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James David Smith

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also known as Dave Smith
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About James

Accepting New Cases. Go to court with a lawyer that fights for you! Experienced Criminal Defense Attorney That Is An Aggressive Advocate With Proven Results. Contact Today at 480-400-1194. Consultations Safely By Phone or Video Now Available.

Mr. Smith is a U.S. Army Desert Storm war veteran. I work hard to deliver the highest quality counsel and representation in all Criminal, DUI, and Traffic Offense cases. Contact me today at 480-400-1194. I provide my clients with intelligent, aggressive, and impassioned legal protection. I am well prepared to defend you. I am a well-prepared trial attorney, who provides a comprehensive defense against the State’s charges, and I have gained a reputation as an aggressive defender in the courtroom.

I attended the University of Phoenix and earned a Bachelor of Science degree in Business Administration. Thereafter, I attended law school at night for two years while at the same time working as a civil litigation paralegal during the day at one of the Nations's largest international law firms located here in Phoenix, Arizona. During my two years in law school, in addition to taking a full load of classes each semester and working days, I also split time as a staff editor on the Phoenix Law Review. I graduated cum laude from Phoenix School of Law in 2008.

Following law school, I started practicing criminal law at a large private firm. I quickly gained courtroom experience and honed my skills by managing a high volume of criminal defense caseload. I had immediate successes in the courtroom. My trial experiences amounted to superior results at one of the largest criminal law firms in Arizona. I am experienced in handling all kinds of felony and misdemeanor cases and highly emphasize DUI/DWI defense. 

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Practice areas

OtherJuvenile lawSpeeding and traffic ticketCriminal defenseDUI and DWI
  1. DUI and DWI: 65%

    I offer aggressive and effective DUI defense strategies for those arrested throughout Arizona. Represent clients facing all charges including Agg DUI, Ex DUI, Underage DUI, Drug DUI, DWI, OUI

    12 years

  2. Criminal defense: 20%

    Represent people facing a range of charges throughout AZ including but not limited to: Drug Possession, Assault, Violent Crimes, Theft Crimes, DUI, Juvenile Crimes, Misdemeanor Cases, Felony Cases

  3. Speeding and traffic ticket: 5%

    If the police give you a ticket for violating traffic laws, you may require the services of a traffic ticket lawyer. These tickets include criminal speeding, reckless driving, driving on a suspended license, leaving the scene of an accident

  4. Juvenile law: 5%

    Juvenile law applies to minors, usually defined as less than eighteen years old, accused of breaking the law. I represent juveniles in cases such as drug possession, underage DUI, Theft, Assault, Sexual Assault

  1. Violent crime: 5%

    A violent crime occurs when a person uses (or threatens to use) violence to harm another person. i represent clients facing charges of a violent crime including domestic violence, assault, harassment, sexual assault, endangerment, abuse

Languages spoken

English

Photos and videos

4180905 1576539178

4180905 1576539224

4180905 1576539274

4180905 1576539301

4180905 1576539661

4180905 1576539674

Contact

Rosenstein Law Group,

8010 E. McDowell Road
Suite 111
Scottsdale, AZ, 85257

Website
https://www.scottsdale-duilawyer.com/?utm_source=Dave_Smith_profile&utm_medium=website_click&utm_campaign=AVVO 

