One of the most personally satisfying aspects of my job is actually having the ability to bring comfort to people who find themselves facing the stressful and unsettling prospect being convicted of a crime. I feel privileged to be in a position to truly help people at perhaps some of the lowest moments of their lives.

Your criminal case will typically end one of three ways:

1. a dismissal of the charges,
2. a plea agreement that you chose to accept, or
3. a verdict after a trial

One of my many duties as your lawyer would be to ensure that each of these three possibilities is explored and investigated to the fullest. Working on any one of these three possibilities affects the other two. For example, careful preparation for a trial can expose flaws and weaknesses in a case, leading to a dismissal or a very favorable plea offer.

Ultimately, you as the accused need to have all three aspects pursued before you make any decisions that may alter your life. You need to be confident that you are fully informed and educated about your chances, and the risks involved in your specific case. Only then will you be in a position to adequately evaluate your options. In most cases the assistance of an experienced trial lawyer is essential. Please take the time to read the “Do I need an attorney?” section of the Frequently Asked Questions portion of this website.

If you need a lawyer to prove your innocence or achieve the best possible outcome in your case, you will need a lawyer with more than just experience and legal knowledge. You will need a trial lawyer talented in the art of persuasion. If you are looking for an aggressive lawyer, I certainly have that covered. But if you want to prevail in front of a jury, you will need a lawyer who is much more than just aggressive. Winning requires artful lawyering, clever intelligence, common sense, tact, and a profound understanding of the deepest levels of psychological persuasion. A good lawyer wins an argument. A great lawyer wins an argument before one exists. An exceptional lawyer can win an argument without letting the opposition ever knowing they differed. Choosing the right lawyer may affect the rest of your life, so take your time and don’t be afraid to ask questions.

What my clients can expect:

• Reasonable affordable fees
• Personal accessibility and prompt communication
• Careful analysis of all evidence
• Protection of your rights
• Persistence in negotiating with the prosecutor
• Excellence in trial
• Devotion to your cause

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About Karl A. Mueller

Karl A. Mueller was born in Los Angeles, California and is the oldest of 6 children. Mr. Mueller has a Juris Doctorate Degree which he received in 1996 from Whittier Law School in Los Angeles, California. Mr. Mueller also attended the University of Montana Law School in Missoula, Montana as a visiting student during his final year of law school. In addition to his law degree, Mr. Mueller also has a Bachelor of Arts Degree in Speech Communication and an Associate of Arts Degree in the Administration of Justice. Mr. Mueller purposely focused his higher education on curriculum that he felt would make him a successful criminal trial lawyer. Mr. Mueller spent many years practicing the art of persuasion while simultaneously completing the same curriculum as law enforcement officers. Mr. Mueller understands the many facets and perspectives of the criminal justice system.

Mr. Mueller is an accomplished and experienced trial lawyer who began trying criminal cases over 14 years ago while he was still a law student working for the Los Angeles District Attorney's Office. Mr. Mueller has been a lawyer in the State of Arizona for over 11 years. He is experienced in both metropolitan and rural courtrooms, and is licensed to practice law in the States of Arizona, California, and Montana as well as the United States Court of Appeals for the Ninth Circuit and the United States District Court.

Mr. Mueller stopped counting jury trials several years ago after he successfully completed his 100th trial. Mr. Mueller has handled all types of criminal cases from Homicides to Possession of a Gila Monster. Mr. Mueller currently handles all types of misdemeanor and felony matters. Mr. Mueller has also had the opportunity to gain experience in appeals and habeas corpus proceedings with the Los Angles District Attorney's Office. Mr. Mueller spent pent over 5 years in the Special and Major Crimes Divisions of the Maricopa County Prosecutor's Office focused on the prosecution of Aggravated DUI and vehicular homicide cases. Mr. Mueller has also successfully handled over 100 civil traffic violations, and enjoys handling civil traffic matters.

Mr. Mueller focuses exclusively on criminal defense. Mr. Mueller’s criminal defense practice has the added depth of his experience in handling personal injury, wrongful death and family law matters. This rounded experience often assists him in addressing his client's over all concerns and needs in his criminal defense practice.

Mr. Mueller has extensive law enforcement and prosecutorial training which he uses to gain an advantage in defense of clients. Some of this training includes collision investigation and accident reconstruction. Mr. Mueller has been called upon to participate in the investigation of countless on scene vehicular homicide and serious injury investigations. Mr. Mueller has also been trained and successfully completed law enforcement courses in FST (Field Sobriety Testing) HGN (Horizontal Gaze Nystagmus) and DRE (Drug Recognition Expert). Mr. Mueller has taught as an instructor in both the HGN and DRE programs as well as other law enforcement and prosecutorial related programs, some of which he developed.

Mr. Mueller has been involved in well over a thousand DUI cases. He has been called upon to offer expert opinion in civil matters on the prosecution of DUI cases. Mr. Mueller was also asked to work with prosecutors and defense attorneys to spearhead the re-write of the DUI, vehicular homicide, and other vehicular felony jury instructions.

