Nesci & St. Louis PLLC
James Nesci is a 1994 graduate of the University of Arizona College of Law and was a solo practitioner for ten years in Tucson, Arizona. In January of 2005, he became the managing partner of the firm; Nesci, St. Louis & West, P.L.L.C.
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.. 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 of only four of 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. [www.bestlawfirms.usnews.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. Mr. Nesci and Mr. St. Louis are the only Board Certified attorneys in the State of Arizona. There are less than fifty Board Certified attorneys in the nation (as of January, 2012). Board Certification is recognized by the American Bar Association.
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 and often serves 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]. He is co-author of DUI Defense books for Florida, New Hampshire, Oklahoma, Texas, Utah, Virginia and West Virginia. He is a contributing author to the 5th Edition of the treatise: MedicoLegal Aspects of Alcohol which is a text used by forensic toxicologists across the world and serves as the text for the Borkenstein School at Indiana University. He also authored a consumer book titled: How to Beat a DUI, which is also available at www.lawyersandjudges.com His firm’s practice is devoted primarily to defense of vehicular crimes.
At any one time, he typically defends up to twenty DUI cases in several jurisdictions. 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 which involve alcohol, Mr. Nesci is a recognized expert on the defense of DUI/Drugs cases. Whether they be legal, 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. He is 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 and 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, 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 is 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 is married with 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, mechanic, and a Corvette fanatic.
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
Current Publications: [www.lawyersandjudges.com] Legal Treatises: Arizona DUI Defense: The Law & The Practice. Lawyers & Judges Publishing Co. ©2006. Author: James Nesci. www.lawyersandjudges.com Arizona DUI Defense: The Law & The Practice, 2nd Edition. Lawyers & Judges Publishing Co. ©2009. Author: James Nesci. www.lawyersandjudges.com Arizona DUI Defense: The Law & The Practice, 3rd Edition. Lawyers & Judges Publishing Co. ©2012. Author: James Nesci. www.lawyersandjudges.com Florida DUI Defense: The Law & The Practice. Lawyers & Judges Publishing Co. ©2012 Authors: Alan S. Bernstein & James Nesci. www.lawyersandjudges.com New Hampshire DWI Defense: The Law & The Practice. Lawyers & Judges Publishing Co. ©2010 Authors: Ryan Russman Wagner & James Nesci. www.lawyersandjudges.com Oklahoma DUI Defense: The Law & The Practice. Lawyers & Judges Publishing Co. ©2008 Authors: Bruce Edge, John Hunsucker & James Nesci. www.lawyersandjudges.com Texas DWI Defense: The Law & The Practice. Lawyers & Judges Publishing Co. ©2009. Author: Mimi Coffey & James Nesci. www.lawyersandjudges.com Utah DUI Defense: The Law & The Practice. Lawyers & Judges Publishing Co. ©2010 Authors: Glen W. Neeley, Jason Schatz & James Nesci. www.lawyersandjudges.com Virginia DUI Defense: The Law & The Practice. Lawyers & Judges Publishing Co. ©2011 Authors: Robert Battle & James Nesci. www.lawyersandjudges.com West Virginia DUI Defense: The Law & The Practice. Lawyers & Judges Publishing Co. ©2010 Authors: Harley Wagner & James Nesci. www.lawyersandjudges.com Contributing Author: Garriott’s MedicoLegal Aspects of Alcohol, 5th Edition. Chapter 15: Defense of Driving Under the Influence Cases Editor: Dr. James C. Garriott. Lawyers & Judges Publishing Co. ©2008 Drinking/Driving Litigation. Chapter 20, Intoxilyzer 8000. Thompson/West ©2007 Authors: Nichols & Whited