James Nesci’s Guides

James Nesci

Tucson DUI / DWI Attorney.

Contributor Level 4
  1. Can I be charged with DUI if I wasn't driving?

    Written by attorney James Nesci, about 1 year ago.

    Yes--you can be charged with DUI even if you are not driving. The charge is DUI While in "Actual Physical Control" of a vehicle.Whether you are in actual physical control or not is a question of law that has been answered many different times over many different years. In Arizona...

    1 person found this Legal Guide helpful

  2. When does an arrest occur? Is it only when the police say "You're Under Arrest"?

    Written by attorney James Nesci, about 1 year ago.

    Being placed under arrest always occurs when the police say the words: "You're under arrest." But their actions can also amount to an arrest. The determination of when someone is placed under arrest will factor in to whether evidence which was siezed or statements which were made...

    1 person found this Legal Guide helpful

  3. Will I lose my license if I am arrested for DUI in Arizona?

    Written by attorney James Nesci, about 1 year ago.

    By simply driving in the State of Arizona, you impliedly agree that if you are stopped and arrested for DUI, you will submit to chemical testing. This is why it is called the Implied Consent Law and the requirements vary from state-to-state, so what may be good advice in Arizona ...

    1 person found this Legal Guide helpful

  4. Arizona Supreme Court Unanimously Shoots Down Prosecution’s Attack on Breath Testing Defenses

    Written by attorney James Nesci, about 1 year ago.

    What started as a seemingly routine motion to prevent the defense from telling the truth about breath testing in the Tucson City Court, grew into a two-and-a-half year battle which was played out in the Arizona Supreme Court on May 21st and affects the defenses of every DUI with ...

    1 person found this Legal Guide helpful

  5. Texas is Follwing Arizona Down a Slippery Slope

    Written by attorney James Nesci, about 1 year ago.

    Texas is following Arizona on what appears to be a slippery-slope which will be affecting more states as time goes on. A new law went into effect on September 1st, 2013 which was passed by the 83rd Texas Legislature. The new law allows Emergency Medical Technicians (EMT) paramedi...

  6. Will a Medical Marijuana Card Protect Me from a DUI in Arizona?

    Written by attorney James Nesci, about 1 year ago.

    A Medical Marijuana Card will not protect you from a DUI in Arizona. To understand why the card will not protect you, you must first understand three things: (1) Arizona Law, and; (2) the definition of a prescription, and; (3) the legal definition of marijuana in Arizona. The La...

    1 person found this Legal Guide helpful

  7. Can a DUI Conviction be Expunged in Arizona?

    Written by attorney James Nesci, about 1 year ago.

    Can DUI Conviction be Expunged in Arizona? Mandatory jail time, fines, ignition interlocks and license loss are direct effects of a DUI. There are many indirect effects, such as increased insurance rates and the inability to rent a car. One of the most severe indirect effects, ho...

    1 person found this Legal Guide helpful

  8. Do the police have to read me Miranda Rights when I am arrested?

    Written by attorney James Nesci, about 1 year ago.

    The short answer is No. The triggering event for Miranda Rights is whether you are in custody or not. If you are not in custody, the police can ask you whatever they want to ask, and if you give an incriminating response, they can use it against you in a court of law. Thats ...

    1 person found this Legal Guide helpful

  9. What should I do if I receive a photo-ticket in Arizona?

    Written by attorney James Nesci, over 2 years ago.

    What should I do if I receive a photo-ticket in Arizona? You have four options upon receiving a photo-ticket in the mail. The first option is to accept responsibility and pay the ticket. Be aware that such tickets may carry points which add to your insurance-risk and costs. The...

    2 people found this Legal Guide helpful

  10. How do the police test for alcohol in my blood?

    Written by attorney James Nesci, over 2 years ago.

    How do the police test for alcohol in my blood? Keep in mind that a police-administered blood test creates an estimate of the amount of alcohol that is in your blood. Like all estimates, it can be accurate or inaccurate, depending upon the circumstance. The police crime labs use...

    1 person found this Legal Guide helpful