Boating Accidents DUI Defense Lawyer: What You Should Know

Recreational boating has been a popular leisure activity in the U.S. for years. Whether with powerboats or sailboats, over 87 million people enjoy recreational boating and other water sports activities such as fishing and water skiing every year. Because of these leisure activities, boat Driving Under the Influence is a recurring problem.

 

Boating DUI

Unlike our highways, waterways do not have marked lanes, road signs and street lamps. Our boats do not use the same braking mechanism as cars do. Aside from the big difference in operating environment, like any motorized vehicle, the three main contributing factors of boating accident are the operator’s error, machine failure, and excessive speed. These factors, when combined with DUI, can lead to even worse accidents.

Arizona is now ranking fifth in boating accidents and seventh for the most number of injuries. The most common occurring accident is collision with other vessels and Influence of alcohol accounts for 1/3 of all recorded fatalities.

 

Arizona’s Action

During the summer, expect Arizona local officials and other law enforcement agencies to set up DUI checkpoints to make sure of the safety on waterways. Local officials are peace officers with licenses having the same authority as the police to stop, investigate, and arrest criminal acts. This is their way of keeping the boaters vigilant of the law and to protect others from unsafe boaters.

 

Arizona’s Boating DUI Laws- Overview

While it has similarities with DUI laws, Arizona has passed several revisions to the boating DUI bill. According to A.R.S. 5-395, it is illegal for anyone to use or be in control of a motorized vessel under any of these circumstances:

  1. The person is impaired to the slightest degree by the influence of alcohol, drug, or any substance.
  2. The person’s alcohol concentration is 0.08 or more within 2 hours of operating a motorized vessel whether the alcohol is consumed before or while in the vessel.
  3. The person is under the influence of any drug provided in section 12-3401 of the law.
  4. The person’s alcohol concentration is 0.04 or more while operating a commercial motorized vessel.

 

Arizona’s Charges and Penalties – Overview

If arrested, the penalties and charges suspects might face in Arizona vary depending on the degree of the offense. According to A.R.S. 5-395.01:

First Offense

  1. The person is charged guilty of class 1 misdemeanor.
  2. The person serves at least 10 consecutive days in jail.
  3. The person pays fines totaling to at least $ 1250.
  4. The person may be subjected to community service by the judge’s decision.
  5. The person needs to attend the alcohol and drug screening and complete the treatment program.

It is possible for 9 days of the jail sentence to be suspended with the proper court order provided that the person completes the alcohol and drug screening and the treatment program, so long as the offense did not recklessly endangered another person with a substantial risk of physical injury.

 

Second Offense within 7 years

  1. The person is charged guilty of class 1 misdemeanor.
  2. The person serves at least 90 days in jail with 30 consecutive days out of these. Home Detention may be possible in lieu of some of the jail time.
  3. The person pays fines totaling to at least $ 3000.
  4. The person is subjected to 30 hours of community service.

It is possible for 30 days of jail sentence to be suspended with the proper court order provided that the person completes the alcohol and drug screening and the treatment program, so long as the offense did not recklessly endangered another person with a substantial risk of physical injury.

Also see managing multiple offenses

 

Boating DUI Defense

Boating DUI requires someone who has the expertise in defending this type of case. It is possible to drop all the charges right away given the right circumstances if the situation is dealt quickly. There are cases where suspects can appeal for an Illegal search that violates the Fourth Amendment. Declining Field sobriety tests is possible if the situation can clearly go against the suspects’ favor like performing in wet and unstable surfaces on the boat. An experienced lawyer can also help defendants when faced with outdated and not properly calibrated breath test devices. Lawyers can help the victims defend their rights relating to race, religion, gender, sexual preference or age when there is no reasonable suspicion present.

 

Consulting an experienced lawyer will help defendants deal with their case quickly and properly. The right lawyer can even make the charges and penalties lower or be dropped completely. Robert A. Dodell is an experienced criminal and DUI lawyer practicing law for over 30 years.

