Defense Against a Driver's License Suspension or Revocation

One of the major consequences of a DUI offense and conviction is the suspension of your driving privileges. You face a driver's license suspension or revocation by an action of the both the court and Department of Motor Vehicle (DMV). You have fifteen days to request a hearing with DMV to contest a driver's license suspension or revocation.

In order to best protect your driver's license, call the Phoenix, Arizona, Law Offices of Howard A. Snader, LLC at (480) 559-8218. Lawyer Howard Snader has defended people throughout the cities of Phoenix, Mesa, Gilbert, Tempe, Scottsdale, Glendale, Peoria, Chandler, Casa Grande, Kingman, Prescott, Cottonwood, Flagstaff, Kingman, Avondale, Litchfield Park, Surprise, Yuma, Apache Junction, and Goodyear.

Depending on the number of your prior DUI convictions, you may lose your license from anywhere from 90 days to three years. As a Criminal Law Specialist Certified by the Arizona Board of Legal Specialization, attorney Howard Snader will represent you during a Department of Motor Vehicle license suspension hearing.

Although winning the hearing is difficult, you still should request a DMV hearing before an administrative law judge because:

• The request will delay the actual suspension of your driving privileges until after the hearing
• Howard Snader will have the opportunity to question the arresting officer under oath at the hearing
• Your insurance premiums will rise less from a DMV suspension then they would from a court order license suspension

Restricted Driver's License

If your license is revoked, you may qualify for a restricted, limited use driver's license. Depending on the number of DUI charges on your record, whether your DUI was a regular or extreme DUI, and whether charged as a felony, you may petition the DMV for a restricted license after a period of time. If revoked for 90 days, you may petition the hearings officer for a restricted license after 30 days. To learn more about DMV hearings contact the Law Offices of Howard A. Snader, LLC.

Aritcle Source: http://www.notcriminal.com/PracticeAreas/Save-Your-Drivers-License.asp

Arizona Drug DUI Defense Lawyers

Arizona laws are harsh on people caught driving under the influence of drugs. In Arizona, it is illegal for a driver to have any amount of drugs in their system while operating a motor vehicle. And, if the police even suspect that this may be the case, they can request a urine or blood test for drugs.

If you've been accused of drug DUI in Arizona, you need an experienced defense attorney — fast. The attorneys at Cates, Hanson, Sargeant & Rakestraw have years of experience. They use their skill and knowledge to prepare strong defenses for serious crimes.

The Consequences of a DUI Drugs Conviction

If you are convicted of a DUI drugs offense in Arizona, the consequences are harsh. Your driver's license will be automatically revoked and you will not be eligible for a work permit. You will also be prohibited from reapplying for your driver's license for one year — far more time than the 90 day suspension period for an alcohol-related DUI.

When Addiction is Involved

At Cates, Hanson, Sargeant & Rakestraw, we understand that many drug and DUI charges happen because of addiction. We have experience working with drug and alcohol addiction-related issues affecting criminal matters as well as family situations. We use this experience to help you find legal solutions that are right for you and your family.

You Won't Stay Out of Jail by Just Reading About it on the Internet

If you want to read about the law on Drug DUI, the Internet is a good place to start. But, when you or someone you care about have been arrested, you need to do more. You need to get real information from a lawyer about your specific case. And you need a successful defense strategy that keeps you out of jail.

duilawyer4u.com

First Offense DUI

Maricopa County / Metro Phoenix Defense Attorney in First DUI Offenses

If you have never been arrested for drunk driving, the prospect of conviction can be very frightening. With your driver's license at risk and many other serious consequences, a first offense for driving under the influence requires a skilled and experienced attorney.

A DUI Charge Can Have Serious Consequences

You will be facing a criminal charge for Driving Under the Influence (DUI) if you have a blood alcohol content of .08 or greater. If you are under 21 or have a commercial driver's license, you could be charged with Impairment to the Slightest Degree if you have a blood alcohol content less than .08.

f convicted of impaired driving or DUI, you will:

• Serve 10 days in jail (court may suspend up to 9 days and require a minimum of 24 hours with drug/alcohol evaluation and completion of mandatory treatment program)
• Fines and costs exceeding $1,500
• 90-day driver's license suspension (30 days no driving, and restricted license possible for the remaining 60 days)
• Ignition interlock device on car for a minimum 12 months after license reinstatement
• Possible impoundment of your vehicle

Other penalties can include court-ordered alcohol counseling and traffic survival school, community service, probation, and/or restitution.

Challenging a First DUI Offense

The decision to go to trial to fight a DUI / DWI depends on the evidence against you, the jurisdiction where you are charged, and any previous convictions you have for other crimes.

