James Nesci

James Nesci

216 North Main Avenue
Tucson, AZ 85701

Phone: 520-622-1222

Website: http://www.azdefense.com

FellowSustaining MemberBoard CertifiedFaculty

About James Nesci

James Nesci is a Fellow of the National College for DUI Defense. He served as the College’s Dean during the 2016-2017 academic year and was a regent of the College from 2006 to 2017. Board-certified in 2001, Mr. Nesci has been continuously board-certified longer than anyone in the State of Arizona. He retired from the practice of law in 2019. Mr. Nesci is the author of Nesci’s Arizona DUI Defense: The Law & Practice, 5th Edition, a legal treatise written for DUI defense attorneys and published by Lawyers and Judges Publishing Company [www.lawyersandjudges.com]. He is a co-author of DUI Defense books for Alabama, Arkansas, Colorado, Florida, Iowa, Kentucky, Missouri, Nebraska, New Hampshire, New Jersey, North Carolina, Ohio, Oklahoma, South Carolina, Texas, Utah, Virginia, West Virginia and Wisconsin. He is a contributing author to the 5th & 6th Editions of the treatise: MedicoLegal Aspects of Alcohol which is a text used by forensic toxicologists across the world and serves as course material for the Borkenstein School at Indiana University. Additionally, he is a co-author and editor of Medicolegal Aspects of Marijuana: Arizona Edition. He also authored a consumer book titled: How to Beat a DUI, which is also available at www.lawyersandjudges.com In addition to writing books on DUI Defense, Mr. Nesci works on large-scale challenges to DUI laws and investigatory techniques. He is AV-Preeminent-Rated® by Martindale-Hubbell, has been continuously named as one of The Best Lawyers in America® by Woodward/White since 2010 [ www.BestLawyers.com ], and also named as one Tucson’s Top DUI Lawyers by Tucson Lifestyles Magazine. U.S. News and World Report has awarded Nesci & St. Louis PLLC the rank of Tier One Best Law Firm in 2011, 2013, 2014, 2015, 2016, 2017, 2018. [ www.bestlawfirms.usnews.com ]. Mr. 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 involving alcohol, Mr. Nesci is a recognized expert on the defense of DUI/Drugs cases. Whether they are 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. Mr. Nesci is a team-player within the Southern Arizona DUI Defense Community. He is often involved in large-scale challenges to DUI investigative methods and chemical testing. His opinion is sought by DUI Attorneys across the nation on various issues. He is one of only a handful of attorneys in the country who has ever held a DOT-Compliant Permit to operate an Intoxilyzer® 8000. He owns both an Intoxilyzer® 5000 & 8000 which are used for in-court demonstrations and for research purposes. In 2013, he successfully completed the Restek Corporation’s Gas Chromatography/Mass Spectrometry Training Course in Seattle, Washington. He is also qualified to administer Standardized Field Sobriety Tests under National Highway Traffic Safety Administration & International Association of Chiefs of Police Guidelines. 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, Mississippi College School of Law, the Missouri Bar Association CLE Department, the Missouri 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, Pima County Public Defender’s Office, Pima Dental Study Club, the Ontario County (New York) Public Defender’s Office, 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, Liquid Chromatography Mass Spectrometry, Enzyme-Linked Immunosorbant Assays, Blood and Breath Testing. He was a frequent guest of the John C. Scott radio program in Tucson. The Tucson Weekly named Mr. Nesci "King of the DUI Defense" (December 19, 2002). He has appeared on CNN, Inside Edition, Celebrity Justice, Fox News, Access Hollywood, Court TV and National Public Radio. 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. 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.


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