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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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How Long Can I Be Held in Custody by Law Enforcement?

How Long Can I Be Held in Custody by Law Enforcement?

In most cases, someone who is arrested will be taken into custody by law enforcement, processed into jail and then be formally charged with a crime before a judge during an arraignment hearing; but what happens if no formal charges are filed? Can the police hold you behind bars until they feel like taking action? How long do you have to wait before your case goes to trial? When should you involve a criminal defense attorney in your Arizona arrest case?

What Happens After an Arrest?

After an arrest, you are in a bit of a legal gray area. You have been taken into custody by law enforcement, but you have not been formally charged with a crime. As a result, you must remain in custody while awaiting charges for a period of time. If that time expires and you have not been charged, you must be released. While waiting, you will likely be brought before a magistrate judge who will determine your bail amount, if any. This differs from an arraignment in that, during an arraignment hearing, you are formally charged with a crime and are required to enter a plea. This is also when a trial date is set, and you will remain in jail until your trial.

If you are not charged within the hold period, you will not be arraigned, but a bail amount and the posting of bail may be required – see “how to post bail”. Once again, this is an area of legal limbo because you are still in jail while waiting to see what is going to happen, so you should contact your defense attorney as soon as possible after your arrest to ensure that you receive adequate representation from the start of the criminal justice process.

While Waiting in Jail:

  • Exercise your right against self-incrimination
  • Follow commands by law enforcement within legal boundaries
  • Contact your defense attorney
  • Know that you have not been formally charged with a crime until you have been arraigned

How Long Can You Be Held After an Arrest?

In Arizona, as well as in many other states, there is a limit of 48 hours after an arrest before formal charges have to be filed.

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Halloween East Valley DUI Task Force

David Cantor explains the East Valley DUI Task Force for Halloween:

Halloween East Valley DUI Task Force

Happy Halloween!  Tonight the East Valley DUI Task Force will be out in full force and pulling over anyone who has committed a minor traffic violation.  The East Valley DUI Task Force is best known for their Thanksgiving, July 4th and holiday DUI stops and arrests.  Halloween has become a party holiday where people dress up and go out to the bars rather than stay at home.  The East Valley DUI Task Force knows this and they saturate the streets and pull anyone over; especially near bars and areas full of night life.

If you are pulled over and had been drinking, you want to answer the same way as if you were being questioned for robbing a bank, “I am not going to answer any questions until I talk to my lawyer,” then call us 602-307-0808.  You want to provide as little evidence as possible and asking to speak to a lawyer will help you out tremendously.  Once you call us, we can advise you on whether to take any tests and what your next move should be.  If they don’t give you a phone call, we can get the case thrown out with the defense of “Denial of Right to Counsel“.  If they pulled you over on just a “hunch” we can get the case thrown out with “No Reasonable Suspicion to Stop”.

The safest way to not get pulled over is to not drive, take a cab and be safe.  We hope everyone has a fun and safe night!

If this situation applies to you, a family member or loved one, fill out a form on our website or call us at (602) 307-0808 to set up an appointment. It doesn’t cost you anything, but it takes about 30 minutes of your time, and hopefully we’ll be able to find a way out of this for you.

Be sure to check out our DUI case victories.  When interviewing lawyers make sure and ask them for recent case results for this crime.


How Soon After I Suffer a Personal Injury Do I Have to File a Claim?

After going through an accident that ends up with injuries, the victim will never know the full extent of their damages until some time has passed after the accident. Even if a person believes that their injury was minor, they could suffer pain for months to come and develop greater injuries as a result of the accident.

So, how will the victim know how much to claim for if they do not know the severity of their injuries? What do they do? Do they file the claim without learning just how badly they were injured? Or do they wait and risk the statute of limitations deadline? What should the victim do if they are still in the healing process? The best personal injury attorneys in Miami, FL can help the victim with what they need to do and what is the best thing that needs to be done in regards to their case.

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What Are the Top Five Mental Health Disorders That Are Misdiagnosed?

Many people might find it difficult to go seek help for a mental disorder that they may have. Obtaining a diagnosis is the first step in receiving treatment. Going to a physician’s office may be the first step, but not the last. Sometimes, mental disorders will be misdiagnosed for other similar conditions. Misdiagnosis occurs in almost every medical setting. There are no specific statistics about the number of mental disorders that go undiagnosed, but it happens.

Misdiagnosing a medical condition can make a person suffer a great harm. A mental disorder is something that needs to be taken care of immediately. Some mental disorders can create a person certain thoughts that may even lead to their death. The medical malpractice litigators know the disastrous effects that a misdiagnosis can have on a patient and are here to serve those in Orlando who suffered an injury as a result.

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Important Witnesses That May Be Needed in Personal Injury Cases

Important Witnesses That May Be Needed in Personal Injury Cases

Most people who seek a personal injury claim do not know the aspects that are going to be associated with their case. There are a variety of things that need to be performed and gathered to be able to help a victim’s case in proving negligence in a wrongful death or personal injury.

The success of a claim can depend on these following elements:

  • Proof: that the victim has shown how they sustained their injuries from the specific accident
  • Damages: that the victim endured as a result of their injuries
  • Evidence: that the victim has gathered for their case
  • Liability: who was to blame for the accident?
  • Witnesses: Was there anyone present during the time of the accident that can backup the plaintiffs claim? This is a crucial element because it can serve as a means of supporting the victims claim with their testimonies.

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DM Cantor

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