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Home » Archives for James Nesci

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James Nesci

James Nesci often defends cases well into the .30 blood-alcohol range. He has caught more than one police officer lying during cross-examination and some police officers have even refused to grant pretrial interviews to him without a prosecutor or their own counsel present. He was one of the lead attorneys on the Intoximeters® RBT-IV breath-testing issue in Southern Arizona which resulted in the suppression of breath tests in over 7,000 cases and the removal of the RBT-IV from the streets of Arizona. He also spear-headed the effort to obtain the manufacturer’s source code and software for the CMI Intoxilyzer 8000. Although the source code was never obtained, he almost single-handedly ground 90% of all DUI prosecutions within the City of Tucson to a halt for nearly three years and obtained breath test suppressions and dismissals in hundreds of DUI cases. In addition to “traditional” DUI cases which involve alcohol, Mr. Nesci is a recognized expert on the defense of DUI/Drugs cases. Whether they be legal-over-the-counter-medications, prescription medications or illicit drugs, such DUI cases are far more complex and present cutting-edge issues for the courts. He is qualified to administer Standardized Field Sobriety Tests under National Highway Traffic Safety Administration & International Association of Chiefs of Police Guidelines. In 2006, he was appointed Regent of the National College for DUI Defense, Inc. He was formerly the chair of the Curriculum Committee for the NCDD. Currently, he is the State Delegate Coordinator, a member of the Amicus Committee, Treasurer of the NCDD, Member of the Executive Committee and served as an oral argument judge for the Board Certification Committee. Mr. Nesci is the author of Arizona DUI Defense: The Law & Practice, a legal treatise written for DUI defense attorneys and published by Lawyers and Judges Publishing Company (now in its third edition) [www.lawyersandjudges.com]. In 1999 Mr. Nesci became a Sustaining Member of the National College for DUI Defense [www.NCDD.com]. In 2001, he was Board Certified by the National College for DUI Defense, Inc., which is a is recognized by the American Bar Association. He is one of only three Board Certified attorneys in the State of Arizona, and one of less than fifty Board Certified attorneys in the nation (as of January, 2012). Mr. Nesci has lectured from coast-to-coast for such organizations as The University of Arizona James E. Rogers College of Law, Arizona State University College of Law Alumni Association, University of Mississippi CLE Department, South Texas College of Law CLE Department, Arkansas Association of Criminal Defense Lawyers, Arizona Attorneys for Criminal Justice, Arizona Public Defenders Association, California Attorneys for Criminal Justice, City of Phoenix Public Defender's Office, Colorado Criminal Defense Bar, Florida Association of Criminal Defense Lawyers, Indiana Public Defender’s Council, Kansas Association of Criminal Defense Lawyers, Louisiana Association of Criminal Defense Lawyers, Maricopa County Bar Association, Maricopa County Public Defender's Office, Maryland Criminal Defense Attorneys Association, the Mexican-American Bar Association at Loyola, the National Association of Criminal Defense Lawyers, the National College for DUI Defense, the Nebraska Criminal Defense Attorney’s Association, the Nevada State Bar Association, the New York State Bar Association, the Ohio Association of Criminal Defense Lawyers, the Pima County Bar Association, the Pima County Bar Association Young Lawyer’s Division, the Texas Criminal Defense Lawyers Association, the Tucson City Public Defender’s Office, the Tulare County (California) Public Defender’s Association, the Utah Criminal Defense Lawyers Association, and the Washington Foundation for Criminal Justice. He has taught seminars on the subjects of Ethics, 4th Amendment Law, Drug Recognition Evaluations (DUI-Drugs/DRE), Cross-Examination, Trial Tactics, Jury Selection, Field Sobriety Testing, Driving Behavior, Blood Alcohol Calculations, Opening & Closing Arguments, Source Code Litigation, Frye & Daubert Challenges, Intoxilyzer 8000 Operator’s Course, Headspace Gas Chromatography, Blood and Breath Testing. He has represented former Supremes lead singer Diana Ross and Tampa Bay Buccaneers' Tight-End Jerramy Stevens on Extreme DUI charges and fitness guru Richard Simmons on an assault charge. Mr. Nesci lives in Tucson with his wife and twin daughters. He is an honorably discharged veteran of the U.S. Navy where he spent much of his time working as an electrician in the Philadelphia Naval Shipyards. His interests are traveling, fine wines, vintage port and fast cars. He is an amateur race car driver, an accomplished mechanic, and a Corvette fanatic.

Do I have to do Roadside Field Sobriety Tests?

James Nesci May 19, 2014 No Comments

Do I have to do Roadside Field Sobriety Tests?  The answer varies from state-to-state, but in Arizona, the answer could be “yes” or “no” and

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Can I sleep in my car if I’m too drunk to drive? (Actual Physical Control of a Vehicle in Arizona)

James Nesci May 11, 2014 No Comments

Can I sleep in my car if I’m too drunk to drive? (Actual Physical Control of a Vehicle in Arizona) If you move your car, whether

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Phantom Checkpoints Are Real

James Nesci May 11, 2014 No Comments

Phantom Checkpoints Are Real  The police are allowed to lie to the public about their operations, but if a member of the public lies to

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Why is Arizona the Leader in DUI-Drugs Arrests? Follow the Money.

James Nesci May 9, 2014 No Comments

Why is Arizona the Leader in DUI-Drugs Arrests? Follow the Money. Money. It drives everything. And, if you think that it plays no part in

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U.S. Supreme Court Building

US Supreme Court Deals Another Blow to the 4th Amendment

James Nesci May 2, 2014 No Comments

The United States Supreme Court dealt another blow to the 4th Amendment’s protection against unreasonable search and seizures when it delivered a deeply divided opinion,

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Driving with Marijuana Metabolite No Longer Illegal in Arizona

James Nesci April 25, 2014 No Comments

“Smoke ‘em if you got ‘em” is the new word from Arizona Supreme Court (State v. Harris (Shilgevorkyan, Real Party in Interest,) No. CV-13-0056-PR). Arizona

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Blood Draws in the Wild, Wild, West.

James Nesci September 4, 2013 No Comments

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

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

James Nesci August 29, 2013 No Comments

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

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AZ Governor Jan Brewer (not) Arrested for DUI

James Nesci August 27, 2013 No Comments

The Merriam-Webster Dictionary defines “Hypocrisy” as “a feigning to be what one is not or to believe what one does not; especially : the false

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AZ Supreme Court Shoots Down Attack on Breath Testing Defenses

James Nesci August 25, 2013 No Comments

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

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