 

Boating Accidents DUI Defense Lawyer: What You Should Know was originally published on http://azcrimlaw.com/blog/

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DUI Attorney – Criminal Lawyer | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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Arizona’s Mitigating Circumstances Law

A person who is convicted of a felony usually has mitigating circumstances that a court should consider when imposing a sentence. The mitigating circumstances are found at A.R.S. § 13-701(E)(1)-(6):

  1. The age of the defendant.

  2. The defendant’s capacity to appreciate the wrongfulness of the defendant’s conduct or to conform the defendant’s conduct to the requirements of law was significantly impaired, but not so impaired as to constitute a defense to prosecution.

  3. The defendant was under unusual or substantial duress, although not to a degree that would constitute a defense to prosecution.

  4. The degree of the defendant’s participation in the crime was minor, although not so minor as to constitute a defense to prosecution.

  5. During or immediately following the commission of the offense, the defendant complied with all duties imposed under sections 28-661, 28-662 and 28-663.

  6. Any other factor that is relevant to the defendant’s character or background or to the nature or circumstances of the crime and that the court finds to be mitigating. Found on https://www.azleg.gov/ars/13/00701.htm

The Arizona Supreme Court defined ‘duress” in mitigating circumstance (3) as “any illegal imprisonment, or legal imprisonment used for an illegal purpose, or threats of bodily or other harm, or other means amounting to or tending to coerce the will of another, and actually inducing him to do an act contrary to his free will.” Originally found on AzCourts.gov See State v. Herrera, 174 Ariz. 387, 400 (1993). In Herrera, the Court found mitigating circumstance (6) when the defendant fatally shot the deputy because his father ordered him to do it.

Mltigating circumstance (6) is a catchall that a person can use when the previous 5 circumstances don’t apply. A person’s lack of a criminal record falls under this circumstance according to State v. Thurlow, 148 Ariz. 16, 20 (1986). Other potential mitigating circumstances are a person’s traumatic childhood, dysfunctional family, personality disorder, poor physical health, strong family support, employment, rehabilitation, cooperation, and/or remorse.

Mitigating circumstances are important because a court shall take into account the amount of aggravating circumstances and whether the amount of mitigating circumstances is sufficiently substantial to justify a sentence lower than the presumptive sentence according to A.R.S. § 13-701(F). A court shall impose an aggravated sentence (greater than the presumptive sentence) if the trier of fact finds aggravating circumstances and the court does not find any mitigating circumstances. In other words, the presence of mitigating circumstances allows the court to impose a lower-than-average sentence while their absence requires a higher-than-average sentence.

Arizona law on mitigating circumstances is complicated. You need an experienced defense attorney to fight for you. Attorney Robert Dodell, Attorney At Law has over three decades of experience. Call him today for a free initial consultation.

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Arizona DUI Checkpoints, What to Know and How to Be Prepared for Them

In the state of Arizona, DUI laws and the corresponding penalties for violation are among the strictest in the country. To help make sure that the laws are enforced, the state sets up sobriety checkpoints all over the state during various times of the year. The checkpoints are common during holidays like the 4th of July, Memorial Day, New Year’s Eve, and Labor Day. At the checkpoints, police officers are on the lookout for impaired drivers.

 

What to Expect at DUI Checkpoints

Police officers manning a sobriety checkpoint may either stop all passing vehicles or use a pre-determined pattern to stop particular cars. The goal is to determine if the drivers are impaired. Checkpoints are often set up early in the morning or late at night, when the percentage of impaired drivers on the road is at its peak.

When you are stopped at a checkpoint, officers may request to search your vehicle. Unless they have legal grounds to perform the search, you may refuse their request. If they order you to step out of your car, do so, but lock the door once you get out of the car, unless explicated instructed otherwise.