We can challenge the legality of the traffic stop and field sobriety tests, the results of Intoxilyzer blood alcohol testing, the qualifications of the arresting officer, or errors in the chain of custody of evidence. If there is a solid argument in your favor, the prosecutor may agree to dismiss the DUI charge, allow you to plead to a lesser charge, such as reckless driving, and/or dismiss other charges.

As an experienced Phoenix DUI offense attorney, I will give you an honest opinion of whether you should take your case to court or try to negotiate a plea agreement. I practice in all municipal and justice courts of Maricopa County, and I know the requirements placed on prosecutors. I will always fight for the best possible outcome in your case.

When it is time to request reinstatement of your driver's license, or if you are later charged with another DUI or any criminal offense, I will be there for you.

source: duiaz.com

Phoenix DUI attorneys: Hidden facts on DUI’s!

Being arrested for a DUI, also known as “Driving Under the Influence” may become stressful and difficult to handle. Nonetheless, the hardest step is to find the correct Phoenix DUI attorneys for your case. This is why, having as much information as you can about any possible actions and paths to take is the first and most important phase in progressing with a pending case. This article will explore the many demanding aspects of being charged for a DUI in the state of Arizona.

There are many mistakes which one can make during a routine sobriety test. Many people prematurely plead guilty due the charges based on a failed breath or blood test, without knowing that this may later on scrutinize their case. Phoenix DUI attorneys will help you understand this and offer assistance on what the correct steps are to avoid answering impulsively. In such cases Phoenix DUI attorneys advise not to incriminate themselves and plead Fifth Amendment.

However, the truth is that officers may make grave mistakes that can counter a DUI charge. Many Phoenix DUI attorneys have thrown out cases due to improper field test procedures. Where officers do not follow proper procedures and make concessions in the proper way of administering and scoring tests. Phoenix DUI attorneysshould make inquiries on whether the correct course of procedure in applying sobriety tests were given to the charged victim.

Hundreds of DUI cases have been dismissed due to using correct Phoenix DUI attorneys. A case that may seem to hold long and tedious court dates and fines may just very well disappear; if Phoenix DUI attorneys find there is reason to dismiss your case due to improper methods or lack of evidence.

As you may be able to probably tell there are many different ways to avoid having to face steep charges. The easiest is to just keep informed about how to handle these situations, and if you are already facing them, find the best Phoenix DUI attorneys to represent you.

source:duiphoenixarizona.com

Arizona DUI Lawyer

Arizona DUI lawyer - Arizona DUI defense lawyer serving Chandler, Gilbert, Glendale, Mesa, Phoenix, Scottsdale and Tempe, Arizona. A defense to an Arizona DUI citation can be built before ever being stopped by a police officer. A dui lawyer Arizona can establish a Dui defense in Arizona.

Our experienced Arizona DUI lawyer would advise any individual who is stopped for a DUI in Arizona to follow these guidelines. Ask to call and speak with an Arizona DUI defense lawyer immediately. Behave politely and courteously. Give the arresting officer your name, address, driver's license, registration and proof of insurance. Exercise your right to remain silent (do not answer any questions). Refuse to take any field sobriety tests. If you submit to an analysis of your blood, breath or urine ask for your immediate release to obtain an independent test and speak to an Arizona dui lawyer.

An experienced Arizona DUI lawyer can overcome a DUI citation by constructing a defense to the DUI charges. A dui in Arizona does hot have to result in a conviction. Call today for a free initial consultation with an Arizona DUI defense lawyer.

source: azattorneys.com

RIZONA LAWS AND HOW THEY APPLY TO YOU

Family Law is a very changeable area of law. The law changes every year with new decisions by the Courts and new statutes passed by the Legislature. New laws can seriously affect your rights and your property. Summaries of new Legislation or important Court cases are provided as well as links to the text of the new laws or cases.

NEW DIVORCE LAWS

PARENT INFORMATION CLASSES
The law requires that every parent going though a divorce or paternity case with children take a parenting class. It must be taken before the Court can grant a divorce. The class is usually held on evening and weekends, you take it only once, and the cost is no more than $35.00. You do not have to take it at the same time as the other parent.

COMMUNITY PROPERTY REDEFINED
Effective for all cases filed after August of 1998, property and debts acquired after the service of the Divorce Petition will no longer be considered community property. Therefore, it is now important to discuss with your attorney when you actually file for the divorce since it may affect your rights. Also, beginning in 2001, the court may now divide "liquid" assets at the beginning of the case.

COVENANT MARRIAGE
The Legislature created a type of marriage called a covenant marriage. If you want to get a divorce and have a covenant marriage, there are additional hurdles that you must overcome to obtain the divorce. If you were married over two years ago in Arizona, then this new law will not apply to you.

