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James Nesci

James Nesci’s Legal Guides

12 total


  • Are Breath Tests Accurate?

    Are Breath Tests Accurate? Keep in mind that a police-administered breath test creates an estimate of the amount of alcohol that is in your breath. Like all estimates, it can be accurate or inaccurate, depending upon the circumstance. However, breath alcohol levels do not necessa...

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  • How do machines test for alcohol in breath?

    How do machines test for alcohol in breath? Although three types of breath-testing estimators are approved for use in Arizona, the police only use onethe Intoxilyzer 8000 made by CMI, Incorporated, in Owensboro, Kentucky. The Intoxilyzer 8000 uses Infrared Spectroscopy to analyze...

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  • How do the police test for alcohol in my blood?

    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...

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

    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...

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

    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 ...

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  • Can a DUI Conviction be Expunged in Arizona?

    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...

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

    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...

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  • Texas is Follwing Arizona Down a Slippery Slope

    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...

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

    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 ...

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

    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 ...

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