Did you know you can get a DUI in Arizona without even being intoxicated, or not having had any alcohol whatsoever? Well, it's true. In the past year, Phoenix, Arizona has seen a spike in DUI charges and the majority of those DUI's stem from the use of prescription medication. You can be charged with a DUI if a police officer believes you are "impaired to the slightest degree" and that includes being under the influence of prescription medication. The State of Arizona imposes stiff penalties for any kind of DUI, regardless of whether or not it is related to alcohol or medication, including over the counter.
According to recent news, Arizona arrests surged 375% in 2009 compared to 2001 due to DUI charges directly linked to prescription medications legally prescribed by a physician, such as anti-anxiety medication and other medications used to treat anxiety, insomnia, or even muscle pain. Arrests can happen even if you are driving impaired from the use of over the counter non-prescription medication. If a law enforcement officer stops you and suspects that you of driving impaired, you will be subject to submit a blood or urine sample for toxicology testing. If the results come back positive, you will be charged with a DUI. The extent of severity of the DUI will be based on the level of substance found in your system, according to the results of the toxicology report.
Consequences can include fines, fees, and surcharges, and even jail time. For example, Arizona DUI laws specifically state that anyone arrested for a DUI must serve at a mandatory 24 hours in jail if convicted of any Arizona DUI charge. This can increase to 30 days for an extreme Arizona DUI, and 45 days for a Super Extreme Arizona DUI. The maximum jail sentence for any misdemeanor Arizona DUI is 180 days.
This can easily happen to anyone, at anytime, or anywhere. So if you have taken any prescription or over the counter medications that can potentially impair your ability to drive, you are much better off not getting behind the wheel and instead, getting a ride from a friend or family member, or call a taxi cab. You, as well as everyone else, will be much safer on the road.
Avoid a criminal record, do not drive while impaired, by alcohol, prescription drugs or otherwise. However, if you do find yourself charged with an Arizona DUI, immediately consult with an Arizona DUI or criminal defense attorney.
Phoenix DUI Laws - Arizona DUI Laws - Phoenix DUI Lawyers
source: ADPS - Arizona Department of Public Safety
Friday, July 2, 2010
Friday, May 28, 2010
How To Check To See If You Have A Warrant For Your Arrest
Do you know how to check to see if you may have a warrant out for your arrest?
Do you know if you may have any outstanding warrants for your arrest? There are many different reasons ordinary law abiding citizens have outstanding warrants out for their arrest and don't even know it. If by chance you may have a warrant out for your arrest and don't take care of it by getting it quashed, the consequences can be very undesirable. By ignoring them, it could be quite costly when they eventually catch up to you because you will be placed under arrest, and if it is for a failure to appear in court, the Judge may not release you on your own recognizance, but instead require you post a bond in a high amount. So, what are some of the most common reasons people can get a warrant for their arrest?
It may be that you accidentally forget to appear in court for a traffic ticket. You may have forgot to pay a fine on a traffic ticket you received. Perhaps there was a simple clerical error at the courthouse, in which it shows you did not pay a fine or show up in court when you actually did. You could even be a suspect for a crime and
even if you are innocent, police have suspects they want to question and if they cannot find you at your last known address, they will issue a warrant for your arrest in hopes of finding you during a routine traffic stop.
To find out whether or not you have a warrant for your arrest, here are some suggeations:
Call the police department in the city of which you may suspect you have a warrant.
Tell the dispatcher that you want to come and turn yourself in on a warrant, and need to know what the amount of the bond is so that you can bring this money with you and post it once you turn yourself in. They will ask your full name and date of birth and if you don't have a warrant they will say, "I'm sorry, I don't show you have any warrants, are you sure the warrant is out of this city?" Or something to that effect. Now you know you don't have a warrant, but if you do, they will say something like, "yes, the warrant is active and the bond amount is $XXX" (it would be a good idea to get that money together asap and go turn yourself in to clear it up, rather than wait until an inconvenient time when the police happen to cross paths with you whether during a routine traffic stop or otherwise, and just pluck you off of the street and take you to jail) However, just because you told the dispatcher you were going to turn yourself in, doesn't mean you have to go in and do it that day. I don't advise flagging down a cop and asking him, because if a warrant comes back confirmed, he will definitly arrest you on the spot and take you into custody.