CHILD SUPPORT/ CREDIT REPORT
On January 1, 2001, the child support guidelines were modified to include an adjustments for visitation by the non-custodial parent.
You can also ask the Court for an Order to see your spouse's credit report to see if there are debts unknown to you that have been incurred by your spouse and which you may be responsible for paying.

azdivorcelaw.org

Are You Facing an Arizona DUI?

You are probably worried about jail, your license, ignition interlock devices, your record, your family and your financial security. If you are like most people, you a probably overwhelmed by the complexity of Arizona DUI Law.

At the Bergman Law Office, our goal in every Arizona DUI case is simple: do what is in your best interest. We strive to exceed your expectations.

Once you read this website and call my office to schedule a free initial consultation, I am confident that you will feel better knowing that you are doing everything you can to help yourself.

I look forward to talking with you.

Stewart Bergman, Attorney At Law

UPDATE: New DUI Laws Effective 9.26.08. Extreme DUI convictions now carry a mandatory 30 day jail sentence.

Complimentary Arizona DUI Case Evaluation

You owe it to yourself to experience our high levels of expertise and service. The meeting can be in person or over the phone.

At the case evaluation we will do several things:

1. Review your history, goals, concerns;
2. Discuss the facts of your case;
3. Outline possible defenses and potential issues for plea bargaining;
4. Discuss the Arizona DUI process specific to the city and court where you are being charged;
5. Make a plan of action so you will know exactly what you can do to best help your case;
6. Discuss our fees and fee arrangements, and in most cases, quote you a defined flat fee so there are no surprises;
7. Give you time and space to make the best decision, without pressure to sign up with us or turn over financial information;
8. Answer all of your questions to the extent that sufficient facts are available to us to comment intelligently.

Phoenix DUI Defense Attorneys

Almost 50% of all motor vehicle accidents are caused by DUI (driving under the influence) forcing Arizona to impose strict laws and penalties for anyone facing DUI charges. If you are suspected of driving under the influence, law enforcement will pull you over to conduct a thorough investigation that will include asking you to perform a variety of field sobriety tests to examine your mental and physical agility skills and requesting the collection of urine, breath and/or blood for testing as way to determine your BAC (blood alcohol content).

A BAC reading between 0.08% and 0.14% is considered above the legal limit and will result in a DUI charge. A BAC reading between 0.15% and 0.19% will result in an extreme DUI charge and a BAC over 0.20% will impose the harshest DUI penalties possible in Phoenix court. Underage DUI charges can be imposed on juveniles with a BAC reading anywhere above 0.00%.

If convicted of driving under the influence, Arizona Law mandates that jail time be served unless a Phoenix DUI defense attorney is able to negotiate alternative sentencing with the court. In addition to mandated jail time, many other DUI related penalties will be faced and can be viewed on the DUI penalty chart page of our site.

Whether being charged with a 1st offense DUI, 2nd offense DUI, 3rd offense DUI, 4th offense DUI, underage DUI, extreme DUI, felony DUI, aggravated DUI or multiple offenses, it’s vital to any DUI case that a qualified criminal defense attorney be immediately obtained to best understand all your legal rights. Phoenix DUI defense lawyers at Beauchamp Law Office are committed to defending your rights, fighting for your freedom and will do everything to build a strong defense and aggressively challenge the evidence against you to help secure a successful outcome for your Phoenix DUI case.

At Beauchamp Law Office, our DUI defense lawyers offer exceptional legal support to anyone arrested for driving under the influence in Phoenix, Mesa, Chandler, Glendale and Scottsdale, Arizona. For over 18 years, our DUI defense attorneys have been dedicated to defending the rights of our DUI clients through the use of aggressive defense strategies and being richly experienced in Arizona MVD Hearings, MVD regulations and DUI law. To ensure the best possible outcome for your DUI case, hire a Phoenix criminal defense lawyer from Beauchamp Law Office today!

Phoenix Mesothelioma Lawyers / AZ Asbestos Lawsuits

Mesothelioma is a serious lung disease in which the cells of the mesothelium (membrane of the lung) become abnormal, divide and multiple without control, resulting in cancerous tumors.

Many workers at Phoenix's shipyards, powerhouses, plants and construction sites were exposed to asbestos. We represent workers in Phoenix (AZ) that have been diagnosed with mesothelioma and lung cancer. We are familiar with the most common New York work sites, and the products used at these sites. Even if you were not exposed at work, our mesothelioma attorneys will fully investigate your case to determine the likely sources of your exposure to asbestos.

The Phoenix companies that manufactured, sold and installed asbestos products had extensive knowledge of the deadly hazards of asbestos as early as 1920. These companies did not warn of the risks or protect workers. The result is that many have unnecessarily and tragically contracted mesothelioma.

