tight-End Jerramy Stevens on Extreme DUI charges and fitness guru Richard Simmons on an assault charge.


 


Mr. Nesci is a team-player within the Southern Arizona DUI Defense Community. He is often involved in large-scale challenges to DUI investigative methods and chemical testing. His opinion is sought by DUI Attorneys across the nation on various issues. He is one of only a handful of attorneys in the country who holds a DOT-Compliant Permit to operate an Intoxilyzer® 8000. He owns both an Intoxilyzer® 5000 & 8000 which are used for in-court demonstrations and for research purposes. He is qualified to administer Standardized Field Sobriety Tests under National Highway Traffic Safety Administration & International Association of Chiefs of Police Guidelines.


 


Mr. Nesci has lectured from coast-to-coast for such organizations as The University of Arizona James E. Rogers College of Law, Arizona State University College of Law Alumni Association, the University of Mississippi CLE Department, South Texas College of Law CLE Department, Arkansas Association of Criminal Defense Lawyers, Arizona Attorneys for Criminal Justice, Arizona Public Defenders Association, California Attorneys for Criminal Justice, City of Phoenix & Maricopa County Public Defender's Offices, Florida Association of Criminal Defense Lawyers, Indiana Public Defender’s Council, Louisiana Association of Criminal Defense Lawyers, Maricopa County Bar Association, Maryland Criminal Defense Attorneys Association, the Mexican-American Bar Association at Loyola, National Association of Criminal Defense Lawyers, the National College for DUI Defense, the Nevada State Bar Association, New York State Bar Association, the Ohio Association of Criminal Defense Lawyers, Pima County Bar Association, Pima County Bar Association Young Lawyer’s Division, Texas Criminal Defense Lawyers Association, Tucson City Public Defender’s Office and the Washington Foundation for Criminal Justice.


 


He has taught seminars on the subjects of Ethics, 4th Amendment Law, Drug Recognition Evaluations (DUI-Drugs/DRE), Cross-Examination, Trial Tactics, Jury Selection, Field Sobriety Testing, Blood Alcohol Calculations, Opening & Closing Arguments, Source Code Litigation, Frye & Daubert Challenges, Intoxilyzer 8000 Operator’s Course, Headspace Gas Chromatography, Blood and Breath Testing.


 


He is a frequent guest of the John C. Scott radio program in Tucson. The Tucson Weekly named Mr. Nesci "King of the DUI Defense" (December 19, 2002). He has appeared on CNN, Inside Edition, Celebrity Justice, Fox News, Access Hollywood, Court TV and National Public Radio.


 


Mr. Nesci is married with twin daughters. He is an honorably discharged veteran of the U.S. Navy. His interests are traveling, fine wines, port and fast cars. He is an amateur race car driver, mechanic, and a Corvette fanatic.

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Photos and Videos

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Practice Areas

Licensed since 1994

  1. DUI & DWI: 100%
    21 years, 500 cases

Payment

Fees:

Fixed (Sometimes), Free Consultation (60 minutes)

Payment Types:

Cash, Check, Credit Card

Attorney Endorsements

27 total 

  • Gregory Allen Willis

    I endorse and recommend this lawyer for DUI cases. Jim Nesci is one of the best lawyers in Arizona and the country.

    More 

    Gregory Willis DUI & DWI Attorney
    Relationship: Fellow lawyer in community

  • Robert Mayer Moss

    To state the obvious, James Nesci is among the best and the brightest of DUI attorneys in Arizona and in the country. While he is a most prominent attorney and highly repected among his peers and has a busy schedule as a result, he remains accessible and caring and will patiently take the time to expalin in understandable terms to anyone seeking his expert advice how the crininal justice system works and how he can help you achieve the best possible fair and just result. I highly endorse James Nesci.

