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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

…Click Here to Read the Full Article


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.

…Click Here to Read the Full Article


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.

…Click Here to Read the Full Article


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.

…Click Here to Read the Full Article


Stopped at a Phoenix DUI Task Force Checkpoint

Stopped at a Phoenix DUI Task Force Checkpoint

What is the Arizona DUI task force?

The Arizona Governor’s Office of Highway Safety (GOHS) strives to prevent motorists from driving while impaired or intoxicated. AZGOHS awards grant funds to local law enforcement agencies, fire departments, and nonprofit organizations to reduce alcohol-related accidents, injuries, and fatalities. Funds are awarded based on the need for the project as determined by the ratio of the number of alcohol-related accidents and deaths to the total number of accidents and fatalities in the geographic area. The Phoenix, Arizona, Department of Public Safety (#AZDPS) DUI task force is a multi-agency effort with federal, state, and local law enforcement.

Despite the efforts of the Phoenix, Arizona, DUI task force to increase their presence on the highways, Phoenix parents still tried to drive under the influence of drugs and alcohol over the 2018 Halloween holiday. A 41-year-old woman taking six children under the age of 10 trick or treating in her SUV careened off the road and into a ditch at 8:30 P.M. on Wednesday evening. Her speech was slurred, and she reeked of alcohol when police arrived at the scene. Her blood-alcohol was twice the legal limit. She faces five counts of aggravated DUI, and she was drinking from an open container. Of course, she lost custody of the kids. In another incidence, a Phoenix police officer was injured when a vehicle rolled over onto him early Sunday at 27th Avenue and Camelback Road. The driver, charged with driving under the influence, was in possession of controlled substances at the time of his arrest.

What is a First DUI Arrest?

A first DUI arrest is not the end of the world, but you will do at least minimal jail time, pay a fine, and loss of your driving privileges. Your car insurance premiums will drastically increase when you get driver’s license back. When you get pulled over for driving under the influence of drugs or alcohol, you will be offered an opportunity to prove your innocence. The officer will decide what test of sobriety to provide you with. The officer may request that you get out of the car and walk in a straight line. If you refuse the test, your driver’s license will be suspended immediately.

How Can I Get My DUI Charges Reduced?

If you endangered children or injured others while driving under the influence of drugs or alcohol, you’ll face serious criminal charges. If your first DUI arrest involves an accident, our Phoenix DUI lawyer may be able to get your bail or charges reduced. Our lawyers can represent you in criminal court, traffic court, and civil court to try to salvage your rights and your freedom so you can return to work and your family or friends. Our criminal defense attorney can represent you in:

  • Criminal court
  • Drug court
  • Traffic agency hearings
  • DHS agency hearings
  • Civil litigation

…Click Here to Read the Full Article


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.


AP Interviews Criminal Defense Attorney David Michael Cantor Regarding Kavanaugh Case

Rachel Mitchell - AP News

Article Provided by: AP News
Date: 9/26/18

PHOENIX (AP) — A sex-crimes prosecutor tapped by Senate Republicans to question Supreme Court nominee Brett Kavanaugh about allegations of sexual assault could have a tough time in such a contentious political environment, Arizona attorneys who know her said Wednesday.

But her boss says Rachel Mitchell is a hard-hitting attorney who is used to handling high-profile cases and is one of the few prosecutors in the country with a deep understanding of working with sexual abuse victims.

Mitchell, a Republican, was expected to question Kavanaugh and the first woman to accuse him of sexual misconduct at a Senate Judiciary Committee hearing Thursday. Christine Blasey Ford’s allegation that Kavanaugh drunkenly assaulted her when they were teenagers has raised a political storm in the #MeToo era, and the GOP’s all-male presence on the panel made some want a woman to question Ford.

Mitchell is chief of the Special Victims Division in the Maricopa County attorney’s office in Phoenix. She supervises attorneys who handle cases involving child molestation, sexual assault and computer crimes against children in Arizona’s most populous county.

…Click Here to Read the Full Article


Arizona First Offense Misdemeanor DUI Penalties

When charged with a first offense DUI in Arizona, there are a couple of things that the state must take into account. The age, blood alcohol content (BAC) and the type of driver’s license are all factors to consider when charging someone with a DUI.

Other First Offense DUI Related Links: 1st Offense Extreme DUI, 1st Offense Super Extreme DUI, 1st Offense Aggravated Felony DUI, All Arizona DUI Laws.

Watch this short video about the First Offense DUI Penalties in Arizona:

First Offense DUI in Arizona

For one, if the offender is under 21 years of age, it does not matter what their BAC is. They will get charged with anything above a 0.00 BAC. The repercussions are not as harsh if the offender is under 18, but a repeat offender may be charged as an adult. If the driver is 21 years of age or older; then the BAC is taken into account during the arrest. If their BAC is equal to or exceeds .08, then they are charged with a DUI, or they can be charged if they are below .08 and are impaired by either alcohol or drugs. If the offender has a commercial driver’s license (CDL), then the provisions are a bit stricter. If a CDL driver’s BAC exceeds .04, then they can be charged with a DUI and harsher sanctions.

In Arizona, a person can be charged with a DUI, if they have a BAC between .08 and .149, or if they display overt signs of being under the influence. It is also possible to be charged with a DUI, if the police find the offender parked in their car with a BAC between .08 and .149 and their engine is running.

Penalties for First DUI in Arizona

A first offense DUI is classified as a Class 1 misdemeanor in the state of Arizona. In order to qualify for a first time offense DUI in Arizona, one must not have any prior DUI arrests within the past 7 years. If the DUI resulted in an accident that engendered the death of another individual, the offender cannot qualify for first time offense sanctions.

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The minimum jail sentence for someone charged with a first time offense DUI is 10 days, but most people will end up spending 24 hours in a jail cell and additional time in an alcohol screening program.

Fines will be another unwanted sanction for those charged with a first offense DUI. Fines and fees include:

  • A base fine, surcharges and assessments totaling: $1,537
  • Jail Cost for one day: $130
  • Alcohol Screening: $50
  • 16 – 36 Alcohol Classes: $135 – $585 total
  • One Year Ignition Interlock Device: $1,000 – $1,200
  • SR-22 Car Insurance Policy: $500 per year for 3 years = $1,500
  • Car Insurance Rate Increases: $3,000 per year for 3 years = $9,000

Grand Total: $14,002 (with car insurance) or $3,502 (without car insurance)

Once the offender submits to a chemical test, the driver will receive a 90-day driver’s license suspension. At the end of the suspension, offenders will have to install an ignition interlock devise (IID) at an official IID installation center. Finally, offenders may be required to take a state approved traffic school course to fulfill their sanctions.

Do I Need to Hire a DUI Lawyer?

A lot of people call our offices and ask, do I need to hire a DUI lawyer for my first DUI arrest? Did you read the penalties above? Do you want to deal with the consequences of a DUI conviction, first arrest or otherwise? Do you know the DUI defense strategies that work? Yes, you should hire an aggressive DUI lawyer to represent you in court. Our team of DUI defense lawyers know all of the best DUI defense strategies and we have years of experience working in the courts across the State of Arizona. If you are facing a First Offense DUI charge in Arizona, please call DM Cantor at (602) 307-0808 to get a Free Case Review, or click the ‘Contact Us’ link on this page and send us an email and we’ll call you back to schedule an appointment.

We’re very good at what we do, please take a few minutes to read through our DUI Case Victories. Click the following link for more information regarding the different charges for DUI  in Arizona.

 

 


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