Mesothelioma can be a difficult disease to understand, and if you or a loved one have been diagnosed, you are certain to have numerous questions. If you have been diagnosed with mesothelioma, pleasecontact our lawyers - we can help you find answers.

The large verdicts associated with Phoenix mesothelioma lawsuits are not accidental. Jurors are outraged by What Companies Knewabout the hazards of asbestos and the risks to workers' lives.

Learn more by speaking with a Phoenix mesothelioma lawyer and have your case evaluated by our mesothelioma attorney: online case evaluation form.

If you live in any of the following Phoenix (AZ) locations and have been the victim of asbestos exposure, or diagnosed with mesothelioma, please contact our Phoenix mesothelioma lawyers for legal assistance.

Arizona DUI Laws

Arizona DUI Fines & Sentencing

When faced with an Arizona DUI arrest and/or conviction, there are several issues to think about: Will you have to serve jail time? If so, for how long? Or is probation a possibility? What will you owe in fines? Will your license be suspended, and for how long? Will you have to go to a DUI school or do community service? Here are the basic laws regarding Arizona DUI fines and sentencing.

First Arizona DUI Offense:

Criminal Status: Class 1 misdemeanor. Aggravated DUI elevates criminal status to a felony. An aggravated DUI is a DUI (impaired, per se or extreme) that is committed: (1) on a suspended, revoked or canceled license; (2) a third DUI offense in 5 years; or (3) while a person under 15 is in the vehicle.

Jail: DUI: 1-10 days. Extreme DUI: 10-30 days. Aggravated DUI: Terms in prison vary depending on violation.

Arizona DUI Fines/Costs: Minimum $250 (plus $500 for the prison construction fund and $500 for the state general fund).

-Extreme DUI: Least $250 (plus $250 DUI assessment, $1,000 for the prison construction fund, and another $1000 for the state general fund)
-Aggravated DUI: Minimum $750 (plus $250 DUI assessment and $1,500 for the prison construction fund and $1,500 for the state general fund).

Jail costs: An 80% surcharge on the base fine is levied on each DUI offense.

Arizona License Suspension: DUI: 90 days. Extreme DUI: 1 year. If aggravated DUI, license revoked for 3 years.

Arizona Probation: DUI: Up to 5 years (informal, may not be supervised). Aggravated DUI: 10 years.

Vehicle Impound: Yes, for extreme DUI and aggravated DUI.

BEWARE OF NEW DUI LAW EFFECTIVE SEPTEMBER 26, 2008!

There will no longer be any "Suspended Sentences" after the statutory minimums for first offense "Extreme DUI" or an "Extreme DUI" with any prior DUI in the preceeding 84 months. After September 26, 2008, if you are convicted of a first offense "Extreme DUI," you will serve aminimum of 30 days straight time with no days suspended and a minimum of 60 days straight time with no days suspended for and "Extreme DUI" with a prior in the preceeding 84 months. ACT NOW! You CAN win any DUI case with the right lawyers on your side. Call us today for a free, telephonic consultation.

Know Your DUI RIGHTS

You have the right to remain silent!

If you are being investigated or have been stopped by the police you have the right to remain silent. Arizona DUI law does not require you to answer any questions. If stopped, present the police officer with your driver's license, proof of insurance and registration. Do not answer any other questions and do not admit to anything. You may be pressured into speaking; however, you should resist answering questions that may be used against you later in court. This is an important first step in your DUI defense. Remaining silent is your constitutional right and was established to protect you from being forced to testify against yourself.

You have the right to an attorney

If you are stopped by police, immediately request a confidential call with an attorney. Arizona DUI law gives you the right to consult with an attorney before you choose to submit to any chemical test (breath or blood) as long as it does not delay the investigation. Attorneys at the Maasen Law Firm are available 24 hours for emergencyconsultations.

Refuse to take any Eye or Physical Tests

You may be asked to submit to a variety of field sobriety tests or an HGN eye test. These tests are not required by Arizona DUI law and are not always accurate, which is why we suggest you decline. The results of the test are left to the discretion of the police officer who is administering the test unlike a blood or breath test which is determined by objective analysis.

Phoenix DUI Law Firm

The Maasen Law Firm is a team of Arizona DUI and criminal defense attorneys serving Phoenix, Scottsdale, Paradise Valley, Mesa, Peoria, Tempe, Chandler, Glendale, Prescott, Tucson, and Flagstaff in Maricopa, Yavapai, Coconino, and Pima counties.

