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Can You Get a DUI While Driving an ATV / Quad in Arizona?

Can You Get a DUI While Driving an ATV / Quad in Arizona?

Drunk driving is one of the top concerns among law enforcement, both in Arizona and in other states. Driving under the influence of alcohol has the ability to cause accidents, injuries and may even lead to death. In addition, drunk driving penalties can cost a lot of money in court if you’re found guilty. You may also be required to attend and pay for alcohol education classes, commit to community service or serve time in jail depending on the circumstances of your case.

As a result, it is recommended that you never operate a vehicle while under the influence of alcohol. Unfortunately, some people misunderstand the law when it comes to operating a vehicle while after drinking. Truthfully, it can be difficult to know when you’re over the limit without a variety of scientific tests. It is important to remember that everyone processes alcohol in different ways. In most cases, DUI charges (see: Arizona Revised Statute ARS 28-1381) are brought against people who are stopped for driving a car, truck or other common on-road vehicle. The question is, can you be charged with a DUI while operating an off-road vehicle?

Can You Get a DUI on an ATV in Arizona?

The answer is: Yes. Like in other states, AZ DUI laws state that a motorized vehicle is one that uses a mechanized engine for power. This means that you can’t be charged with a DUI while on a bike, skateboard, horse or other modes of transportation that don’t require an engine. You can, however, be charged with a DUI while operating an ATV or quad because these are classified as motorized vehicles. ATVs are treated the same as cars and other on-road vehicles. Furthermore, you can be arrested for a DUI on an ATV while off a commercial roadway, but unless you are egregious in your driving, you likely won’t be stopped on your own property.

Understanding Arizona DUI Laws

  • You can be arrested for DUI on an off-road vehicle
  • A vehicle must be operated by a mechanized engine to be considered motorized
  • Never drink and drive
  • Remain silent if arrested to avoid self-incrimination

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What is Considered Aggravated Assault in Arizona?

What is Considered Aggravated Assault in Arizona?

A person may be charged with aggravated assault in Arizona if they have an altercation with another person. If you or a loved one has been charged with this crime or you’re concerned about being charged and you want to know more, you may find the following information helpful. You need to learn what assault means, how aggravated assault differs and the penalties that go along with the charge if you are convicted.

What is the Definition of Assault?

According to the Arizona Revised Statute, assault (see: ARS 13-1203) happens when someone attacks another person with the intent to do harm. Even someone who attempts to harm another person but doesn’t succeed could be charged with assault. This may be a misdemeanor or it can be upgraded to a felony charge, which has more serious repercussions.

Someone may be charged with assault whether they attacked the other person or both people were mutually fighting. The attacker may not have touched the other person, but they fear being attacked because of the person’s behavior.

An example of assault that doesn’t involve physical violence would be the following: Bill and Joe meet on the street and Bill lifts his hand in a fist as if he’s about to hit Joe. He yells, “I’m going to get you for what you did.” He could be charged with assault even though he hadn’t touched Joe, but the threat was real. Joe was frightened by the raised fist. If there had been no behavior or words, a charge of assault could not have been made even if Joe was afraid of Bill. It is the action of the person that makes the charge, not the reaction of the potential victim.

What Makes Assault Aggravated?

An assault may be labeled as aggravated for a few reasons. If there is an extenuating factor such as a weapon, it may be called aggravated assault (see: ARS 13-1204). Another factor that would turn an assault into something more is the relationship between the two people.

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What to do if You Are Arrested for a Felony in Arizona

What to do if You Are Arrested for a Felony in Arizona

If you have been arrested in Arizona for a felony charge, it is vital that you understand your rights. A felony conviction can have significant consequences and may result in revocation of certain rights. Rights such as the right to vote and to possess a firearm. Because of this, you should be mindful of your rights and should contact an Arizona defense attorney as soon as possible.

What are some of Your Rights after you are Arrested for a Felony?

After you are placed under arrest for a felony offense, you have certain constitutional rights that are intended to protect your interests. These rights include the following:

The right to remain silent

  • The right to remain silent: After you are arrested, you are under no obligation to speak with law enforcement about the event. Police officers are often well-trained in interrogation tactics and will seek to obtain information that could be used against you in court. The prosecution frequently relies upon admissions made by defendants or inferences that can be drawn from statements that are made. To protect yourself and to limit disclosure of information, you should exercise your right to remain silent, at least until such time that you have legal representation present.

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Arizona Wrongful Death Lawyer – What is a Lawsuit against Wrongful Death

Wrongful Death Lawsuits

While we do not want to believe it was ever our loved one’s time to go, a wrongful death case implies there was negligence or intentional harm that resulted in the death of a family member. In a wrongful death lawsuit, a representative of the estate of the deceased, or a statutory beneficiary files a civil lawsuit against the defendant, claiming that as a result of their negligence, they wrongfully killed a loved one, or in some cases, the defendant caused intentional harm that resulted in death. As David Cantor from Cantor Injury Lawyers, a highly experienced Phoenix car accident attorney and wrongful death attorney mentions, one unfortunate example of a wrongful death could be the result of a motor vehicle accident.

