- 5 Frequently Asked Questions About Arizona DUI Penalties
Posted July 2, 2008, 6:16 am
1. If I am convicted of an Arizona DUI, do I have to go to jail? The only way to avoid going to jail is to avoid a DUI conviction. However, if you are convicted, Arizona DUI law requires a mandatory term of jail. The amount of jail will depend on several factors. To start, the results of a blood alcohol concentration (BAC) test will generally control the amount of mandatory jail required. Here are the mandatory minimum terms of jail based on a person's BAC: BAC under .150 - 1 day BAC of .150...
- What is an Arizona Reckless Driving Charge?
Posted June 23, 2008, 10:46 pm
Reckless driving is one of the more serious misdemeanor offenses in Arizona. The crime can be either a class 1 or class 2 misdemeanor. When charged as a first time offense, as a class two misdemeanor, the statute has a maximum penalty of four months in jail and $750.00 fine. Moreover, there are some additional consequences to a person's driver's license. Reckless Driving is considered a serious moving violation and places 8 points on a person's driver's license. This in turn, requires the...
- When Does a Person Get a Hearing Regarding a License Suspension
Posted June 20, 2008, 11:54 pm
In the context of a DUI case, there are two common scenarios when a motorist will receive an order of suspension for their driver's license: After they refuse to take a chemical test pursuant to A.R.S. 28-1321(D)(2); and After a test result of .08 or greater pursuant to A.R.S. 28-1385(A). The Motor Vehicle Division of the Department of Transportation permits a person a hearing prior to the suspension. The hearing request can be made by mail, facsimile or email. The request for the hearing must...
- Special Laws For Commercial Drivers Charged with DUI
Posted June 20, 2008, 6:13 pm
Drivers operating a vehicle with a commercial driver's license (CDL) have different standards than other drivers. The reason is because of the safety issues associated with operating larger vehicles such as trucks, tractor-trailers and buses. The Arizona DUI laws are much more restrictive for people with commercial drivers licenses (CDL). While most Arizona drivers will be in violation of the law if their blood alcohol concentration is .08 or greater, commercial driver have a much tougher...
- The DUI Accident Where There Are No Injuries - Endangerment
Posted June 20, 2008, 8:59 am
I see the following scenario commonly in my practice. My client is responsible for causing a low impact accident. No one from either automobile was injured. However my client had consumed alcohol, and a blood test confirmed he was over Arizona's legal limit of .08. What charges may he be facing? Obviously he is facing a misdemeanor DUI. And more troubling, he may also be facing an Endangerment charge. Under section 13-1201 of the Arizona Revised Statutes, a person commits Endangerment by:...
- New Extreme DUI Penalties
Posted June 20, 2008, 6:57 am
The are several types of DUI offenses in Arizona. An extreme DUI is based on the blood alcohol concentration (BAC) level of the person accused of DUI. Specifically, if the person has a BAC above a .150 they will be charged with extreme DUI under ยง 28-1382 of the Arizona Revised Statutes. Some of the penalties for being convicted of an Extreme DUI charge include: Incarceration (a term of jail) Fines Installation of an Ignition Interlock Device Driver License Suspension Substance Abuse Screening...
- Arizona Child Custody -- Arizona Family Law Attorneys
Posted June 12, 2008, 4:21 am
Arizona Child Custody cases are governed by ARS Section 25-403 - "Custody; best interests of child".A. The court shall determine custody, either originally or on petition for modification, in accordance with the best interests of the child. The court shall consider all relevant factors, including: 1. The wishes of the child's parent or parents as to custody;2. The wishes of the child as to the custodian; 3. The interaction and interrelationship of the child with the child's parent or parents,...
- Arizona DUI Bill May Have New Life
Posted May 21, 2008, 3:21 pm
Luige del Puerto of the Arizona Capital Times is reporting that a proposed DUI Bill recently vetoed by Governor Janet Napolitano may have new life. The Arizona Capital times article states: Lawmakers said they have found a way to revive a vetoed drinking-and-driving bill, minus the provision that prompted its rejection by the governor. The provisions of H2395 will be offered as a floor amendment to a House measure that deals with liquor licensing, lawmakers said. H2395 was vetoed by Gov. Janet...
- Judge Suppresses Use of DUI Breath-Test Evidence
Posted May 20, 2008, 5:38 pm
Kim Smith of the Arizona Daily Star has reported that a Tucson City Court judge has ruled prosecutors cannot use the results of breath tests administered to 49 people scheduled to be tried before him on DUI charges. Her article states: If other judges agree with Judge Thomas Berning, prosecutors could find it hard to prosecute thousands of other DUI cases locally and statewide. "I'm optimistic the other judges will agree with Judge Berning. It's a well-written decision," said defense attorney...
- California Ban on Same-Sex Marriage Struck Down
Posted May 15, 2008, 2:51 pm
In a much-anticipated 4-3 ruling issued Thursday, the California Supreme Court struck down the state's ban on same-sex marriage as unconstitutional Gay couple John Lewis, left, and Stuart Gaffney celebrate outside the California Supreme Court on Thursday. The ruling clears the way for the state to become the second to legalize same-sex marriage. Several gay and lesbian couples -- along with the city of San Francisco and gay rights groups -- had sued, saying they were victims of unlawful...