Having spent many years as a prosecutor allows Mr. Mueller to evaluate your case not only from a defense perspective, but Mr. Mueller can also see your case just like the prosecutor who will be trying to convict you. This gives you a distinct advantage. Mr. Mueller has the trial experience and the extraordinary talent to achieve successful results in your criminal case.

Mr. Mueller carefully handles all his client’s cases personally. Mr. Mueller is a firm believer in making himself available to his clients, and can be reached 24 hours a day in case of emergencies.

Other Accomplishments, Memberships & Associations

Arizona Attorney’s for Criminal Justice
Evaluator and Judge in High School and ATLA Courtroom Competitions
Arizona State Board of Directors Special Teaching Certificate
Prosecutor of the Year - MADD
Prosecutor of the Year - MCAO
Crime Victim’s Rights Special Award
Dean’s List California State University, Los Angeles
Lifeguard of the Year, City of Whittier, California
Fluent in Portuguese
Water Polo: MVP, Captain, All-League, California Interscholastic Federation Finalist
Swimming: MVP, Captain, All-League, League Champion Free-Style, California Interscholastic Federation Finalist

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Do I Need an Attorney?

No. If you are charged with a crime, you need a good trial lawyer. There are some things that you will encounter great difficulty doing for yourself in the criminal justice system.

Many times I have had the opportunity to observe cases where the person accused of a crime attempted to represent themselves without a lawyer. In the law the term for such a person is in propria persona, or pro per for short. It literally means “by one’s self.” Imagine trying to carefully strategize and win a game of chess when you don't even know the rules.

There are many important aspects of your criminal case that you can be crippled by attempting to handle the case by yourself without a good trial lawyer. I will only discuss two of these aspects so you can get an idea of the necessity of good representation.

The first aspect you are limited by is your ability to negotiate. The reason why a prosecutor won't negotiate with you is that you simply don't possess the credibility to sit down with an adverse lawyer and discuss the merits of how your case will be viewed by a judge or jury. The prosecutor knows that you don't know what you are doing. The prosecutor is not going to haggle over legal issues with a non-lawyer, let alone the accused defendant. You don't have the respect that is earned by the fact that you can go to trial and win.

Prosecutors can be very cynical. In my experience, one of the best ways to get a prosecutor to listen is to convince them that there is a real risk that they may not be able to win at trial. For legal reasons a judge may not let them introduce certain evidence at trial, or an element of the crime charged may be weak. A prosecutor is much more apt to acknowledge these potential problems in your case if they are brought to the prosecutor’s attention by an experienced trial lawyer who has earned their respect.

The second aspect that you are severely limited by when you aren't represented by a good trial lawyer is the ability to effectively present your case and prevail at trial. If you want to win at trial, you need a good trial lawyer. All the evidence in your favor does little good if you can’t get it admitted. You wouldn't go to a professional boxing match thinking you could climb into the ring, throw a lucky punch and walk away with a title belt. The reality is that you would probably walk away in need of medical attention, if you walked away at all. Attempting to try a criminal case where your freedom is at stake without a good trial lawyer may end very badly for you. There is an old saying that gets kicked around courtrooms that goes, “anyone who represents himself in court has a fool for a client and an ass for an attorney.”

There are so many facets of a criminal case that a good trial lawyer can help you with. I have explained only two. When you, or someone you love, are facing criminal charges it is also of great value to have the peace of mind that your case, or your loved one’s case, is being handled by an experienced professional who can achieve the best possible result.

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What Am I Facing?

Chances are if you are reading this, you or someone you know, has just been charged with a crime. The first reaction for most people is fear of the unknown. Whether you or someone you love was taken into custody or issued a summons to appear in court, you are now entering the unfamiliar world of the criminal justice system. Your freedom or the freedom of a loved one is at stake. You probably have many questions. Are you, or someone you love going to be forever branded a criminal? Will you go to jail or worse yet prison? Will you lose your job, your license, or everything you have worked for? What can be done?

Many crimes in Arizona require mandatory incarceration and fines. It is essential for your peace of mind to understand what you are, or are not, facing in your case. Only an experienced trial lawyer who is knowledgeable in the law and experienced in dealing with the varied policies of different prosecutorial agencies can help you understand what you are facing. There are many factors that can affect the range of punishment you or your loved one is facing including:

• The number and nature of the charges
• The dates the alleged offenses took place
• The age of the alleged victim(s)
• Whether a weapon or dangerous instrument was involved
• Whether the accused has prior convictions
• Whether the accused was on probation, parole or release
• Many other factors

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What Will It Cost?

Ultimately what you are compensating a lawyer for is time. When I agree to take on a new case I take on a very personal responsibility. That responsibility is not one I assume lightly. Often my client’s freedom and lives are entrusted to my care. The only way I can sleep at night is with the knowledge that I have done everything possible to ensure the best possible outcome of your case.

