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Jan 1, 2014 8:54 PM by Sam Salzwedel

DUI attorneys expect calls weeks after New Year's Day

TUCSON - DUI attorneys will get phone calls weeks after the holiday season is over.

James Charnesky is an attorney who has spent 15 years defending DUI cases.

"You will see people who are in a panic, and they will call you the very next day," Charnesky said. "They will call you in the middle of the night. And you will see people who wait until the day before they have court to start making phone calls. So we'll see them drift in."

He believes this season has been busier than years past, especially with the Tucson Police Department.

He said even when he wins, clients may easily spend more $7,000 and have problems with their drivers' licenses.

He said when driving at night, stay within about 5 miles per hour of the speed limit.

"Always turn into the proper lane. That is the number one reason why people are pulled over anymore," Charnesky said. "Fifteen years ago, when officers were patrolling the streets for DUI, they were looking for people with overt poor driving behavior. Nowadays, it's a numbers game."

He advises clients to tell officers the truth, because it could hurt their credibility if there is a trial.

"People oftentimes will deny drinking. Not the best move," Charnesky said. "Because they can smell it. You don't have to tell the officer how much you had to drink, but it's never a good idea to just deny drinking. Because they know you've been drinking."

He said people have the right to politely refuse answering incriminating questions.


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