- Four Dead in Pickup Truck Accident Carrying Illegal Immigrants
Posted April 27, 2008, 7:22 pm
A pickup truck crashed Sunday morning, April 27, killing four of its passengers. The vehicle was carrying as many as 60 people when it rolled over in a remote part of Arizona. Investigators believe that the people in the pickup truck were illegal immigrants. The truck was driving from 50 to 60 people and 20 to 30 people fled the scene of the accident into the desert. So far none of the passengers who fled have been found. So far there have not been any arrests made, but police officers are...
- Star Jones Files For Divorce
Posted April 23, 2008, 8:05 pm
NEW YORK (AP) -- Three years after tying the knot in a spectacular, over-the-top affair that caused some backlash, Star Jones has decided to end her marriage to banker Al Reynolds.Star Jones and Al Reynolds, here in 2006, married in late 2004.The 46-year-old TV personality quietly filed divorce papers March 26 in New York Supreme Court in Manhattan. The records are sealed, syndicated entertainment show "Entertainment Tonight" reported Wednesday. For more information on Arizona Divorce Lawyers,...
- What is a "Super" Extreme DUI?
Posted April 20, 2008, 10:08 am
The "Super" Extreme DUI is a relatively new creation by the Arizona State Legislature. The language of the statute does not actully refer to the word "super." Most attorneys have simply adopted this name because of the harsh "super" jail sentence that can result from a conviction of this law. To be convicted of this law a person must be proven to have been driving and have a blood alcohol concentration of .200 or above. The resulting jail term, which is only one of several penalties, is a...
- The Art & Science of Custody Evaluations
Posted April 19, 2008, 10:42 pm
If you are interested in learning more about custody evaluations, check out this book.If you need to see a Arizona custody lawyer, contact www.nrglaw.net for a complete analysis of your situation.
- Ex-Wife of Former Beatle Explains Dousing of Opposing Counsel
Posted April 11, 2008, 4:10 pm
LONDON, England (AP) -- The ex-wife of former Beatle Sir Paul McCartney said Friday that she snapped when she poured a jug of water over the head of her former husband's lawyer during their bitter divorce battle in Britain's courts. McCartney's lawyer Fiona Shackleton, left, pictured after Mills threw water over her.Heather Mills said she became angry when McCartney's lawyer Fiona Shackleton argued that full details of the case, including some related to their daughter, should be...
- Wife of Entertainment Mogul Simmons Files for Divorce
Posted March 27, 2008, 8:17 pm
LOS ANGELES, California (AP) -- Kimora Lee Simmons has already moved on, but she took steps to make it official by filing for divorce from her husband of seven years, entertainment mogul Russell Simmons.For information on Arizona divorce law, see NRG Family Law. Kimora Lee Simmons and Russell Simmons have been married for seven yearsAlthough the couple separated in March 2006, Kimora Lee Simmons just filed divorce papers Tuesday in Los Angeles Superior Court. The 32-year-old Baby Phat fashion...
- Challenging DUI Breath Testing: The Timing of the Pretest Deprivation Period
Posted March 25, 2008, 7:05 pm
Arizona law enforcement often uses breath-testing devices to determine the blood-alcohol concentration (BAC) of a person suspected of DUI. The Intoxilyzer 8000 is commonly used in Maricopa County. When a person is suspected of DUI, he is generally requested to blow twice into an Intoxilyzer; this is referred to as "duplicate breath testing." The Department of Public Safety (DPS) has issued regulations for duplicate breath testing, which it defines as "two consecutive breath tests that...
- FDA Warns of Salmonella Risk in Cantaloupes
Posted March 22, 2008, 2:38 pm
The FDA has put an import alert on cantaloupes from Agropecuaria Montelibano, a Honduran grower and packer, because the fruit may be associated with a Salmonella Litchfield outbreak in the United States and Canada. Cantaloupes shipped to the United States from this company are to be detained. Also, grocers and food providers are to remove the cantaloupes from this company from their stock. Consumers who have recently purchased cantaloupes should check to see who the grower and packer are. if...
- FDA Warns of Salmonella Risk in Cantaloupes
Posted March 22, 2008, 7:38 am
The FDA has put an import alert on cantaloupes from Agropecuaria Montelibano, a Honduran grower and packer, because the fruit may be associated with a Salmonella Litchfield outbreak in the United States and Canada. Cantaloupes shipped to the United States from this company are to be detained. Also, grocers and food providers are to remove the cantaloupes from this company from their stock. Consumers who have recently purchased cantaloupes should check to see who the grower and packer are. if...
- ARIZONA DUI LAWS PROHIBIT IMPAIRED DRIVING, NOT JUST "DRUNK DRIVING."
Posted March 5, 2008, 12:41 pm
It is commonly believed that "drunk driving" is the reason for a DUI charge. However, DUI stands for "driving under the influence" of alcohol or drugs. Under Arizona law, you do not have to be "drunk" to be convicted of DUI. Rather, the law requires only that your driving be impaired by alcohol; Arizona law provides that you cannot drive if your ability to do so is impaired to any degree. When you are arrested for DUI, you generally receive two types of charges. The first alleges that you were...