AZ Defenders

404 E Southern Ave
Tempe, AZ, 85282

Resume

License
StateStatusAcquiredUpdated
AZActive 200905/30/2021
We have not found any instances of professional misconduct for this lawyer.
Avvo Contributions
Legal answers80
Legal guides0
Awards
Award nameGrantorDate granted
Peer Review RatedMartindale-Hubbell2020
Graduate Cum LaudePhoenix School of Law2008
Excellence for the Future Award - ContractsCALI2008
Excellence for the Future Award - Commercial LawCALI2008
Excellence for the Future Award - Torts/Personal InjuryCALI2007
Excellence for the Future Award - Legal WritingCALI2006
Work Experience
TitleCompany nameDuration
AttorneyRosenstein Law Group2012 - Present
AttorneyThe Law Offices Of David Michael Cantor2010 - 2012
AttorneyTharpe & Howell2009 - 2009
ABA Certified LAGreenberg Traurig, LLP (Phoenix, Az)2002 - 2008
Associations
Association namePosition nameDuration
National College of DUI DefenseMember2012 - Present
Arizona Attorneys for Criminal JusticeMember2012 - Present
National Association of Criminal Defense LawyersMember2010 - Present
State Bar of ArizonaMember2009 - Present
Publications
Publication nameTitleDate
Attorney at Law Magazine2020 Veterans in Law2020
scottsdale-duilawyer.comCan a DUI Conviction be Set-Aside?2014
scottsdale-duilawyer.comREQUEST POST-CONVICTION RELIEF2014
scottsdale-duilawyer.comDoes the Officer Have to Sign the Ticket?2014
scottsdale-duilawyer.comCourtroom Nuances and Procedures2014
Education
School nameDegreeGraduated
Phoenix School of LawJD - Juris Doctor Cum Laude2008
The University of PhoenixBS - Bachelor of Science2001
Speaking Engagements
Conference nameTitleDate
ToastmastersWhat To Do When Stopped After Drinking2012
Legal cases
Case nameOutcome
State v. Mr. R: ARS 28-1381(A1) & ARS 28-1381; ARS 28-1382(A1) Extreme; ARS 28-1382(A2) Super ExtremeAll Charges Dismissed
State v. Ms. M: ARS 28-1381(A1) DUI Impaired & ARS 28-1381 (A2) DUI above .08 BACAll Criminal Charges Dismissed
State v. Ms. N: ARS 28-1381(A1) DUI Impaired & ARS 28-1381 (A2) DUI above .08 BACNot Guilty All Criminal Charges
State v. Ms. H: ARS 28-1381(A1) DUI Impaired & ARS 28-1381 (A2) DUI above .08 BACAll Charges Dismissed
State v. Mr. C: ARS 28-1381(A1) & ARS 28-1381; ARS 28-1382(A1) ExtremeNot Guilty All Charges
State v. Ms. R: ARS 28-1381(A1) DUI Impaired & ARS 28-1381 (A2) DUI Above .08Not Guilty All Charges
State v. Mr. T: ARS 28-1381(A1) Impaired Slightest & ARS 28-1381 (A2) BAC above .08; ARS 28-1382(A1) Extreme BAC above .15All Charges Dismissed
State v. Ms. M: ARS 28-1381(A1) Impaired & ARS 28-1381 (A2) BAC above .08All Charges Dismissed
State v. Ms. G: ARS 28-1381(A1) & ARS 28-1381 BAC above .08All Criminal Charges Dismissed
State v. Mr. WAll Charges Dismissed
State v. Mr. LAll Charges Dismissed
State v. Mr. WAll Charges Dismissed
State v. Mr. WAll Charges Dismissed
State v. Mr. BAll Charges Dismissed
State v. Mr. CAll Charges Dismissed
State v. Mr. VNot Guilty All Charges
State v. Mr. CAll Charges Dismissed
State v. Ms. SPlea to Diversion
State v. Mr. HPlea to Diversion
State v. Mr. FAll Charges Dismissed
State v. Mr. ANot Guilty All Charges
State v. Mr. RAll Charges Dismissed

Reviews

(28)
5 Star
100%
4 Star
0%
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1 Star
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Review James Smith

Cayce Sahr review

Posted by

I was very fortunate to have the Rosenstein law group work my case. They gave me a great deal. I would highly recommend James Smith to someone needing a defense attorney. James Smith and Steven Scharboneau worked vigorously on my case. They are extremely dedicated to their work. I was so confident in their work. I was able to focus on my life and not worry about my DUI. The money was worth not having anxiety about my case. That and the results James Smith produced.
This review is from a person who hired this attorney.
Hired attorney

Confidence and support

Posted by

This was the first time I had ever been in real trouble with the law. An office had attempted to give me a DUI due to the fact I have a Medical marijuana card legal in Arizona. Not only did Dave Smith win my case he also put my mind and ease, he gave me the support and confidence I needed to feel comfortable with the legal process and expectations at each step. He took all the anxiety and fear I felt when I was first pulled over and replaced it with confidence and reassurance. He took time to explain what to do during each part of my trail including when and where to go and what to do. He truly provided wonderful legal and moral support during an otherwise terrifying experience, and I am very grateful to have him on my side. I would suggest his services and use him myself in the future for any Legal advice.
This review is from a person who hired this attorney.
Hired attorney