The Maasen Law Firm aggressively fights for our clients. Our Phoenix area criminal defense attorneys have previously worked as prosecutors and have years of extensive trial experience. The Maasen Law Firm's DUI lawyers are exceptionally educated in the area of Field Sobriety Testing and breath testing equipment used by Arizona police and highway patrol during DUI stops. Our criminal defense attorneys have the knowledge of Arizona DUI law and the skills to fight for your case. We can help! Start a free DUI case evaluation now.

A high level of commitment to our clients is of the utmost importance to us. We believe that effective communication is the key to successfully helping our clients. In addition to continuous interaction with your Paralegal and the Attorney assigned to your case, every client has Scott Maasen's personal cell phone number and direct email address.

DUI Phoenix Lawyers

Facing a charge of drunk driving in Arizona could cause life-altering consequences. Fines and possible jail time are only a few of the many penalties you may face. Having a good defense team on your side is the key to minimizing these effects.

The Law Offices of Edward A. Loss III centers its practice on the aggressive defense of the accused DUI offender. Mr. Loss and his dedicated team are skilled in felony and misdemeanor DUI cases which includes DMV hearings, contested motion practice, jury trials, and non-jury trials.

FREE Initial Consultation

Our FREE no-commitment initial consultation is offered by our firm so that we can evaluate your situation. Fill out our confidential initial questionnaire online or make a call to our office at 623-931-6362. Our dedicated attorneys and staff will quickly be in touch with you to discuss your case.

DUI Laws are Constantly Changing

Arizona DUI Law is constantly evolving with stringent statutes and case law precedent, which pertain to the Arizona drunk driver. A DUI conviction could result in varying forms of punishment and penalties, depending on the type of DUI that was charged, and on the Defendant's criminal record. As an informed Arizona DUI attorney, we will fight for your rights in a court of law to avoid or minimize the effects of a DUI conviction, probation jail time, ignition interlock requirements, driver's license suspension, alcohol screening and counseling, court fines, and community service.

Know and Exercise Your Rights

Peruse our website to find out about field sobriety tests,blood alcohol content, breath tests, blood testing,ignition interlock devices, and other facets of Arizona DUI Law. Educate yourself about your constitutional rights by reading the adapted "The DUI Exception to the Constitution" lecture by Lawrence Taylor. We also have a list of Arizona DUI courts phone numbers and addresses for your convenience.

We have made it our mission to take the weight off what can potentially be a complex and stressful time in your life. To defend your rights, contact our firm today for Arizona drunk driving arrests in Phoenix, Scottsdale, Flagstaff, Glendale, Maricopa County, Gila County, Yavapai County, Pinal County, and our other locations. You may also fill out our FREE online initial questionnaire.

Don't let a DUI arrest lead to a DUI conviction.

DUI IN PHEONIX

If you find yourself arrested for Driving Under the Influence of Alcohol (DUI) in the State of Arizona, and you have submitted to a breath, blood, or urine test, and the results of the test reveal a blood/breath alcohol result of .08% or higher, or you have refused these tests, you can expect to be involved in two separate legal proceedings.

1. A criminal proceeding in court
2. A civil proceeding with the Department of Motor Vehicles (MVD) and the likely suspension of your driver license.

These two proceedings are mutually exclusive; the outcome of one will not affect the other. You could win both matters or lose both matters. How the MVD driver license hearing is handled is extremely important.

The Criminal Proceeding

Your DUI arrest begins your criminal proceeding. The consequences of this -- plea of guilty, or a verdict of guilty following a jury or bench trial -- could result in mandatory jail time, fines, fees and assessments, supervised or unsupervised probation, as well as a criminal record.

The Civil Proceeding

The civil proceeding is conducted before an administrative hearing officer at the MVD. This proceeding deals with a possible suspension of your driver's license, or if from out of state, your privilege to drive in Arizona.

The arresting police officer will serve you with a "Notice of Suspension." If you have been arrested in Arizona for DUI and you take a breath, blood or urine test, and the results measured a alcohol concentration of .08% or more within 2 hours of driving, or you refuse to take the blood, breath or other chemical test, the arresting police will serve you with a 90 day driver license suspension notice, or in the case of refusal, a 12 month driver license or driving privilege suspension. The police should give you two copies of this form.

Arizona Residents

If your test results indicate a result of .08% or higher, the police will seize your Arizona driver license, and issue you a temporary license which is valid for 15 days, or, if you request a hearing within the 15 day window, until the hearing is conducted and the outcome determined. Since the police confiscated your driver license, the yellow copy of the suspension notice is your temporary driver license.

Non-Arizona Residents

If you are from out of state, the police cannot seize your driver license. They will serve you with a notice of suspension of your privilege to drive in Arizona. The suspension will take effect 15 days after service unless you request a hearing within the 15 days. If a hearing is requested, your privilege to drive in Arizona will not be suspended until the hearing is conducted and the outcome determined.