Call The City/County Courthouse you suspect you have a warrant out of
If you suspect there is a warrant out for your arrest and you know what city it was issued out of, then call the city/county courthouse and ask the clerk of the court. They will be able to tell if a warrant has been issued and how to go about taking care of it and getting it quashed. Usually they will tell you to come into the court and be seen by the Judge on a walk-in self surrender calendar, and because you have initiated taking care of it, they won't take you into custody. The Judge will quash the warrant and reset a new court date for you to come in and take care of the original matter that got you the warrant in the first place. Be sure and keep this new court date, otherwise another warrant will be issued, and this time the judge may not be so understanding.
Check Online
You can check most courthouses online. They usually have access to public court cases and will sometimes provide this information. If not, then you can now find out if you have a warrant through some background checking agencies. Just do a simple google search with the keywords "Background check online"
If you ignore the possibility that you may have a warrant out for your arrest, and it turns out that you do, it will eventually catch up to you, don't take the risk, find out if you have a warrant and get it taken care of. If it's a serious charge, consider contacting a criminal defense attorney to consult with before turning yourself in or going to court.
Do you know if you may have any outstanding warrants for your arrest? There are many different reasons ordinary law abiding citizens have outstanding warrants out for their arrest and don't even know it. If by chance you may have a warrant out for your arrest and don't take care of it by getting it quashed, the consequences can be very undesirable. By ignoring them, it could be quite costly when they eventually catch up to you because you will be placed under arrest, and if it is for a failure to appear in court, the Judge may not release you on your own recognizance, but instead require you post a bond in a high amount. So, what are some of the most common reasons people can get a warrant for their arrest?
It may be that you accidentally forget to appear in court for a traffic ticket. You may have forgot to pay a fine on a traffic ticket you received. Perhaps there was a simple clerical error at the courthouse, in which it shows you did not pay a fine or show up in court when you actually did. You could even be a suspect for a crime and
even if you are innocent, police have suspects they want to question and if they cannot find you at your last known address, they will issue a warrant for your arrest in hopes of finding you during a routine traffic stop.
To find out whether or not you have a warrant for your arrest, here are some suggeations:
Call the police department in the city of which you may suspect you have a warrant.
Tell the dispatcher that you want to come and turn yourself in on a warrant, and need to know what the amount of the bond is so that you can bring this money with you and post it once you turn yourself in. They will ask your full name and date of birth and if you don't have a warrant they will say, "I'm sorry, I don't show you have any warrants, are you sure the warrant is out of this city?" Or something to that effect. Now you know you don't have a warrant, but if you do, they will say something like, "yes, the warrant is active and the bond amount is $XXX" (it would be a good idea to get that money together asap and go turn yourself in to clear it up, rather than wait until an inconvenient time when the police happen to cross paths with you whether during a routine traffic stop or otherwise, and just pluck you off of the street and take you to jail) However, just because you told the dispatcher you were going to turn yourself in, doesn't mean you have to go in and do it that day. I don't advise flagging down a cop and asking him, because if a warrant comes back confirmed, he will definitly arrest you on the spot and take you into custody.
Call The City/County Courthouse you suspect you have a warrant out of
If you suspect there is a warrant out for your arrest and you know what city it was issued out of, then call the city/county courthouse and ask the clerk of the court. They will be able to tell if a warrant has been issued and how to go about taking care of it and getting it quashed. Usually they will tell you to come into the court and be seen by the Judge on a walk-in self surrender calendar, and because you have initiated taking care of it, they won't take you into custody. The Judge will quash the warrant and reset a new court date for you to come in and take care of the original matter that got you the warrant in the first place. Be sure and keep this new court date, otherwise another warrant will be issued, and this time the judge may not be so understanding.
Check Online
You can check most courthouses online. They usually have access to public court cases and will sometimes provide this information. If not, then you can now find out if you have a warrant through some background checking agencies. Just do a simple google search with the keywords "Background check online"
If you ignore the possibility that you may have a warrant out for your arrest, and it turns out that you do, it will eventually catch up to you, don't take the risk, find out if you have a warrant and get it taken care of. If it's a serious charge, consider contacting a criminal defense attorney to consult with before turning yourself in or going to court.
Saturday, May 15, 2010
Facing a DUI conviction in Arizona? Here are the Arizona Sentencing Guidlines for DUI's
Arizona's Sentencing Guidelines
Under Arizona State Law, the court has less of a discretion when sentencing defendants for DUI's more than any other crime. Statutorily defined criteria for sentencing guidlines must be strictly followed, and judges may, at many times simply look at the statute when handing down your sentence. However; while there are mitigating and aggravating circumastances that they take into consideration, the sentences given for DUI's are the product of the state legislature. Below is the
formula/guidlines for such product:
* 1st DUI: 10 days in jail(consecutive), a fine, an automatic 90 day driver's license suspension, a chemical dependency assessment, counseling (if recommended) and (possibly) probation.