A paragon of law, Dave Smith

Posted by

I was charged with two counts of DUI- ("over the limit of .08" and "driving while impaired to the slightest degree"). The night of the incident, I had denied a field test and also refused the breathalyzer... so after being arrested I did the blood test at the station. Later, once the results were in, my BAC was said to have been 0.124%. After having many discussions with Dave about my case along with the State failing to offer any kind of lesser charge(s), we ended up deciding to go to trial and fight it. This was a yearlong process (the state taking it’s sweet time and having first had a mistrial) which both gave me enormous levels of stress… Once trial actually began, it continued for a total of 3 days with the third day only lasting until roughly 11am when the jury gave their verdicts. Dave pulled through like a boss throughout trial and put on a show for the jury and judge. Dave was brilliant in his approach. He also had completely honest and transparent conversations with me on what to expect before, during and after the whole litigation process. Moreover, we called in his expert to testify for us against the blood results and lab work… he was also magnificent himself in respect to his honest approach. In the end, both counts I was being charged with were found to be not guilty and resulted in quite an extraordinary feeling. I am beyond thankful for Dave Smith and The Rosenstein Law Group. The weight of the world has been lifted from my shoulders and I can’t smile big enough to show my gratitude. If you find yourself in a similar and dreadful situation as mentioned above, I would eagerly urge you to contact Dave Smith and The Rosenstein Law Group and let them put to ease your worries and charges. 100% recommended to everyone. Much love and respect. -Miles
This review is from a person who hired this attorney.
Hired attorney

STILL PINCHING MYSELF!!

Posted by

I was very skeptical, not my first rodeo with the state, BUT I did retain Dave and after his explanations to me, of the best and worse case scenarios.....I still didn't believe it would turn out in my favor. WELL not only did he defend my case quickly and accurately BUT HE WENT ABOVE & BEYOND and the end result WAS BETTER THAN I EVER EXPECTED!! DAVE IS ONE AWESOME LAWYER! I highly recommend him for any criminal issues! Thank YOU DAVE, you gave me my life back & I will always be grateful!!! Support staff is also very compassionate, professional and knowledgeable. I hope I'm never in a situation like this again but if I do......DAVE IS THE MAN & THE BEST!!!!! 10 STARS ***********
This review is from a person who hired this attorney.
Hired attorney

They fight for you!

Posted by

This law firm came recommended and now I know why! They did everything possible to prove my case as I was not driving nor was the car running. I hope to never use you again but I will always recommend you! They warned me that it could take a long time to resolve but it wasn't more than 6 months. I cannot thank you enough!
This review is from a person who hired this attorney.
Hired attorney

Thank you, thank you, thank you!!!

Posted by

Dave I couldn’t talk you up enough! You delivered everything you said and I received the verdict I wanted! I highly recommend this firm and especially Dave Smith. Thank you, thank you, thank you!!!!
This review is from a person who hired this attorney.
Hired attorney

Polished and Effective

Posted by

Dave was highly effective in the courtroom. He was overly prepared, quick on his toes, and very intelligent. He researched all the facts and targeted the charges from multiple angles. I would highly recommend him and his staff. They are top notch.
This review is from a person who hired this attorney.
Hired attorney

Hire Dave Smith!

Posted by

Dave was the 3rd attorney I met with on the day I hired him. I could immediately tell he was a no nonsense guy. He was efficient, offered very comforting advise; he kept me out of jail twice, when I WOULD HAVE gone without his services. I have, and will continue to highly recommend him to all my friends and family in the future! He's a pretty cool guy as well.
This review is from a person who hired this attorney.
Hired attorney

Dave is awesome!

Posted by

All I've got to say is Dave Smith is the man!! Communication was great and he was persistent on getting my wrongfully convicted criminal traffic ticket dismissed. I highly recommend him!
This review is from a person who hired this attorney.
Hired attorney

Lesson learned

Posted by

I couldn't have made a better choice than the Rosenstein law group when I found myself in an unfortunate situation. They were prompt and very informative in response. I appreciated the friendly and welcoming atmosphere, especially when dealing with such unfavorable issues. I truly felt that all avenues were addressed and covered with extreme expertise in regards to my case. Dave was especially accommodating to my needs, resulting in a truly successful outcome. He delivered exactly what was hoped for, therefore protecting my professional license, family and overall state of mind. I highly recommend this group, if ever found in a similar situation.
This review is from a person who hired this attorney.
Hired attorney
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Attorney endorsements

(21)
Are you an attorney? Endorse this lawyer

Steven Scharboneau, Criminal defense Attorney on Oct 29, 2020
Relationship: Fellow lawyer in community

Dave Smith is a highly skilled, professional and smart defense attorney. His passion for defending the rights of others, paired with years of experience, makes Dave invaluable to anyone seeking a lawyer to defend them in a criminal case. It is without reservation that I endorse Dave Smith

David Maletta, Criminal defense Attorney on Apr 28, 2020
Relationship: Co-worker

I endorse this lawyer. I have known James David Smith for over a decade. I have also worked with him for several years. He is a hard working, knowledgeable, and experienced attorney. Great DUI lawyer.

Gary Kester, DUI and DWI Attorney on Nov 19, 2016
Relationship: Fellow lawyer in community

I endorse this lawyer. He will turn over every stone and investigate every lead to ensure your rights are protected. Zealous representation to be sure.

