James Nesci

James Nesci

Retired and Lovin' It!

, AZ

Phone: 520-331-6278

Website: www.AZDefense.com

FellowSustaining MemberBoard CertifiedFaculty

About James Nesci

James Nesci is a 1994 graduate of the University of Arizona College of Law and practiced on his own for ten years in Tucson, Arizona before becoming the managing partner of the firm; Nesci, St. Louis & West, P.L.L.C. in 2005. On January 1st, 2010, he and Joseph P. St. Louis created Tucson’s premier law firm for DUI Defense: Nesci & St. Louis, P.L.L.C.. He retired in 2019 and Nesci and St. Louis PLLC changed its name simply to “Nesci and St. Louis.” Joseph P. St. Louis owns and operates the firm. Throughout his career Mr. Nesci has often defended cases well into the .30 blood-alcohol range as well as drug-related DUIs. 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 that involve 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 was often involved in large-scale challenges to DUI investigative methods and chemical testing. His opinion is still 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 were used for in-court demonstrations and for research purposes. He is qualified to administer Standardized Field Sobriety Tests under National Highway Traffic Safety Administration & International Association of Chiefs of Police Guidelines. 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. Certification is accredited by the American Bar Association. He is one of only four Board Certified attorneys in the State of Arizona, and one of less than seventy Board Certified attorneys in the nation (as of January, 2020). 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, State Delegate Coordinator, Treasurer, Secretary, Assistant-Dean (2015-2106), Dean (2106-2017) and Dean Emeritus (2017-2018). He has also served as an oral argument judge for the Board Certification Committee. He is currently a Fellow of the NCDD. In addition to being the author of Nesci’s Arizona DUI Defense, 5th Edition, Mr. Nesci is also a co-author of DUI Defense books for Alabama, Arkansas, Colorado, Florida, Iowa, Kansas, 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 and 6th Editions of the treatise: Garriott’s Medicolegal Aspects of Alcohol (Lawyers & Judges Publishing Company). 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, and also named as one Tucson’s Top DUI Lawyers by Tucson Lifestyles Magazine. 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, Los Angeles County Public Defender’s Office, 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. Mr. Nesci lives in Tucson with his wife and has 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. In addition to writing books, currently he owns and operates Speedway Corvettes Unlimited, a Corvette restoration and speed-shop in Tucson, Arizona. Admissions: Supreme Court of the United States, 2010 United States Court of Appeals for the Ninth Circuit, 1995 United States District Court for the District of Arizona, 1994 State of Arizona, 1994

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