Most people don't plan to be charged with a crime, and that is why I am committed to making quality legal representation affordable. I handle the majority of criminal cases on a flat fee. In other words you do not have to worry about being charged by the hour. We agree to a set amount for the representation in your case. This gives you the peace of mind that if your case becomes more complicated than anticipated, or drawn out for any reason, you are not going to be financially drained. I accept a most forms of payment.

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Am I Aggressive?

Honestly I hate this question, but it is one that I am frequently asked to answer due in great part to the perceptions of lawyers based on advertising. Good lawyers are so much more than just aggressive. If you were to consult a Thesaurus on the word aggressive, you would find quite few synonyms. Below are two lists of those synonyms.

• arrogant
• belligerent
• brash
• combative
• contentious
• hostile
• intimidating
• offensive
• quarrelsome
• threatening

• assertive
• bold
• committed
• courageous
• daring
• determined
• dynamic
• enterprising
• forceful
• resolute

While I strive for the attributes of List Two, I am on occasion guilty of those in list one. Artful lawyering often requires clever intelligence, tact, and a profound understanding of the deepest levels of psychological persuasion. A good lawyer wins an argument for his client without letting the opposition know they ever differed. I have always enjoyed doing that which others say is not possible. The key to extraordinary result is extraordinary efforts. The concepts of devotion and success are inseparable.

Years ago, while I was still a prosecutor I agreed to re-try a case after a colleague’s attempt to try the case resulted in a hung jury. My first attempt, and the second trial, also resulted in a hung jury. Everyone told me the third attempt would be a waste of time. Giving up however is not in my nature. The third trial took several days. The night before closing arguments I had a mountain bike accident which resulted in fractures to my thumb, wrist, the radius or my arm, and three of my ribs. The next morning in court, despite the rib fractures making each draw of breath excruciating, I passionately gave my closing argument in a full sweat and won the case.

If you are charged with a crime, you need an experienced lawyer who is not only aggressive, but will persevere in the face of opposition and stand with you devoted to your cause.

"Resolve to perform what you ought; perform without fail what you resolve."
- Benjamin Franklin

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Release & Bond

A person who is accused or charged with a crime is called a defendant. When a defendant is charged with a crime and brought before the Court, the Court will set release conditions for the defendant. The Court wants to ensure that the defendant will appear at future court proceedings. A defendant’s release may be as simple as a promise to appear, also known as being released on one's own recognizance, which is often referred to as “OR.” The court may also require a defendant to secure release by posting a bond.

The Court considers two main factors when deciding release conditions. The first factor the Court considers is whether or not the defendant poses a flight risk. The second factor the Court considers is the danger the defendant may pose to the community.

What is Bond

The words bond and bail are often used interchangeably. Bond is money or property that is deposited with the court to ensure that the Defendant will return to court when required to do so. If the defendant returns to court as required, the bond will be returned at the end of the case. This is true even in the event that the defendant is convicted. However, should the defendant fail to return to court when required or violate the release conditions, the bond may be forfeited to the court.

The Law Behind Release and Bond

The United States Constitution and the Arizona Constitution establish bail for those accused of crimes. Despite the accusations and charges against a Defendant, it is important not to loose focus on the fact that a Defendant is presumed innocent. The law requires that bail should not be excessive.

• The character and reputation of the defendant
• The ties the defendant has to the community
• The criminal history, if any, of the defendant
• The nature and gravity of the offense(s) charged
• The measure of punishment that the defendant is facing
• The financial resources and assets of the defendant to post bond
• Other relevant facts

Recent Results

State v. S.Y. - $100,000.00 reduced to OR
State v. R.C. - $81,000.00 reduced to OR

"None who have always been free can understand the terrible fascinating power of hope of freedom to those who are not free"
- Pearl S. Buck

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If You Have Received a Traffic Ticket

If you have received a traffic ticket, this means that the State of Arizona is alleging that you committed a civil traffic violation or violations. The ticket may also be referred to as a citation, or complaint. The violation may also be referred to as a charge. You now have several choices of how to proceed.

Choice #1: You May Be Eligible to Attend Traffic Survival School

Traffic Survival School is an educational course which you may be eligible to attend or complete if you have not previously attended driving school within two years of the date of your current citation. You must successfully complete and pass an approved course prior to your scheduled court date. You may be able to request an extension and have that request granted by the court. Proof of completion of the course will act to dismiss the violation. If the citation is dismissed there will be:

• No finding of responsible
• No points accessed to your driving record
• No fines
• No changes to your insurance rates
  

Note: You will not be allowed to attend driving school to dismiss your citation if you have a commercial driver’s license.

Choice #2: Plea of Responsible

• This plea means you agree that you committed the violation(s) as listed in the citation and will pay the fine associated with the violation(s). "Responsible" is used with civil violations while the word "Guilty" is used with criminal violations. Being found responsible of many violations will cause the State of Arizona Motor Vehicle Division to assess points to your driving record. The State of Arizona Motor Vehicle Division takes action on your license based on the number of points you accumulate. Your insurance company may also increase your insurance rates based upon findings of responsible.
  
