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Home » Archives for James Nesci » Page 2

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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.

Blood Tests Found Unreliable in 11 Felony DUI Cases

James Nesci August 24, 2013 No Comments

Major problems at the Scottsdale, Arizona Crime Lab will help to clear at least eleven people charged with felony DUI and possibly hundreds more charged

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Medical Marijuana Card Doesn’t Protect Drivers in AZ

James Nesci August 16, 2013 No Comments

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

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Can a DUI Conviction be Expunged in Arizona?

James Nesci August 15, 2013 No Comments

Can a DUI Conviction be Expunged in Arizona? Mandatory jail time, fines, ignition interlocks and license loss are direct effects of a DUI. There are

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NTSB wants to lower DUI Limit to 0.05

James Nesci May 14, 2013 No Comments

Have 2 Drinks, Drive & Go to Jail  The NTSB has announced today (May 14, 2013) that they are seeking to lower the prohibited blood

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How do the police test for alcohol in a blood sample?

James Nesci April 26, 2013 No Comments

How do the police test for alcohol in a blood sample? Keep in mind that a police-administered blood test creates an estimate of the amount

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

James Nesci April 26, 2013 No Comments

What should I do if I receive a photo-ticket in Arizona?  You have four options upon receiving a photo-ticket in the mail, in Arizona (other

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

James Nesci April 26, 2013 No Comments

Do the police have to read Miranda Rights to me, when I am arrested? The short answer is “No.” The triggering event for Miranda Rights

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Prosecutors Attempt to Limit Defenses

James Nesci April 26, 2013 No Comments

What started as a seemingly routine and innocuous motion by the prosecutors in the Tucson City Court has now grown into a major breath-testing battle

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How do machines test for alcohol in breath?

James Nesci February 23, 2013 No Comments

Although three types of breath-testing estimators are approved for use in Arizona, the police only use one–the Intoxilyzer 8000© made by CMI, Incorporated, in Owensboro,

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