    More 

    Robert Moss Litigation Attorney
    Relationship: Other

Contact Info

216 N Main Ave
Tucson, AZ, 85701-7202

Resume

License
StateStatusAcquiredUpdated
AZActive 199403/12/2015

Professional Misconduct

We have not found any instances of professional misconduct for this lawyer.
Avvo Contributions
Legal Answers
Awards
Award NameGrantorDate Granted
The Best Lawyers in AmericaWoodward-White, Inc.2013
AV-RatedMartindale-Hubbell2012
The Top Lawyers in TucsonTucson Lifestyle Magazine2012
The Best Lawyers in AmericaWoodward-White, Inc.2012
The Top Lawyers in TucsonTucson Lifestyle Magazine2011
AV-RatedMartindale-Hubbell2011
The Top Lawyers in TucsonTucson Lifestyles Magazine2010
The Best Lawyers in AmericaWoodward/White, Inc.2010
AV-RatedMartindale-Hubbell2010
AV-RatedMartindale-Hubbell2009
AV-RatedMartindale-Hubbell2008
Board CertificationThe National College for DUI Defense, Inc.2001

Work Experience
TitleCompany NameDuration
PartnerNesci & St. Louis, PLLC2010 - Present
Managing PartnerNesci, St. Louis & West PLLC2005 - 2009
Solo PractitionerJames Nesci, P.C.1995 - 2004

Associations
Association NamePosition NameDuration
The National College for DUI Defense, Inc.Secretary2013 - 2014
The National College for DUI Defense, Inc.State Delegate Chairperson2011 - Present
The National College for DUI Defense, Inc.Regent2006 - Present
National Association of Criminal Defense LawyersMember1995 - Present
Arizona Attorneys for Criminal JusticeMember1995 - Present

Legal Cases
Case NameOutcome
State v. Bernini, Daughters-White, et al Real Party in Interest IPetition for Special Action Granted
State v. CoopermanProsecution's Motion was Denied
State v. CoopermanState lost the appeal in a unanimous ruling by the Arizona Supreme Court.

See all Legal Cases 

Publications
Publication NameTitleDate
Lawyers & Judges Publishing CompanyColorado DUI Defense; The Law and Practice2013
Lawyers & Judges Publishing CompanyWisconsin OWI Defense; The Law and Practice2013
Lawyers & Judges Publishing CompanyArizona DUI Defense: The Law and Practice, 3rd Edition2012
Lawyers & Judges Publishing CompanyFlorida DUI Defense; The Law and Practice2012
Lawyers & Judges Publishing CompanyVirginia DUI Defense; The Law and Practice2012
Lawyers & Judges Publishing CompanyUtah DUI Defense: The Law & Practice2011
Lawyers & Judges Publishing CompanyTexas DWI Defense2010
Lawyers & Judges Publishing CompanyWest Virginia DUI Defense, The Law & Practice2010
Lawyers & Judges Publishing CompanyNew Hampshire DWI Defense, The Law & Practice2010
Lawyers & Judges Publishing CompanyArizona DUI Defense The Law & Practice 2nd Edition2009
Lawyers & Judges Publishing CompanyGarriot's Medicolegal Aspects of Alcohol, 5th Ed. Chapter 152008
Authentic AnatomicalHow to Beat a DUI2008
Arizona DUI Defense: The Law & PracticeArizona DUI Defense: The Law & Practice2006
Lawyers & Judges Publishing CompanyOklahoma DUI Defense, The Law & Practice2006
The Champion magazineThe Slope Detector Does Not Always Detect the Presence of Mouth Alcohol2006

Education
School NameMajorDegreeGraduated
University of Arizona College of LawLawJD - Juris Doctor1994
University of ArizonaCreative WritingBachelor of Arts1991