  
• You may be able to pay the fine by phone, by mail, on-line or go in person on or before your Court date, unless otherwise stated on the information envelope given to you by the police officer.
  
  
• You may also appear at the date and time listed on your citation to plead responsible and pay the fine.
  

Choice #3: Plea of Not Responsible

A plea of not responsible means that you deny that you committed the violation(s) listed on the citation and are requesting a civil traffic hearing. A civil traffic hearing is a trial held before a Judge or Hearing Officer who decides both the facts and the law of the case. At this hearing the State must prove the violation(s) listed on the citation against you by a preponderance of evidence. This means that the State must prove that it is more likely than not that you committed the violation. If your citation lists more than one charge, you will need to enter a plea for each charge. You are not required to enter the same plea for all charges. In other words you may plead responsible to one violation and challenge other violations. You may request a hearing by mail by completing the Hearing Request located in the information envelope provided by the officer. You may also appear in court on or before the date listed on you citation to have your complaint set for a hearing.

• If you request a hearing, in most cases it will be scheduled approximately one month from the date your request was received.
  
  
• You may be represented by a lawyer or you may present your own case at your hearing. If you decide to have a lawyer represent you, you must notify the Court in writing at least 10 days prior to your hearing. You cannot be represented by someone who is not a licensed attorney in the State of Arizona.
  
  
• If you are found "responsible", the Hearing Officer or Judge will decide what your fine will be. The fine may be more or less than the amount listed on the fine schedule given to you by the Police Officer.
  

Preparing Your Case for Trial

There are many things that can be done to prepare your case for trial. The purpose of trial preparation is to preserve and gather evidence to disprove the allegations against you. Many times photographs are very useful to a Judge in deciding your case. If photographic evidence would be of value in your case, attempt to obtain the photographs as close as possible to the date and time of the citation. Many times things change over time such as vegetation growth which may be blocking the view of a traffic sign. There is also a great deal of constant construction in the State of Arizona, so a road or intersection may change. Speaking with a lawyer can be very helpful to you in determining what evidence might be valuable in your case.

Failure to Pay Your Fine or Appear for Your Court Date:

If you fail to appear on your assigned Court date, or you do appear and are found responsible, but do not pay the fine ordered by the Judge or Hearing Officer, the Court will notify the Motor Vehicle Department that you are in default. Motor Vehicle Division will then suspend your driving privileges. If your driver's license or privilege to drive is suspended as the result of a default judgment, you will be required to pay the fine, a default fee, and additional fees to the Motor Vehicle Department in order to have your driving privileges reinstated. If you drive while your license or privilege to drive is suspended, you will be subject to criminal penalties and additional sanctions.
In addition, for all Civil violations for which a default judgment has been imposed, the Court may notify a credit bureau of any outstanding and delinquent balances, notify the Arizona Department of Revenue to attach your tax refunds, and take any other legally appropriate collection action against you, your income, or your property. If the Court refers your account to a collection agency or the Arizona Department of Revenue, additional collection fees will be added to your account balance.

Right to Appeal

You have the right to appeal a final decision of the Court by filing a Notice of Appeal within fourteen (14) calendar days of the judgment of responsible. You are not required to pay the fine or post the bond to exercise your right to appeal. However, if you choose not to pay the fine or post the bond on the day the final judgment is entered or make arrangements to pay with the Court, the Court will enter a default judgment against you and additional fees will be assessed.
An appeal is a legal process in which a higher court reviews the decision of the Judge or Hearing Officer in your case based on the audio record of your hearing. An appeal is not a retrial of your case and you cannot present new evidence or testimony. You are responsible for all appeal charges, costs and fees.

Representation

Many times in a civic traffic matter the fine you may be facing is far less than the cost of my representation. You must also consider other factors such as points accessed by the Arizona Motor Vehicle Division and potential increases in your automobile insurance rates. There are defenses to many traffic violations. I have had the opportunity to handle over 100 civil traffic trials and would be happy to discuss your case. The call is free. (602) 697-8761.

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Speeding

In Arizona, speeding 1 to 19 mph over the posted speed limit can result in a civil traffic violation subjecting you to fines and points on your driving record with Motor Vehicle Division (MVD). Speeding 20 mph over the posted speed limit or in excess of 85 mph can be charged as a crime subjecting you to possible jail time.

In Arizona, the simple fact that you are alleged to be traveling in excess of the posted speed limit is not sufficient to fulfill the law. A posted speed limit means that the Arizona Department of Transportation (ADOT) has determined what they believe is the maximum reasonable speed for that roadway. When the State attempts to prove you responsible of a civil speeding violation or guilty of criminal speeding, the State must prove that you drove at a speed greater than is reasonable and prudent under the circumstances, conditions, and actual and potential hazards then existing. Based on that legal standard, you can also be cited for going too slow. The simple fact that you are alleged to be going 70 mph in a posted 65 mph zone is not sufficient to fulfill Arizona law. The State must introduce evidence about the circumstances and conditions.