Understanding if your loved one suffered a wrongful death can be a confusing and complicated process. Because of the complexity of the issue,  each Arizona wrongful death lawyer at Cantor Injury Lawyers can explain what constitutes a wrongful death case and make things a little easier.

When do Wrongful Death Lawsuits Happen?
The most common wrongful death lawsuits come in the form of medical malpractice lawsuits or accident fatalities. It is important to remember that a wrongful death lawsuit is a civil matter, not a criminal one.

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New Evidence Leads to Dismissal of Child Sex Abuse Charges

With trial scheduled to begin only nine days later, charges of child sex abuse against Robert Koenig, 63, were dismissed at the prosecution’s request, motivated by the discovery of new evidence following Mr. Koenig’s indictment some six months earlier.

Mr. Koenig faced two counts of gross sexual imposition and one count of rape under that indictment. Those charges stemmed from Koenig’s role as a foster parent, a role he and his wife had shared for five years by the time Mr. Koenig was first charged.

When it learned of the abuse allegations, the official licensing agency, Lucas County Children Services, began the process of removing the Koenigs from the foster care program. The Koenigs, however, withdrew voluntarily before that removal process was completed.

Robert Koenig - Public PhotoMr. Koenig had been a teacher for the Toledo Public Schools from 1975 to 2010, spending most of his career in middle schools. He worked as a substitute teacher in that school system for three years until his retirement in 2013.

According to Frank Spryszak, the assistant county prosecutor who sought the dismissal, his action was driven by the discovery of new evidence “that put us in a position that we no longer felt that we had sufficient evidence to proceed to trial.”

Lorin Zaner, the attorney defending Mr. Koenig, describes himself as a leading child sexual conduct with a minor lawyer with a particular interest in false abuse allegations. He said that the dismissal came as a great relief to his client. “We had the documentation to show that there’s no way our guy could’ve done what they said,” he said.

At the same time, he called attention to the negative consequences of the allegations for Mr. and Mrs. Koenig, a state of affairs that may be familiar to him as a sex crimes lawyer. “They truly had a desire to help children. To be in a position of being falsely accused because you put yourself out there to help children is a tragedy because these are good people. Their names are drug through the mud. Why do you want to put yourself in that position? It’s terrible.”

Mr. Koenig had pleaded not guilty to the charges, and he had been released on $300,000 bond after appearing before Court of Common Pleas Judge Ruth Ann Franks, the same judge who later heard the prosecution’s request to dismiss all charges.

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Bad Service America: Diner for Schmucks


Today’s topic starts with an article in the current issue of GQ and food critic Alan Richman’s latest review. The title and opening illustration give you a hint that this review is not going to be a good one. Alan describes going to M. Wells on a few occasions. the first two were unannounced and simply to eat. By the third visit he had spoken with the owners to get an offsite interview and let them know he had already made plans to dine there in a few days. The food part of the review is pretty fair and would probably tempt a number of people to go for dinner. Then Alan’s story takes a turn for the worse. The service takes an already ho-hum reputation and nose dives into what one of his compatriots describes as “the worst restaurant experience I’ve ever had.”

In the review Alan comments about how the waitstaff was innatentive and careless. This has unfortunately become a bit of the norm in the US dining establishments and the workplace in general. At the third dinner they wait 45 minutes and finally wave down another waitress who seemed less than happy to be taking their order. He leaves and gets an email the next day from the co-owner blaming him for having a bad dining experience and then the fireworks go off: he is accused of sexual assaulting the waitress. Needless to say Alan is pretty shocked and replies back asking to meet his accuser.

The article is really well written and we recommend picking up the latest issue and reading it for yourself.
In David’s video his recaps these events but then goes a little further regarding the poor service and some of Alan’s thoughts on the “Too Cool to Care” attitude. The hipster mentality may be going too far or too ironically for many of Americans to appreciate any longer.
What do you think?


Penalties for DUI, DWI, Extreme DUI in Phoenix, AZ

A DWI or DUI in Phoenix conviction has lifelong consequences. This article will discuss the possible punishments and penalties for DUI, DWI and Extreme DUI in Phoenix. It will discuss the mandatory minimums of jail time as well as fines and other penalties associated with first offense misdemeanor DUI, DWI, Extreme DUI and Super Extreme DUI in Phoenix.

First offense misdemeanor:
Regular DWI or DUI in Phoenix – The penalties for a first conviction of non-extreme DWI or DUI in Phoenix are: a mandatory minimum of 10 days in jail – 9 days can be suspended only upon completion of mandatory attendance at alcohol screening (approximately $200); any recommended classes (approximately $400); and a minimum fine and surcharge of approximately $2100.00. The maximum can be six (6) months’ jail. In addition, the Court now must order one year of a mandatory breath test interlock device being attached to your steering wheel, which requires you to blow into the device every time you start your car. In addition, you must then continue to blow into the device every 15 minutes to keep your car’s ignition on! Lastly, if the court chooses, they can order “more than twelve months” of an interlock device in severe cases. For more information on first offense DUI in Arizona, click here.