Speaking Engagements
Conference NameTitleDate
DWI Means Defend With IngenuityCross of the GasChromatography Technician2013
DWI Means Defend With IngenuityEthics2013
Annual DUI SummitThe Gas is Quicker than the Eye2013
38d Prosecution ClinicDUI Prosecution Overview (Spring Semester)2013
38d Prosecution ClinicCross Examination (Defense Experts & Defense Witnesses)2013
38d Prosecution ClinicDUI Prosecution Overview (Fall Semester)2013
38d Prosecution ClinicCross Examination of Defense Witnesses2013
2013 Winter SessionBlood Cross Demonstration2013
2013 Summer Trial CollegeClosing Argument Workshops2013
2013 Summer Trial CollegeCross Examination Workshops2013
2013 Summer Trial CollegeCross Examination of the Arresting Officer (Lecture & Demonstration)2013
Ohio Advanced DWI SeminarBreath Test & The Intoxilyzer 80002010
Mastering Scientific EvidenceLead Counsel: Mock Trial2010
Intoxilyzer 8000 Operator's CourseFrye & Daubert Standards, Breath Testing2010
Summer Trial CollegeDRE & Student Workshops2009
Stuart Kinard Memorial DWI SeminarShootin' Down the DRE2009
Pima County Legal Defender's TrainingBreath Testing, Blood Testing2009
In-House CLEBlood Testing2009
Forensic Blood & Urine Testing SeminarBlood Testing & Phlebotomy2009
DWI Means Defend With IngenuityCross Examination, Freedom of Information, Breath Testing2009
Department of Transportation Intoxilyzer 8000 Operator's Certification CourseSource Code Litigation & Breath Testing2009
Criminal Law & PolicyThe Constitutional Right to Discovery in Arizona2009
7th Annual Arizona Public Defender Association ConferenceBad Blood: From the Vein to the Lab2009
22nd Annual Aggressive Defense of DUIThe Source Code War: Why We Need It & Why They Won't Give It Up2009
2009 Winter SessionCurriculum Committee Chair2009
We The Jury (The Jury Insight Project)Indoctrinating Jurors' Brains During Voir Dire; Indoctrinating Jurors' Brains During Opening2007
Rules of the Road XBlood Testing: From the Vein to the Lab2007
Ohio Advanced DUI SeminarBad Blood--The Smackdown--Ohio vs. the World2007
New Mexico & Colorado DUI Defense SeminarThe Fourth Amendment; DRE: Digging Up The DiRT2007
Mastering Scientific EvidenceBlood Testing: What You Need to Know, But Never Really Wanted to Know; Intoxilyzer 8000 vs. Intoxilyzer 5000; The Scientific Approach to Jury Selection2007
Forensic & Criminal Law ConferenceHeadspace Gas Chromatography Blood Testing; Panel Discussion: Differing Toxicology Results2007
DWI On Trial, The Big Apple VII SeminarThe Cure for Bad Breath2007
DWI Means: Defend With Ingenuity©Lies, Damn Lies & Statistics: Driving and Field Sobriety Testing; The Jury Insight Project; It's Just a Matter of Bad Blood . . . From the Vein to the Lab; DRE: Digging Up the DiRT2007
DUI Defenders' 2007 CLE SeminarThe Cure for Bad Breath2007
Department of Transportation Intoxilyzer 8000 Operator's Certification CourseThe Cure for Bad Breath; It's a Matter of Bad Blood (From the Vein to the Lab); Intox 8000 Practical Demonstration2007
Department of Transportation Intoxilyzer 8000 Operator's Certification CourseThe Cure for Bad Breath; It's a Matter of Bad Blood (From the Vein to the Lab); Intox 8000 Practical Demonstration2007
Defending DUIs SeminarThe Cure for Bad Breath2007
Arizona DUI Defense: The Law & The PracticeDUI Laws & MVD Consequences; DUI Defense: Pretrial Motions Practice & 4th Amendment Concerns; DUI Investigation: NHTSA Driving Cues & Standardized Field Sobriety Testing; The Cure for Bad Breath; It's a Matter of Bad Blood (From the Vein to the Lab)2007
Advanced DWI DefenseThe Cure for Bad Breath2007
Advanced DWI DefenseThe Cure for Bad Breath2007