Defenses

Many inexperienced officers fail to introduce evidence about the circumstances and conditions at trial. Many officers are unable to introduce evidence about the circumstances and conditions then existing because they failed to document or record anything about the circumstances and conditions at the time they issued the ticket. Not introducing, or not being able to introduce this necessary evidence can lead to dismissal.

Identity is always an issue. The officer must be able to prove that he measured the correct vehicle. The State must also prove that the vehicle that was measured is the same vehicle that the officer eventually stops and issues the citation. Our roadways are traveled by many vehicles often in close proximity to one another. Many times officers loose sight of vehicles for significant periods of time before overtaking and attempting a stop. Other defenses include attacking the accuracy and credibility of the method used to calculate your speed. These include radar, laser, lidar, pace, vascar, visual estimate, aerial and photo enforcement.

Consequences

Depending on your driving history, being found responsible or guilty of a speeding charge can have many potential consequences.

Civil Speeding

Fines
Classes
Points accessed to your driving record
Potential suspension or revocation of your license
Higher insurance rates

All of the above with the addition of:
Conviction of a crime resulting in a criminal record
Jail Time
Probation
Community Service

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Photo Enforcement

In Arizona, motorists may encounter photo enforcement of both speeding and traffic signal violations. Photo enforcement cases have many unique aspects. In a classic traffic citation situation, an officer issues a citation and then delivers the citation to the appropriate court. The officer’s citation serves the dual function of charging the violation and as notice to the motorist. In photo enforcement, notice must be accomplished and proven by other means.

In Arizona, the simple fact that you are alleged to be traveling in excess of the posted speed limit is not sufficient to fulfill the law. A posted speed limit means that the Arizona Department of Transportation (ADOT) has determined what they believe is the maximum reasonable speed for that roadway. When the State attempts to prove you responsible of a civil speeding violation or guilty of criminal speeding, the State must prove that you drove at a speed greater than is reasonable and prudent under the circumstances, conditions, and actual and potential hazards then existing. Based on that legal standard, you can also be cited for going to slow. The simple fact that you are alleged to be going 70 mph in a posted 65 mph zone is not sufficient to fulfill Arizona law. The State must introduce evidence about the circumstances and conditions.

Defenses

Photo enforcement of speed violations often lacks the ability to introduce evidence about the circumstances and conditions at trial. The State’s witness is frequently unable to introduce evidence about the circumstances and conditions then existing because it was not documented or recorded. Not introducing, or not being able to introduce this necessary evidence can lead to dismissal.

Identity is often a challenging element for the State in photo enforcement cases. The State goes about proving the identity of the driver by issuing a citation to the registered owner of the vehicle in question. The State through MVD, will then acquire the address of the registered owner, and the driver’s license photo on record of the registered owner. Typically, the only evidence the State possesses to establish that the registered owner is in fact the driver of the vehicle is to compare the two photos. MVD photos are often outdated. Photo enforcement photos often involve obscurement by rearview mirrors, sunglasses, hats etc. Making a positive identification based on the two photographs can be difficult in some cases. If identification can not be proven according to the appropriate applicable legal standard, the case will be dismissed.

Our roadways are traveled by many vehicles often in close proximity to one another, the State must also prove that the vehicle alleged to have committed the violation is the same vehicle that the citation was issued. Other defenses include attacking the accuracy and credibility of the photo enforcement instrument and equipment. Some cities and police departments pay private photo enforcement agencies to carryout photo enforcement and prosecution in court. These private agencies are paid from the money collected. This fact gives rise to bias and motive arguments. Mistakes are made, and errors have been discovered resulting in the improper ticketing of thousands of motorists.

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Driving Under the Influence (DUI)

In Arizona, Driving Under the Influence (DUI) is not a traffic ticket. It is a crime. DUI is a class 1 misdemeanor which is the most serious kind of misdemeanor in Arizona. Arizona drivers should be educated in Arizona law to avoid criminal consequences. A driver or someone in control of a vehicle can be convicted of DUI three different ways in the State of Arizona.

1. Driving while impaired to the slightest degree
There is no 'legal limit' in the State of Arizona contrary to what many believe. If the State can prove that your ability to drive has been impaired to the slightest degree by the use of alcohol, drugs or any combination of drugs (including prescription) you may find yourself convicted of DUI.