You have the right to refuse to take all field sobriety test. This includes the any of the tests which will ask you the track a pen with your eyes, walk in a straight line, touch your nose, or reciting the alphabet. Thus, even if you are eventually charged with a DUI, the officer cannot include how you did on those tests as a reasons to arrest you.

You may also be asked to undergo breath alcohol testing to determine the level of your blood alcohol content. While you can also refuse to take the test, the consequences of your refusal will result in the loss of your driving privileges. It is best to always ask to speak to an attorney prior to making the decision on whether you should refuse to take the chemical test.

 

Effectiveness of Sobriety Checkpoints

The police believe that DUI checkpoints are effective in reducing the number of impaired drivers on the road, even if many violators are able to get around them. What’s important is for the public to be aware that impaired driving is never tolerated. Based on the National Highway Traffic Safety Administration (NHTSA) studies, there are three DUI arrests done by roving patrols for every arrest made at a DUI checkpoint.

 

Preparing for Arizona DUI Checkpoints

Following are some tips on how you can prepare for DUI checkpoints:

  • If you can, determine where the checkpoints in your area will be set up prior to a holiday. Locations are usually posted on state and city government websites, and announced on local news, the radio, and in newspapers.
  • Make sure you have your registration and license within easy reach, in case an officer stops you. If that happens, immediately present the documents. You may arouse suspicion if you fumble in getting your license and registration.
  • Don’t offer more information than what the law requires you to supply. Even when an officer asks, you don’t have to tell him where you’re going or where you came from. Likewise, you don’t have to provide information about your past or recent drug or alcohol.
  • If there are other people riding with you, it is important that they are not seen with any drug paraphernalia or open alcohol containers.
  • While at a checkpoint, always be respectful and remain calm. Whether you are impaired or not, showing rudeness or nervousness will do you no good. You have to stay composed at all times. When asked, produce your registration and license right away. Never complain during the entire time.

If you or any of the passengers are charged with a DUI or possession of illegal drugs at a DUI checkpoint in Arizona, it is important that you immediately seek the help of an experienced DUI attorney like Robert A. Dodell.

Additional Related Items For DUI’s – These Are Different Circumstances:

DUI Interlock System

Repeat DUI Offenses and What to Do

 

Robert A. Dodell, Attorney At Law
10601 N Hayden Rd, #I-103
Scottsdale, AZ 85260
(480) 860-4321

 

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Scottsdale, AZ 85260

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Benefits of Hiring a Traffic Ticket Attorney

Even if you have been driving for a long time, you may commit some minor driving errors that can result to traffic violations. These include forgetting to use the proper signal when turning, going beyond the speed limit, and beating the red light.

These seemingly minor violations can quickly add up, and you may not have the time or the experience to deal with them on your own. Thus, hiring a traffic ticket attorney to contest your traffic tickets in court would be a great move. This way, aside from possibly having to pay lower fines, you may avoid higher insurance premiums and additional points in your driver’s license, as well.

 

The Traffic Ticket Lawyer

A traffic ticket attorney like Robert A. Dodell deals in traffic and driving laws. He has extensive experience in defending traffic court cases including routine moving offenses like beating the red light, and more serious violations like driving under the influence of alcohol or drugs.

A competent and experienced lawyer will, regardless of the circumstances surrounding a violation, will work to lower your penalties, negotiate for alternative penalties, or have the traffic ticket dismissed altogether.

  • Lowering Ticket Penalties – In general, this involves convincing the State to dismiss or lower your fines and / or the assessment of driver’s license points. This will not only save you money in fines, but may also help you avoid higher insurance rates and driver’s license suspension.
  • Negotiating for Alternative Penalties – Attending traffic school is a common and popular alternative to a standard ticket penalty. Completing the course will help keep your driver’s license points from accumulating, and prevent your insurance premiums from escalating. Thus, when offered traffic school instead of something more serious, don’t hesitate to grab the opportunity.
  • Having the Ticket Dismissed – Competent traffic ticket lawyers are well-versed on traffic laws. Thus, they know the right ways to get the traffic ticket dismissed, including:
    • The issuing officer’s non-appearance in court
    • Your agreement to plea to a less serious violation