Extreme DUI in Phoenix.15% and above BAC; first offense mandatory minimum 30 days jail and no days can be suspended; this means you must serve all 30 days in jail – day for day; a $2500.00 fine and alcohol classes double; one year of a mandatory breath test interlock device being attached to your steering wheel after all suspensions are completed (at a cost of $1500). Once you start your car, you must then continue to blow into the device every 15 minutes to keep your car’s ignition on! Lastly, a judge may order a person convicted of Extreme DUI in Phoenix not to consume alcohol for a period of thirty days or more by requiring them to wear a continuous alcohol monitoring device on their ankle, or blowing twice daily into a telephonic breath testing device. The court, in its discretion, may also extend this period of continuous alcohol monitoring.

Super Extreme DUI in Phoenix.20% and above BAC; first offense mandatory minimum 45 days in jail and no days can be suspended. This means you must serve all 45 days in jail-day-for-day!; a $2500.00 fine and alcohol classes (presumably at least 36); 18 months of mandatory breath test interlock device being attached to your steering wheel after all suspensions are completed (at a cost of over $2000.00). Once you start the car with the device, you must then continue to blow into the device every 15 minutes in order to keep your car’s ignition on! Lastly, the judge can order you to not consume alcohol for a period of ninety days or more and require you to wear a continuous alcohol monitoring device on your ankle, or blow into a telephonic breath testing device twice a day.

There are harsh penalties associated with DUI, DWI and Extreme DUI in Phoenix charges. However, there are many defenses to DUI, DWI and Extreme DUI in Phoenix charges and depending on the facts surrounding the individual case – Dismissal or Acquittal is possible. Click the following link to view a sampling of our DUI case victories.

If you would like to speak with a DUI Lawyer about a case in Arizona, please give our offices a call at (602) 0307-0808 to schedule a free consultation.


DUI Arizona: The Difference between a DUI, DWI and an Extreme DUI

Both DWI and DUI in Arizona charges are equally serious and carry matching punishments. Extreme DUI In Arizona carries a much more severe penalty. Arizona usually files two or three charges:

  • DUI (A.R.S. §28-1381 (A)(1)) Driving Under the Influence of intoxicating liquor (or drugs).
  • DWI (A.R.S. §28-1381 (A)(2)) Driving with a Blood Alcohol Content (BAC) of 0.08% or greater within two hours of driving.
  • EXTREME DWI (A.R.S. §28-1382) Driving with a Blood Alcohol Content (BAC) of 0.15% or greater within two hours of driving.
  • SUPER EXTREME DWI (A.R.S. §28-1382(D)(1)) Driving with a Blood Alcohol Concentration of 0.20% or greater within two hours of driving.

The key to defending against the charges of DUI in Arizona is knowing the difference between these three. If you would like a free DUI case consultation, call our offices 24 hours a day (602) 307-0808.

The DUI in Arizona charge, by itself, does not require a breath reading. It deals with suspicion of driving while under the influence, according to the manner of driving, physical and mental symptoms of impairment, or verbal admissions.

The DWI charge in Arizona does not require that the accused have a BAC of .08% or greater “at the time of driving”. Many defendants plead guilty if their breath or blood test is above a .08% (or .15% if Extreme DWI, or .20% if Super Extreme DWI). The ordinary citizen does not realize the test results only show their BAC at the time they were tested and NOT at the time they were actually behind the wheel. As one of the dui defenses in Arizona we note that there is a way to mathematically calculate what your true BAC level was “at the time of driving”. This math formula is known as a “retrograde extrapolation”. If your BAC is found to be below a .08% (or .15% if Extreme DWI, or .20% if Super Extreme DWI) “at the time of driving”, this is a possible defense.

The Extreme DWI charge is the same as the DWI charge except it requires the BAC to be .15% or greater. The punishment for Extreme DWI is 10 times more jail time than a regular first offense DUI or DWI.

The Super Extreme DWI charge is the same as the DWI and Extreme DWI charges except it requires the BAC to be .20% or greater. The punishment for Super Extreme DWI is 45 times more jail time than a regular first offense DUI in Arizona or DWI. This is true even if it is your first DUI offense ever!

By citing drivers under two or three laws, DUI in Arizona (A.R.S. §28-1381 (A)(1)), DWI (A.R.S. §28-1381(A)(2)-[BAC of .08% or higher]), and Extreme or Super Extreme DWI (A.R.S. §28-1382, if applicable) the State gets multiple chances to convict. If convicted of one or both DUI or DWI, the punishment is the same. If convicted of Extreme DWI or Super Extreme DWI, the punishment is much more severe (See the Possible Punishments section).

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Legal Update on DUI, DWI, Extreme DUI in Arizona
As of 7/17/00 the Legislature passed a law stating that this is only a defense to the DUI in Arizona charge, not the DWI or the Extreme DWI charges. However, Arizona DUI lawyers are currently challenging this change in the law as unconstitutional. This has already been successfully reversed in Delaware and Pennsylvania.


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