2. .08% or more within two hours of driving
If the State can prove that your blood alcohol concentration is .08% or more within two hours of operating a vehicle you may find yourself convicted of a DUI. At a .08% alcohol concentration, you are presumed to be impaired. Additional charges with heavier penalties can be brought against you if the State is able to prove that your alcohol concentration is .15% or more with in two hours of driving (Extreme DUI) or .20 % or more alcohol concentration with in two hours of driving (Super Extreme DUI)

3. Driving with a non-prescribed drug or its metabolite in your system
If your blood or urine contains a non-prescribed drug listed in A.R.S. 13-3401 (which is a listing of illegal drugs and drugs that require a prescription), and the State can prove you have been driving, you may find yourself convicted of DUI. (See DUI & Drugs (DRE)

Aggravated DUI, which is a felony, can also be charged if the State can prove: 1) your license or privilege to drive was suspended or restricted; 2) you have two DUI convictions within seven (7) years; or 3) you have a person under fifteen (15) years of age in the vehicle with you. (See Aggravated DUI)

What are the Consequences of a Misdemeanor DUI Conviction?

If you have a friend or a family member who is charged with a DUI, do not let them do it alone. DUI investigations can be complicated for some investigating officers. If certain legal procedures are not followed, we may be able to suppress evidence or secure a dismissal. There is also much than can be done to mitigate the consequences of a DUI with the help of experienced representation. DUI is a focused and sometimes complicated area of law. Experienced qualified representation is essential. You want a lawyer who has the experience and ability to protect your rights.

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Driving Under the Influence of Drugs and Drug Recognition Exams (DRE)

In Arizona, Driving Under the Influence of Drugs requires that the State to prove that your ability to drive has been impaired to the slightest degree by the use of drugs (including prescription). Many times these cases will involve the use of what is know as a DRE, which is short for either Drug Recognition Expert or Drug Recognition Exam. A DRE officer has been specially trained to recognize the signs and symptoms of the influence of seven categories of impairing drugs after the administration of a 12 step procedure. The 7 drug categories are:

• Central nervous system (CNS) depressants
• Central nervous system (CNS) stimulants
• Hallucinogens
• Phencyclidine
• Narcotic Analgesics
• Inhalants
• Cannabis
  

The DRE program was developed in 1979 and validated through both laboratory and field studies conducted by Johns Hopkins University. The DRE exam involves things such as field sobriety tests (FSTs) testing the suspect's pupil size under various lighting conditions, horizontal gaze nystagmus (HGN), lack of convergence (LOC), pulse, temperature, blood pressure, muscle tone, etc. The program has been supported by the National Highway Traffic Safety Administration (NHTSA) since 1984. The prosecution will use the DRE's testimony to provide evidence of impairment in DUI cases. DRE issues play important roles in many vehicular homicide cases also. In most serious or fatal collision cases, a DRE is called to evaluate the suspect driver.

When challenging a DRE case it is essential to have a trial lawyer understands the DRE program. I had the privilege of completing the same DRE course as DRE officers receive. I have been trough all the training and have served as an instructor in the DRE program instructing both police officers and prosecutors.

If you are facing a DUI or drug related criminal charges after a car accident and the possibility of a DRE working against you, you need an attorney who understands DRE and how to defend you.

Drug or Metabolite

Another DUI charge that may be brought against you is driving with a non-prescribed drug or its metabolite in your system. If your blood or urine contains a non-prescribed drug listed in A.R.S. 13-3401 (which is a listing of illegal drugs and drugs that require a prescription), and the State can prove you have been driving, you may find yourself convicted of DUI. So in other words if the State tests a sample of your blood or urine and the results show an illegal drug or one for which you do not have a valid prescription, you may find yourself convicted of a DUI.

What are the Consequences of a Misdemeanor DUI Conviction?

If you have a friend or a family member who is charged with a DUI, do not let them do it alone. DUI investigations can be complicated for some investigating officers. If certain legal procedures are not followed, we may be able to suppress evidence or secure a dismissal. There is also much than can be done to mitigate the consequences of a DUI with the help of experienced representation. DUI is a focused and sometimes complicated area of law. Experienced qualified representation is essential. You want a lawyer who has the experience and ability to protect your rights.

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Aggravated DUI

In Arizona, Aggravated Driving Under the Influence (Aggravated DUI) is a felony. The elements of DUI remain the same as for a misdemeanor DUI. To be Aggravated however, the State must prove in addition to the elements of DUI that:

1. The accused person’s driver license or privilege to drive was suspended, canceled, revoked, refused, or restricted as a result of a DUI, and the accused knew, or should have known it was suspended, canceled, revoked, refused, or restricted. This offense is a class 4 felony.
   
   
2. The accused has two DUI convictions within 7 years. This offense is a class 4 felony.
   
   
3. A person under 15 years of age was in the vehicle. This offense is a class 6 felony.
   

What are the Consequences of an Aggravated DUI Conviction?

Many Aggravated DUI prosecutions require the State to prove not only the status of your privilege to drive, but that MVD adequately notified you of that status. This requirement can be challenging for the State. Having a lawyer who is familiar with the inner workings of MVD, and who has years of experience arguing these issues to a jury can mean the difference between a felony conviction and prison, and acquittal or dismissal. I have handled hundreds of Aggravated DUI cases. Defending an Aggravated DUI is a very specific and sometimes complicated area of law. Experienced qualified representation for this crime is essential. You want a lawyer who has the experience and ability to protect your rights.