Tucson DUI accident earns man 10 years in prison

Tucson, AZ - Eric David Marrufo was sentenced in Pima County Superior Court earlier today for two different accidents, one which resulted in a woman sustaining life-threatening injuries. The separate accidents occurred in July of 2008 and March of 2009.

In the July 2008 accident he rear ended a woman on a motorcycle in the are of I-19 and West Irvington, and then fled the scene. His blood alcohol level was more than double the legal limit.

Then, this march he was involved in another hit and run crash in Tucson, while he had three young children in the vehicle.

He will spend the next decade in prison.

DUI TERMS

DUI TERMS

Caloric Nystagmus

A vestibular system nystagmus caused by differences in temperature between the ears, e.g., one ear is irrigated with warm water and the other irrigated with cold water. Drunk Driving A general reference to those criminal cases that are called DUI, DWI, OUI, OWI, DUII, DWAI, or other acronyms. They generally describe two types of cases: first, where the driver is sufficiently impaired by alcohol, drugs, or a combination of the two, that the driver cannot drive safely. Second, "drunk driving" relates to those cases where someone is above that state's legal limit, usually .08, no matter how safely the person is driving.

Michael Jackson's doctor Conrad Murray approached Mark Geragos

According to a story on Eonline, Michael Jackson's personal physician, Dr. Conrad Murray approached the well known celebrity criminal defense lawyer. According to the report, Geragos turned down the request to represent the doctor, presumably because of a real or potential conflict of interest.

Mr. Geragos represented Mr. Jackson during his 2004 child molestation trial. Despite the novel issues that could come along with representing Murray, there is, according to Geragos, a definite potential that a defense would involve smearing Michael Jackson, or disclosing information that may be sensitive or confidential.

Dr. Murray is reportedly under investigation for manslaughter. According to Geragos, there is a possibility that the case could be charged as murder. Such a charge could involve other parties as well, and it is easy to envision conspiracy theorists everywhere brewing up theories with many twists and tangents.

From a defense lawyer's perspective, Mark Geragos is smart to stay well away from this case despite the fact that it is so high profile. It looks to be one of the larger and more complicated legal messes of this century, and certainly the highest profile.

When the investigation concludes and the results and indictments are announced, expect a media circus that may even put the coverage of Michael Jackson's death to shame.

Pilot sentenced for DUI related airplane crash

Sean Oskvarek, a pilot who was arrested last November after his plane clipped a house and crash landed in a neighborhood yard pleaded guilty on August 12, 2009 to flying his airplane under the influence of alcohol and drugs.

He will serve 30 days in jail and two years on probation. The accident happened in DuPage County, Illinois last November after he clipped a house and crashed in the yard.

Man gets 25 years to life for DUI under California three-strike law

San Jose, CA - On August 11, 2009, the Court of Appeal of California, Sixth District, issued an opinion in the DUI case of People v. Douglas Fryman, which was an appeal from Santa Clara County Superior Court. The State was represented by the California Attorney General's Office out of San Francisco, and Mr. Fryman was represented by Santa Clara Attorney James W. Haworth.

Mr. Fryman was sentenced to 25 years to life in prison under California's Three Strikes law after pleading guilty to driving under the influence having a prior statutorily specified driving offense conviction within ten years. On appeal, he contended that the trial court abused its discretion by denying his request to strike the priors.

Fryman was arrested after a San Jose police officer arrested him after stopping him for driving erratically. Mr. Fryman's first strike conviction came in 1982 for assault with a deadly weapon. His second strike came in 1994 for assault with a firearm. He was on parol when he was arrested for DUI.

In total, he had been convicted of three felonies and six misdemeanors, and racked up five Parole Violations. In 2003 he was sentenced to six years in prison for two counts of DUI.

The trial court pointed out that "It's not like he didn't know he could get a life term for this, and did this while on parole for that one." Mr. Fryman replied that his knowledge "of a consequence of him getting another DUI ... that doesn't take away ... from the value of the positive things he has done and whether this DUI deserves a life sentence. I just think it's definitely a fact the Court can consider."

The Court of Appeals concluded that the trial court exercised proper authority and rationally relied on Mr. Fryman's knowledge of his exposure to three-strike risk. Therefore, his sentence of 25 years to life for a California DUI arrest stands under California's three strike law.

Know Your DUI Expert

Let me tell you a tale of two contrasting DUI cases. Both where the attorney and I have worked together in the past. One where the attorney prepped with me in advance, and the second when the attorney didn't

In the first case, based on incredibly good performance on a dash-board patrol camera, the defense attorney was able to asked me questions that lead the jury to have enough reasonable doubt for a full acquittal. That's impressive enough on most DUI cases, in this case the defendant was charged with:

1) Impaired to the slighted degree

2) BAC over 0.08 within 2 hours of driving

3) BAC over 0.150 within 2 hours of driving (AZ Extreme DUI)

4) BAC over 0.200 within 2 hours of driving (AZ Super Extreme DUI)

The attorney in this case is arguably one of the best litigating DUI attorneys in the southern Arizona area. The evidence against the subject was a blood reading of 0.265.