 

Weighing Lawyer’s Fees versus Ticket Costs

While working with a lawyer has definite advantages, you must first decide if the cost of hiring a lawyer would be worth the amount of penalties and other benefits you will gain. It is the fact that the services of an attorney are not cheap. Here are some questions to ask yourself:

  • Does the traffic ticket fine cost less than the attorney’s fees?
  • Will the additional points assessed on my driver’s license be too much of a burden?
  • How much will my automobile insurance premiums increase?

 

Working with Robert A. Dodell, Attorney At Law may entail some costs. You may save a little money by dealing with your traffic tickets on your own – if you are successful in having them dismissed. However, if you are convicted, the penalties, the entry of points on your driving record, the higher insurance premiums you will most likely be assessed in the future, as well as the stress that comes with a conviction, may not be worth the savings in the long run.

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10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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Zero Tolerance DUI in Arizona

Remember that the state of Arizona does not tolerate driving under the influence or DUI offenses. If you are caught driving under the influence of alcohol or drugs, you will be immediately arrested. Depending on your blood alcohol content percentage or the drug, number of previous violations, status of the validity of your driver’s license, and whether or not there are passengers under 15 years of age in the vehicle, you can be subject to a variety of sentencing requirements for a DUI, if convicted of this most serious offense.

 

There are three types or levels of DUI misdemeanor offenses, based on the blood alcohol content: standard, extreme, and super extreme. A few of the things that you may go through when you are arrested are:

 

Depending on the type of offense and the number of previous offenses, the combination of the punishment that will be given to you will differ. It is best that you immediately get in touch with your attorney if you get arrested. If you do not have one or want a lawyer specializing in such, it is best that you contact Robert A. Dodell, Attorney at Law.

Additional DUI Related Resources/Offenses:

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Scottsdale, AZ 85260

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Extreme DUI and Aggravated DUI What is The Difference

Understanding the Arizona Law Difference Between Extreme DUI and Aggravated DUI

If you are in the State of Arizona, it is important that you understand the different charges that are related to driving under the influence of alcohol or other mind-altering substances. Being charged with a DUI is a serious offense, and it can be even more so depending on the type of charges.

For instance, the difference in the terminology often confuses many people. There is a difference between the terms Extreme DUI and Aggravated DUI. Either way, if you are charged with these offenses, it is vital that you understand the charge and how to defend yourself against it with a professional attorney by your side.

In the State of Arizona, the Extreme DUI charge is related to the amount of alcohol in your system. When suspected of impaired driving by alcohol, you are asked to provide a test sample. If your blood-alcohol concentration, or BAC, is over .15%, you can be charged with an Extreme DUI. And if the BAC exceeds .20%, you will be charged with a Super Extreme DUI. Although these crimes are misdemeanors, you can end up serving significant jail time.

On the other hand, an Aggravated DUI is a felony and this does not involve the amount of alcohol in your system. Rather, it involves whether there are children involved, prior DUI history or license status.

The first potential circumstance is having a minor in the car. If you have a child under 15 years of age in the vehicle and you are arrested for DUI, this changes the severity of the charges you are going to face. This falls within the category of Aggravated DUI, which includes some more serious consequences.

Another way to receive such an Aggravated DUI charge is to get arrested again after having at least two prior convictions for a DUI in the previous 7 years.

Lastly, if your license has been suspended or revoked, you should not be driving at all. If you get arrested for driving a vehicle for a DUI, you are facing an Aggravated DUI charge.

So an Extreme or Super Extreme DUI charge is a misdemeanor. An Aggravated DUI charge is a felony. Both a quite serious and the consequences are life changing. You will be able to start planning your defense. Find an excellent attorney in your community who is familiar with DUI cases. Make sure to investigate the reputation of the law firm to ensure you are going to get a good representation in the legal process.