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Hit & Run

In Arizona, the crime of Hit & Run is actually called Leaving the Scene. If you are charged with a Leaving the Scene offense in Arizona it is important that you understand that there are many different levels of this crime ranging from a misdemeanor to a class 2 felony.
Hit & Run cases can be difficult cases for the prosecution depending on the quality of the investigation. Hit & Run cases typically focus on physical evidence. While a good investigation may be able to locate and prove that a particular vehicle was involved in a collision, proving who was driving that vehicle at the time can be very difficult. I have extensive experience with accident reconstruction and I am quite familiar with the various techniques used in these types of cases. I am also familiar with the challenges the prosecution faces in hit & run cases both factually and legally. I have the necessary experience to carefully evaluate the credibility of the police investigation and determine its weaknesses. These cases can be difficult for both the prosecution and defense, which is why you want a lawyer who has the experience and ability to protect your rights.

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Vehicular Aggravated Assault

In Arizona, if the State proves that an accused recklessly caused a serious injury or caused an injury with a dangerous instrument, then the elements of Aggravated Assault have been met. Many people, who believe they will be facing DUI charges after a collision where someone was injured, find themselves charged with Aggravated Assault. Even more shocking for some is learning that they are facing mandatory years in prison. The State’s plea offer will generally be an offer involving years of prison. This is a serious charge and the State is serious about putting those charged with this crime in prison. It is absolutely imperative that you hire the right lawyer to defend this crime.

There are many defenses that must be explored in defending a vehicular Aggravated Assault charge. Many attorneys who have experience with DUI are capable of adequately exploring the impairment aspect of the charge. In many cases, however the essence of a successful defense rests in causation. In order to successfully defend causation, your lawyer should be thoroughly familiar and experienced with traffic laws. You lawyer must understand and have extensive experience with collision investigation and accident reconstruction to be able to evaluate and attack causation.

Over five years of my life were spent in a special unit prosecuting vehicular homicides and vehicular Aggravated Assaults. Over the years I was surprised how often these cases were handled by attorneys who had little or no experience with the issues involved in these cases. If you or a loved one is charged with a vehicular Aggravated Assault you need to have a lawyer who is experienced with collision investigation and accident reconstruction. You need a lawyer who is experienced in dealing with the State’s criminalists and medical records. You need a lawyer who has experience in cross-examining medical doctors and experts in toxicology, bio-mechanics, DRE and DNA. I was privileged to receive extensive experience and training in these areas as a vehicular homicide prosecutor for the State of Arizona. I have been called to countless on scene vehicular homicide, hit and run, and serious injury investigations. I spent so much time and gained so much experience with these issues in trial, that years ago I was requested to work with both prosecutors and defense attorneys to spearhead the re-write of DUI, vehicular homicide, and other vehicular felony jury instructions.

There are several ways Vehicular Aggravated Assault can be charged, but it is normally charged in situations where serious injury is caused by a driver speeding well in excess of the speed limit or there is impairment due to alcohol or drugs. Vehicular Aggravated Assault is also normally charged as a “dangerous felony”. This is an offense that involves a deadly weapon or dangerous instrument. A “dangerous instrument” means anything under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious physical injury. In vehicular Aggravated Assaults, the dangerous instrument used is a vehicle. The importance of the dangerous allegation is that it makes punishment for the crime a sentence of mandatory prison.

In the vehicular setting of Aggravated Assault, the State typically has to prove that the accused recklessly caused a serious injury to another. "Recklessly" means with respect to a result or to a circumstance described by a statute defining an offense, that person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstances exists. The risks must be of such a nature and degree that disregard of such risk constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A first offense conviction of a class 3 dangerous Aggravated Assault charge would mean a mandatory prison sentence of anywhere from 5 to 15 years. A first offense conviction of a class 2 dangerous Aggravated Assault charge would mean a mandatory prison sentence of anywhere from 7 to 21 years.

A key defense often overlooked or not adequately argued is the definition of “recklessly”. The fact that the accused is legally impaired, or would be guilty of DUI does not automatically equal recklessness. Eventually a jury will deliberate to determine whether or not your conduct was reckless. You will want that decision made only after a lawyer intimate and experienced arguing that definition has educated and instructed your jury on the subject. You need a lawyer who has the experience and ability to protect your rights.

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Vehicular Homicide

In Arizona, if the State proves that an accused recklessly or with criminal negligence caused the death of another person, then the elements of Vehicular Homicide have been met. Many people, who believe they will be facing DUI charges after a collision where someone was killed, find themselves charged with Vehicular Homicide. Even more shocking for some is learning that they are facing mandatory years in prison. The State’s plea offer will almost always be an offer involving many years of prison. This is a serious charge and the State is serious about putting those charged with this crime in prison. It is absolutely imperative that you hire the right lawyer to defend this crime.