In the second case I wasn't prepped properly for trial. I had read the case material, and in my case notes I had written that the case seemed very weak, and the subject's (who's blood reading was a 0.146) best possible outcome was very likely a regular DUI charge.

There was a lot of documented behavior in the case that would lead to very poor jury appeal.

The issue in the case was that the blood draw occured over 3 1/2 hours after driving. The attorney got me on the stand and made sure I was aware (and the jury was aware I was aware) of the time line of the case. The theory of the case for the defense was that a retrograde extrapolation (a back calculation/prediction of the subjects BAC earlier in time) can't be done from 3 1/2 hours after the time of driving.

His question was something of the effect of - Isn't it true that there is no way to give a reasonable scientifically accurate retrograde extrapolation 3 1/2 hours after driving, and with no eating or drinking history?

My answer was something to the effect of - "Accurate scientific and retrograde extrapolation" are oxymorons. Be that as it may, without an eating and drinking history, in Arizona it is still generally accepted to retrograde back to the time of the stop +2 hours. Some police scientists might go an hour, others might even go a half hour, but 2 hours would be fine, but we have to remember that based on the literature, the individual's calculated BAC could over-estimate their actual BAC by as much as 10% if they aren't fully absorbed at stop +2 hours.

This wasn't the answer the attorney was expecting, and it basically tanked his case.

Always remember to talk to your expert before they get on the stand. The state's expert can hurt your case, but your own expert can destroy it even quicker if you don't know what their opinions are, and you make assumptions.

Georgia man sentenced in Bay County Florida DUI death

Bay County, FL - Mr. Storm Wood of Georgia, was convicted of DUI manslaughter in a Florida court this morning. He will spend the next fourteen years in prison for the motorcycle accident that killed a Panama City woman who was riding on the back of his bike.

The victim, Robin Arnett, was 34 years old.

The Judge heard from both the defendant's and the victim's mothers before sentencing Mr. Wood to 14 years in prison.

At the time of the accident, Mr. Wood was driving without a valid license.

www.duiattorney.com

DEFINING DUI TERMS

APS or Administrative Per Se Drunk Driving Cases

In many states, there are two separate cases that arise from a single drunk driving arrest: the court case, and the Administrative Per Se, or APS case, with the Motor Vehicles Department. In cases where someone is arrested for DUI, DWI, OUI, OWI, or a related drunk driving charge, and gives a breath or blood test with results that are above the legal limit, the Motor Vehicles Department will take an administrative action against the driver. NOTE: Most states limit the time a driver has to request a hearing to contest the APS action. Usually, it is just a few days. That is why it is so important to contact a lawyer right away. Blood Alcohol Content or BAC Blood alcohol content. In most states, alcohol level may be determined by reference to breath alcohol level as well, without having to convert to blood alcohol level. Alchohol Burnoff The ability of the body to metabolize alcohol, and eliminate it from the system through the functioning of the vital organs. The rate of burnoff will vary from person to person, and even be different for the same person depending upon various factors. This is just one of the reasons that retrograde extrapolation is such a difficult task, and why the results are uncertain . Driving Usually, ability to exert control over the vehicle. Officers usually need not observe someone driving in order to arrest them for drunk driving. Circumstantial evidence of driving is typically sufficient to establish this element. NOTE: More terms will be posted soon. keep coming to our page. bookmark our page

DUI LAWS BY STATES

Every state has drunk driving laws. Most states refer to drunk driving as DUI; some states refer to drunk driving as DWI; still others refer to drunk driving as OUI, OWI, DUII, DWAI, OUIL or OMVI. But no matter what you call it, the consequences are potentially severe:jail, fines, loss of driver's license, required ignition interlock devices, attendance at alcohol education programs, lectures given by MADD, SADD, or RADD, community service or freeway cleanup, increased car insurance rates, a criminal conviction, and more.

All 50 states and the District of Columbia have per se laws defining it as a crime to drive with a blood alcohol concentration (BAC) at or above a proscribed level, 0.08 percent. Forty-five states permit some offenders to drive only if their vehicles have been equipped with ignition interlocks. These devices analyze a driver's breath and disable the ignition if the driver has been drinking. In 30 states, multiple offenders may forfeit vehicles that are driven while impaired by alcohol.

Forty-three states and Washington D.C. have laws prohibiting the driver, passengers or both from possessing an open container of alcohol in the passenger compartment of a vehicle.