Being charged with a DUI is a serious matter. You need to make sure that you are able to get the legal assistance necessary to keep your consequences minimized. No matter what type of DUI you have, this is essential to your freedom! Read more about the DUI case process and my legal services.

I can help you through this crisis. I personally answer my own telephone and will personally handle your case. Contact Robert A. Dodell, Attorney at Law, directly by email or by calling 480-860-4321 now for a free initial consultation.

You can find my office in North Scottsdale:

Robert A. Dodell, Attorney At Law Outside Front Office

Robert A. Dodell, Attorney At Law
10601 N Hayden Rd, #I-103
Scottsdale, AZ 85260
(480) 860-4321
http://www.azcrimlaw.com/

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Scottsdale, AZ 85260

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First Time DUI Offense in Arizona: Why You Need a Good Defense

If you are charged with a DUI offense, you need to know what the law is in that particular state. Arizona residents and visitors need to understand things like the blood alcohol content in Arizona, how much jail time they can receive and more. To learn a little bit more about Arizona DUI laws, you should read below and learn the ins and outs. The tips in this article will revolve around people who are first time DUI offenders, so consider these points.

 

#1: Hire a Great DUI lawyer

If you are charged with a DUI in Arizona, you should get in touch with many different DUI lawyers that practice in Arizona to know exactly what you can expect when charged with a DUI.  During your consultation, the attorney should explain the legal process and what the attorney can do for you. Ask about the cost for legal representation and payment options, so that you know that you’re able to afford a private attorney. Make sure we are comfortable with the attorney.  Will this attorney be handling your case or will the case be handed off to someone else?  Be sure the attorney will be available to answer all your questions when you have them.  Communication with your attorney is the up-most importance.

 

#2: Understand Arizona DUI laws

Each and every state has its own DUI laws, so as an Arizona resident or visitor that was charged, you need to learn as much as you can about how they handle these particular cases. Start by understanding the blood-alcohol content limits and the sentencing ramifications.  Also learn want this will do to your driver’s license and insurance rates. The effects of a DUI are quite onerous

 

#3: Be ready for the process

Since this is your first time being charged with a DUI, you need to do everything that you can to make sure that you are ready for the process and assist your attorney in the process. Get ready to appear in court and have your attorney fight and negotiate for you. This is why it is so important to hire a great lawyer, because you will be leaning on them and trusting them for a lot of the work that they do. Patience and knowledge of the process will go a long way toward helping you out during this time.

 

Some of the Fines, Costs and Penalties Associated With a First Time DUI Misdemeanor:

  • Up to $2500 in fines for the first offense
  • Screen tests and counseling classes up to $500
  • May need an ignition interlock device installation up to $1,200
  • Possible requirement to purchase SR-22 insurance – up to $3,000/year in additional insurance costs and maintain for 1-3 years
  • Driver’s license suspension of anywhere between 90 to 360 days
  • Possible probation
  • Possible community service hours
  • Possible jail time 1 Day to 6 Months
  • Getting charged with a second DUI or multiple DUI offenses, these fines and penalties become significantly harsher

 

These three tips outline exactly what you can expect from your first DUI if you are a resident or visitor to the State of Arizona. This is a great starting point that you should keep in mind so that you are able to make the most out of your case and get the proper DUI defense representation that you need. To make sure that this happens, follow these points the best that you can and be patient throughout the rest of the legal process.

These charges are very serious. You may be facing a misdemeanor DUI or a felony DUI depending on several factors during the DUI arrest. I can help you through this crisis. I personally answers my own phone and will personally handle your case. Contact Robert A. Dodell, Attorney at Law, directly by email or by calling 480-860-4321 now for a free initial consultation.

 

Robert A. Dodell, Attorney At Law
10601 N Hayden Rd, #I-103
Scottsdale, AZ 85260
(480) 860-4321

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