There are many defenses that must be explored in defending a Vehicular Homicide charge. Many attorneys who have experience with DUI are capable of adequately exploring the impairment aspect of the charge. In many cases, however the essence of a successful defense rests in causation. In order to successfully defend causation, your lawyer should be thoroughly familiar and experienced with traffic laws. You lawyer must understand and have extensive experience with collision investigation and accident reconstruction to be able to evaluate and attack causation.

Over five years of my life were spent in a special unit prosecuting vehicular homicides. Over the years I was surprised how often these cases were handled by attorneys who had little or no experience with the issues involved in these cases. If you or a loved one is charged with a vehicular homicide you need to have a lawyer who is experienced with collision investigation and accident reconstruction. You need a lawyer who is experienced in dealing with the State’s criminalists and medical examiners. You need a lawyer who has experience in cross-examining medical doctors and experts in toxicology, bio-mechanics, DRE and DNA. DRE issues play important roles in many vehicular homicide cases also. In most serious or fatal collision cases, a DRE is called to evaluate the suspect driver. (see DUI & Drugs (DRE)) I was privileged to receive extensive experience and training in these areas as a vehicular homicide prosecutor for the State of Arizona. I have been called to countless on-scene vehicular homicide, hit and run, and serious injury investigations. I spent so much time and gained so much experience with these issues in trial, that years ago I was requested to work with both prosecutors and defense attorneys to spearhead the re-write of jury instructions for DUI, vehicular homicide, and other vehicular felonies.

Vehicular homicide is normally charged in situations where a death is caused by a driver speeding well in excess of the speed limit or there is impairment due to alcohol or drugs. Depending on the circumstances, vehicular homicide can be charged three different ways. These three types of vehicular homicide are discussed below. Vehicular homicides are also normally charged as a “dangerous felony”. This is an offense that involves a deadly weapon or dangerous instrument. A “dangerous instrument” means anything under the circumstances in which it is used is readily capable of causing death or serious physical injury. In vehicular homicides, the dangerous instrument used is a vehicle. The importance of the dangerous allegation is that it makes punishment for the crime a sentence of mandatory prison.

Manslaughter

By far the most common form of vehicular homicide charged in Arizona is Manslaughter. In the vehicular setting manslaughter requires the State to prove that the accused recklessly caused the death of another. "Recklessly" means with respect to a result or to a circumstance described by a statute defining an offense, that person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstances exists. The risks must be of such a nature and degree that disregard of such risk constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A first offense conviction of a dangerous Manslaughter charge would mean a mandatory prison sentence of anywhere from 7 to 21 years.
A key defense often overlooked or not adequately argued is the definition of “recklessly”. The fact that the accused is legally impaired, or would be guilty of DUI does not automatically equal recklessness. Eventually a jury will deliberate to determine whether or not your conduct was reckless. You will want that decision made only after a lawyer intimate and experienced arguing that definition has educated and instructed your jury on the subject. You need a lawyer who has the experience and ability to protect your rights.

Second Degree Murder

In the vehicular setting, Second Degree Murder is similar to Manslaughter in several respects, but it requires the additional proof that the offense was committed under circumstances manifesting extreme indifference to human life which created a grave risk of death. A first offense conviction of a Second Degree Murder charge would mean a mandatory prison sentence of anywhere from 10 to 22 years. Additionally, this is flat time. In other words the sentence is day-for-day prison time with no early release or time off for good behavior.

Negligent Homicide

Negligent Homicide is also similar to Manslaughter, but requires something less than Manslaughter. The key difference is that Negligent Homicide requires causing the death of another with criminal negligence as opposed to recklessly. "Criminal negligence" is the failure to perceive a substantial and unjustifiable risk the result will occur or that the circumstance exists. The risk must be of such a nature and degree that failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation. A first offense conviction of a dangerous Negligent Homicide charge would mean a mandatory prison sentence of anywhere from 4 to 8 years.

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Other Vehicular Crimes

Mr. Mueller has a wide range of experience with vehicular crimes including:

• Endangerment
• Unlawful Flight
• Aggressive Driving
• Reckless Driving
• Drag Racing
• Racing on the Highway
• Exhibition of Speed
• Driving on s Suspended License
• Underage Drinking and Driving
• Criminal Speed / Excessive Speed
• Fictitious Plates

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For Lawyers

Need a Lawyer to Try a Case for You?

A large percentage of the cases I have had the opportunity to present to a jury over the years, were cases that were entrusted to me shortly before trial by other lawyers. Trials are by far, my favorite part of the practice of law. Because of that fact, it is no secret that my passion for trials has led to an extraordinary amount of experience and success in trial. I am often asked to take over cases for trial. I consider such requests an honor. I am always interested in a good trial. I am also always happy to discuss trial strategy with colleagues.

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Recent Results

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Court Links

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General Links

Arizona Motor Vehicle Division

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General DUI Information

Field Sobriety Testing

Blood Alcohol Concentration Chart

Defensive Driving School

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