Intoxilyzer results stand after Brevard County DUI decision

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Brevard County, FL - A Brevard County panel of judges ruled on August 10, 2009 that 56 Florida DUI cases will not be thrown out of court based on an argument that the Intoxilyzer 8000 used to test their breath was not approved for use in Florida.

The issue was whether the parts used in the machines were in compliance with Florida regulations. This case may now proceed to the next level of appeal.

The Intoxilyzer 8000 breath test machine, manufactured by CMI in Kentucky is the subject of intense litigation in several states over the reliability and inner workings of the device. Defense lawyers have sued to obtain the machine's source code, which CMI claims in proprietary.

Some state, like Arizona, that adopted the machine statewide, have started to back away from the machine's use, opting to transition to a more reliable blood standard. "Breath test technology is flawed," says Seattle DUIattorney Aaron Wolff. "As long as states continue to use breath testing, there will be litigation about its accuracy and reliability."

Florida DUI lawyer John Musca agreed. "There are too many factors to be able to say that this technology works 100 percent of the time on 100 percent of the people."

Bart Herron, a lawyer who handles Oregon DUI cases in the Portland area and is known for his aggressive defense of his clients said "a lawyer who just sits back and accepts a machine's result as self-evident truth may not be doing his or her job."

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Kansas DUI arrest deemed proper by Appeals Court

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Kansas - On August 7, 2009, the Court of Appeals of Kansas issued a new DUI opinion in the case of City of Salina v. Troy Ragnoni. The case concerns the ability of an officer to legally stop a person for public safety in order to check on that individual's welfare.

In this case, the police received information that the subject, Mr. Ragnoni, was potentially suicidal. Based on information received from his ex-wife, the police had added him to a "hot sheet" that told police officers that he was potentially suicidal. Per police department policy, once a person is labeled as potentially suicidal and put on the hot sheet, their name remains there until they are either located and deemed to be not suicidal, or taken to a hospital for evaluation.

After three days of being on the hot sheet, Officer Chad McCary of the Salina Police Department spotted Ragnoni's vehicle. He followed him to the driveway of a private residence and observed him and his wife and three kids exit the 1989 GMC Jimmy.

It turned out that Mr. Ragnoni exhibited signs of alcohol impairment and was arrested for DUI. He was later convicted of two counts of DUI. He appealed and the district court agreed with him that the stop was not justified. The City of Salina then appealed to the Court of Appeals.

In this opinion, the Court of Appeals reinstated the conviction, reasoning that under the facts of the case a public safety stop, even after three days, was justified. There is a strong public policy reason to check up on people who are potentially suicidal, because they often pose a grave danger to their own life and to the lives of others.

Therefore, in this case, according to the opinion of the Kansas Court of Appeals, the stop was clearly to advance the public interest.

Judge John Weckel wrote the opinion for the Court. Attorney Jennifer L. Wyatt represented the City of Salina, and Andrew Couch of Salina, and Lowell C. Paul of Topeka represented Mr. Ragnoni.

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Prescott Arizona police nab DUI driver with tire spikes after chase

Prescott, AZ - An Arizona man was arrested for several serious DUI related charges after he allegedly ran through nine red lights and almost hit two police units. The suspect led Yavapai County police on a chase early Wednesday morning.

The suspect, Michael Francis, was booked into the Yavapai County Jail in Camp Verde on two counts of aggravated vehicular assault, felony flight, extreme DUI and reckless driving.

The police were first alerted to Mr. Francis when a woman called the police to say that Francis had been following her.

To catch him, Prescott police had to ultimately disable his vehicle using tire spikes. According to police reports, Mr. Francis' blood alcohol content was .215, well over the "super extreme" DUI limit of .20 in Arizona. Depending on his criminal history, he may face 7 years or more in prison if convicted. He is currently being held on $15,000 bond while awaiting his hearing next week.

California DUI cases with female defendants on the rise

Sacramento, CA - After reporting on the latest outrageous Sacramento DUI case issued by the California Court of Appeals this week, a case that involved a very drunk woman, we found it telling that, according to the Sacrament Bee, female DUI arrests are on the rise.

Although men still account for more DUI arrests than women, the number of female arrestees has been climbing at an alarming rate in recent years. It is interesting to note that the age group with the highest representation amongst arrested female drivers in the Sacrament area (by far) is the 21-30 year old bracket. Statewide, that age bracket represented 43 percent of all DUI arrests in 2007.

Still, in 2008, women represented only 23.7 percent of the total DUI charges filed in Sacramento. But those numbers mean little when compared with the very real damage that female drunk drivers are doing. The Bee's story gives some recent examples of 4 people who have died at the hands of female drunk drivers.