Tyler Allen, DUI and DWI Attorney on Nov 16, 2016
Relationship: Co-worker

Dave is one of the best trial lawyers I have seen in a courtroom. His litigation skills and knowledge of DUI and Criminal law is excellent and I consistently call on him for advice in handling my own cases. Dave's aggressive advocacy is consistently effective in getting his clients great results. I would highly recommend Dave to anyone accused of DUI or any criminal offense.

Joseph Crary

I endorse this lawyer.

JC Cox, Criminal defense Attorney on Apr 28, 2016
Relationship: Fellow lawyer in community

You will not find a more competent, capable and diligent attorney, who also happens to be a terrific person in general. I have consulted with David on numerous matters where our practice areas have overlapped and have always found his advice to be excellent.

Arthur Hall, DUI and DWI Attorney on Mar 31, 2015
Relationship: Worked together on matter

Dave Smith is a relentless advocate for his clients. I worked along side Mr. Smith on several matters including DUI cases and personally observed his tireless efforts to accomplish the best possible results. I fully endorse this lawyer.

Christopher Lyons

Dave Smith is a well respected, intelligent, and aggressive defense attorney. If you are charged with a criminal offense whether it be a misdemeanor or felony, I highly recommend Dave Smith as he is both a brilliant negotiator and fierce trial attorney.

Gordon Thompson, DUI and DWI Attorney on Jan 8, 2015
Relationship: Fellow lawyer in community

I endorse this lawyer. Mr. Smith recently won a hard fought motion to suppress in court and got the case dismissed as a result. I know from personal experience winning those motions is very difficult and winning it shows great skill on his part.

Bret Royle, DUI and DWI Attorney on Aug 10, 2014
Relationship: Fellow lawyer in community

Mr. Smith is a highly effective and aggressive defense attorney. Any client would be fortunate to have him on their side. I strongly endorse this lawyer.

Ashley Sinclair Chambers, DUI and DWI Attorney on Jul 9, 2014
Relationship: Fellow lawyer in community

J. Dave knows his DUI like none-other. He will work your case to the bone, and will leave no stone unturned until he achieves the best result possible for you.

Craig Penrod, DUI and DWI Attorney on Jun 12, 2014
Relationship: Fellow lawyer in community

I endorse this lawyer.

Michael Waddington, Criminal defense Attorney on Jun 3, 2014
Relationship: Fellow lawyer in community

I endorse James. He is a highly skilled attorney that is well respected in the legal community.

Mark Beller, DUI and DWI Attorney on May 1, 2014
Relationship: Opposing Counsel on matter

I fully endorse Dave Smith. In addition to being an excellent attorney and a wealth of knowledge, he is among the most dedicated advocates I have had the pleasure to work with. Anyone facing a DUI or criminal charge would be well served to have Mr. Smith in their corner.

Jesse Squier, Criminal defense Attorney on Apr 30, 2014
Relationship: Fellow lawyer in community

Mr. Smith is an extremely dedicated attorney, who vigorously defends his clients. He is excellent in trial, and is a skilled negotiator.

Burges McCowan, DUI and DWI Attorney on Apr 29, 2014
Relationship: Fellow lawyer in community

David is meticulous with his clients' cases. He will find each and every issue in a case. I highly recommend David if you have a DUI in Arizona.

Charlie Naegle, DUI and DWI Attorney on Apr 23, 2014
Relationship: Fellow lawyer in community

I endorse this lawyer. Dave smith is the Attorney that I would call if I were to ever find myself in a criminal situation. I have been practicing for many years now and I still find myself in need of answers to legal questions, when that happens Dave is my go to guy. He is very well liked in the legal community and has a reputation as a bulldog in the courtroom.

Kathleen Carey, DUI and DWI Attorney on Apr 22, 2014
Relationship: Worked for lawyer

I endorse this lawyer. I have known Mr. Smith for several years, first as a law student that assisted my firm with a case that had to be tried several times before we successfully prevailed. Over the years, I have seen him practice in court and listened to his trial(s) and can say without any hesitation that he is an excellent attorney that comes to court and trial prepared and ready to carry the burden for his client(s). The firm he practices also has an excellent reputation like Mr. Smith for standing up and announcing ready for trial when necessary.

Alicia Heflin, Criminal defense Attorney on Apr 22, 2014
Relationship: Fellow lawyer in community

Attorney Smith is a talented and well respected criminal attorney who I would highly recommend to anyone looking for a lawyer who really cares about his clients and will represent his client's interests with passion and professionalism.

Craig Rosenstein, DUI and DWI Attorney on Apr 1, 2014
Relationship: Fellow lawyer in community

Dave is an exceptional attorney with exceptional passion.

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