Advanced Criminal Defense Practice ConferenceIt's Just a Matter of Bad Blood . . . From the Vein to the Lab2007
5th Annual Arizona Public Defender Association ConferenceThe Jury Insight Project: Voir Dire & Jury Selection2007
4th Annual DUI Seminar: Attacking & Defending DUI CasesIt's Just a Matter of Bad Blood . . . From the Vein to the Lab2007
4th Annual Advanced DUI Defense SeminarAttacking Blood Tests: Shattering the Myth; The Cure for Bad Breath2007
20th Annual Aggressive Defense of DUINew Developments in the Breath Test Wars2007
2007 Winter SessionDRE: Entering the Twilight Zone2007
2007 Summer Trial CollegeThe Cure for Bad Breath; Student Workshops; Regents & Fellows Panel Discussion2007
The Intoxilyzer 8000Intox 8000 Machine Qualifications & The Frye Standard2006
Summer Trial CollegeBlood Testing: From the Vein to the Lab; Student Workshops2006
Nuts & Bolts of DUI PracticeNHTSA Driving Studies; NHTSA SFST Studies; Ethics: Prosecutorial Misconduct2006
DWI On Trial, The Big Apple VI SeminarBlood Testing: From the Vein to the Lab2006
Department of Transportation Intoxilyzer 8000 Operator's Certification CourseMachine Qualification & D.O.T. Regulations; Blood Alcohol Calculations; NHTSA SFST Guidelines2006
19th Annual Aggressive Defense of DUIIntoxilyzer 8000: New Test, New Problems; Voir Dire Panel Discussion2006
The Intoxilyzer 8000: Building a Better Mousetrap?Intox 8000 Machine Qualification: The Frye Standard2005
Public Defender's Brown Bag CLECross Examination: Field Sobriety Testing2005
Ol' Miss DUI Practice SeminarCross Examination of the Arresting Officer2005
Mississippi Intoxilyzer 8000 CourseMachine Qualification: Arizona, Mississippi & Tennessee2005
Intoxilyzer 8000: The New EnemyIntoxilyzer 8000: Legal & Practical Aspects2005
Ethical Issues for the Civil Attorney with the Criminal ClientEthical Missteps at Trial; Victim's Rights: How to Avoid a Bar Complaint2005
DWI Means: Defend With IngenuityUnder the Microscope: Beating DUIs With Science2005
Department of Transportation Intoxilyzer 8000 Operator's Certification CourseMachine Qualification & D.O.T. Regulations; Blood Alcohol Calculations; NHTSA Standardized Field Sobriety Test Guidelines2005
Arizona Intoxilyzer 8000 CourseIntox 8000 Machine Qualification: The Frye Standard2005
18th Annual Aggressive Defense of DUIBreath & Blood Testing2005
Traffic Law Practices in ArizonaThe Pretrial Interview, Cross Examination of the Arresting Officer, Final Argument2004
DUI: The Law & The Practice6-Hour Law Student Seminar2004
17th Annual Aggressive Defense of DUIPretrial Motions Practice: Winning the Trial Before it Starts2004
Summer Trial CollegeBeginning-to-Intermediate Cross Examination, Non-verbal Communication, Cross Examination (Demonstration), Jury Voir Dire2003
DWI On Trial, The Big Apple III SeminarOpening Arguments: 3 Creative Approaches2003
Rules of the Road V: Jury Trial of a .17 Blood DUITrial Tactics: Cross Examination2002
Killer CrossCross Examination2002
DWI On Trial, The Big Apple II SeminarCross Examination of the Arresting Officer2002
Summer Trial CollegeTrial Tactics & Strategy: Mock Trial2001
PCBA Young Lawyers CLE Breakfast MeetingNew DUI Laws Update2001
DWI Means: Defend With IngenuitySlaying the Dragon: Cross Examination of the Arresting Officer2001
DUI Trial Skills; A Multi-Media PresentationCross Examination of the Arresting Officer2001
DUI ExtravaganzaNHTSA Materials & Cross Examination2001
13th Annual Aggressive Defense of DUINHTSA Materials & Cross Examination2001
DUI XVINHTSA Materials & Cross Examination1999
DUI Breakout 1999Blood Alcohol Calculations for the Trial Lawyer1999
11th Annual Aggressive Defense of DUIDUI Defense1997