* 2nd DUI: 90 consecutive days in jail, a fine, revocation of your license for 1 year, counseling (if recommended) mandatory installation of ignition interlock device, and (possibly) probation.
* 1st Extreme DUI: 30 days in jail (consecutive), a fine, revocation of your driver's license for 90 days, counseling (if recommended), mandatory installation of ignition interlock device, and (possibly) probation.
* 2nd Extreme DUI: 120 days in jail, (with 60 of those days being served consecutivly), a fine, 1 year driver's license revocation, counseling (if recommended),mandatory installation of an ignition interlock device, and (possibly) probation.
* Felony DUI: A mandatory minimum of 4 months in prison before being eligible for parole/probation, any fines, automatic driver's license revocation for a period of 3 years, up to 5 years probation, substance abuse treatment (if recommended) and a possible vehicle forfeiture(State repo).
Wednesday, May 12, 2010
Arizona: Turning Everyday Citizens into Criminals...
Being convicted of a crime in the state of Arizona carries severe penalties. The state prosecutes to the fullest extent of the law on all criminal convictions, no matter how minor they may be. Many people have been sent to prison and had their lives ruined simply because they were charged on a legality, not a technicality, which means, they weren't "technically" comitting the alleged crime, but the law enforcement officer found a way to "legally" charge them with it. This REALLY does happen, more than you can ever imagine. The Sheriff and the County Attorney are ruthless in their pursuit for justice, all part of a polictal ploy to secure the election in their favor.
It's a scary shame to realize that these men don't care if they prosecute and convict an innocent person just as long as the records show they practice zero tolerance on crime, enforcing mandatory minimums on sentencing, because it leads Arizona residents to believe they are doing their job. Let's hope none of these people ever have a family member wind up incarcerated in Arizona, because they will quickly find out that the very men they have supported all this time, are the same men who have locked up their loved one, while ripping their lives apart. Arizona is a crime trap and turns ordinary law-abiding citizens into criminals. It is important for you to educate and familiarize yourself on Arizona Law if you ever plan on moving to the state or even just planning to visit. Trust me, you need to know your rights should you ever find yourself in a tight grip/choke hold by the long arm of the Arizona law.
There is a book written by Dan Horne, a man who fell victim to the system in Arizona, who writes about it in his book. I suggest anyone having anything to do with the state of Arizona, read this book or at least some excerpts from it. It is properly entitled, "Accidental Felon" http://www.accidentalfelons.com/ It is a shocking display of human abuse inflicted upon those in custody with the Maricopa County Jail System and the horrific abuse of political power by the men who run this jail and the entire Arizonal criminal system.
"You're not caught-up in the system... You're being GRINDED into it"
-Judge Clayton Hamblen, Justice of The Peace
West Mesa Justice Court. Mesa, Arizona
"Arizona.... Arrive for Vacation, Leave on Probation...
Return with a Violation, Incarcerated by Revocation."
-Out of State Visitors on Vacation
It's a scary shame to realize that these men don't care if they prosecute and convict an innocent person just as long as the records show they practice zero tolerance on crime, enforcing mandatory minimums on sentencing, because it leads Arizona residents to believe they are doing their job. Let's hope none of these people ever have a family member wind up incarcerated in Arizona, because they will quickly find out that the very men they have supported all this time, are the same men who have locked up their loved one, while ripping their lives apart. Arizona is a crime trap and turns ordinary law-abiding citizens into criminals. It is important for you to educate and familiarize yourself on Arizona Law if you ever plan on moving to the state or even just planning to visit. Trust me, you need to know your rights should you ever find yourself in a tight grip/choke hold by the long arm of the Arizona law.
There is a book written by Dan Horne, a man who fell victim to the system in Arizona, who writes about it in his book. I suggest anyone having anything to do with the state of Arizona, read this book or at least some excerpts from it. It is properly entitled, "Accidental Felon" http://www.accidentalfelons.com/ It is a shocking display of human abuse inflicted upon those in custody with the Maricopa County Jail System and the horrific abuse of political power by the men who run this jail and the entire Arizonal criminal system.
"You're not caught-up in the system... You're being GRINDED into it"
-Judge Clayton Hamblen, Justice of The Peace
West Mesa Justice Court. Mesa, Arizona
"Arizona.... Arrive for Vacation, Leave on Probation...
Return with a Violation, Incarcerated by Revocation."
-Out of State Visitors on Vacation
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