Eliminating Your DUI Record in Arizona

Many people who are convicted for driving under the influence want to know exactly when their record may be eligible for setting aside the conviction after all conditions of punishment are satisfied. The set aside is Arizona’s version of an expungement.

A criminal history in general can be a real ongoing problem for those convicted, and especially when the charge is for impaired driving. This can be a factor in obtaining employment and even eligibility for government services or housing when there is a drug charge connected to the DUI record.

Receiving a DUI citation is a watershed moment in the life of many and expunging the record can be of great importance for those turning over a new leaf in life. Luckily in Arizona, there is a path to cleaning up the record of your conviction after filing a petition to set aside.

dui law and eliminating a dui off your record

Preparatory Steps

The first element of requesting a set aside in Arizona is assembling all records associated with the case and proving all penalties have been satisfied as ordered by the court. This includes any probationary period that was ordered following the charge or parole in the event of significant jail time.

The seriousness of the charge can have an impact on a judicial decision. The court is not required by law to approve setting the record aside, which is what happens in Arizona. Many states seal the record from public view, but Arizona actually dismisses the case after the convicted defendant presents an organized request for dismissal based on their personal rehabilitation.

It is vital to be prepared if you want to make a successful set aside request. For your DUI Arizona set aside, you will typically need records proving:

  • Paid fees and fines
  • Completed probation or parole periods
  • Jail sentence completion
  • Completing mandatory alcohol and / or drug education classes
  • Completing interlock ignition device order periods

Supporting Testimony

Another component of a set aside in Arizona is the allowance of personal testimony from people within the local community supporting the claim of rehabilitation. This can include anyone from police officers to clergymen or city council members, or practically any other member of the community who can attest to a new direction in life for the petitioner.

The purpose of the set aside in Arizona is based on the concept of a fresh start, but the court maintains that a fresh start must be earned beyond completing the required conditions of punishment. Having an experienced Arizona set aside attorney preparing your request means you have a legal professional representing the case who understands what the court will accept as proof of rehabilitation.

Importance of a Waiting Period

There is no statutory waiting period for set aside eligibility in Arizona, unlike many other states. Sealing a record is generally routine in some states, as each conviction is assessed individually.

Subsequent personal criminal activity does not necessarily affect the sealing of some records in other states. This is not the situation in Arizona. However, a reasonable amount should pass from the completion of the sentence to show you have been rehabilitated..

Any run-ins with law enforcement from the date of offense till the filing of the set aside, can have a major negative impact for those striving for a DUI set aside. A successful set aside for an adult will “release” the individual for “all penalties and disabilities resulting from the conviction.”

While it is not absolutely necessary to have an Arizona DUI lawyer preparing and representing a set aside, it is by far the most effective method for a successful petition. There are specific details that must be provided when the request is filed, and the court is not obligated to even grant a hearing when certain legalities prohibit the ruling. The attorney you choose can be the ultimate difference between an approved setting aside of the record and a court denial.

Anyone who is seeking an Arizona DUI conviction to be set aside should contact the law office of Robert A. Dodell, Attorney at Law, in Scottsdale for more information.

The following blog post Eliminating Your DUI Record in Arizona was first published to (www.azcrimlaw.com) Robert Dodell

Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

Unexpected Ways a DUI Can Impact Your Life

People know that a drinking and driving conviction will limit a driver’s freedom – due to mandatory jail and driver’s license restrictions. But it hardly ends there. The decision to drive while intoxicated is a decision that will have ripple effects impacting not only your life but also your loved ones.

Does a DUI Mean that Your Life’s Over?

No, the impact of a DUI on your life does not necessarily cripple your day-to-day living and work, but it is going to be a mess for a while.

The first time you’re convicted, it can cost you thousands. You may need to post bail; you need to get an attorney, skip work to attend court hearing, and, if convicted, pay a steep fine, spend time in jail, go to DUI classes, pay for an installation of a breath-testing ignition interlock device, and also pay for it to be removed. if you’re hoping to get a good job in the future, you should know that one attribute employers search for in applicants is good judgement. DUI, if nothing else, indicates poor judgment with potentially fatal consequences.

It can be unfair to judge a person based only on one a DUI conviction, but you must also understand that employers will think twice about giving you a chance if they have better alternatives in other applicants.

Ways DUI Can Impact One’s Life

DUI can impact your life in many other ways:

  • Public Humiliation – After the arrest, your mugshot will be taken when you are processed in a jail. This may be reported on in a small town or if you are a person of note. The event will certainly be recorded and will stay on your record for many years, or even forever.
  • Stress – Expect to be stressed out over this.  You will naturally worry about how this will affect your life, your family relationships, your job.
  • Interlock Installation – The installment fee and the monthly fees for the interlock will undoubtedly cause considerable pressure on your pocketbook. However, even with all the hassle and the financial consequences, the device is designed to prevent you from driving with alcohol in your system.
  • Child Custody – Fighting for children custody on an ongoing divorce case? Don’t expect the judge to look kindly on you. A DUI is a red flag that tells the court you may be an irresponsible parent.
  • Insurance – A DUI tells your insurance company you’re a risky driver. Three possibilities for consequences involving insurance are:
    1. Cancellation of coverage
    2. Raising of rates
    3. A requirement that you purchase “high-risk” car insurance
  • Employment – Your employer has the option to fire you, especially if you are working in a field where reputation is of utmost value or if you drive for work. In the future, you may be looking into gaining a license for a different line of work. A DUI could jeopardize your chances of getting such a license, and it will be more difficult to get into sensitive areas like law, finance, and medicine.
  • Travel – You may be prohibited to enter certain countries, even for a simple first-offense misdemeanor. Canada is one of those countries. Even if you have obtained a visa, you may end up being detained and deported.
  • Hefty Price Tag – For those who are unaware, a DUI conviction comes with a huge financial cost.

DUI Penalties in Arizona

In Arizona, the blood alcohol concentration limit is 0.08. Anything above this warrants a DUI arrest. For commercial drivers, the limit is even lower at 0.04, and for people under 21, any alcohol detected can cause the driver to be arrested and charged.

For first offense standard misdemeanor DUI (BAC below 0.15%):

  • Jail term of 1 to 10 days
  • Suspension of license: 90 – 360 days
  • Approximately $1500 in files, surcharges and assessments

Second offense standard misdemeanor DUI (BAC below 0.15%):

  • Jail term: 30 to 90 days
  • Suspension of license: 1 year
  • Approximately $3500 in fines, surcharges and assessments

Third offense:

  • At least four months in prison
  • License revocation: 1 year
  • Approximately $4700 in fines, surcharges and assessments

Robert A. Dodell Law Office

If you are arrested for DUI in Arizona and don’t know the best steps to take, call Robert. He is an experienced criminal defense attorney in the State of Arizona. He will fight for your rights with an aggressive legal defense.

Unexpected Ways a DUI Can Impact Your Life was first seen on https://www.azcrimlaw.com

Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

Appealing a Criminal Conviction in Arizona

If a defendant is found guilty of a crime in a jury trial in Arizona, they will likely wonder what their next step should be. Well, when someone receives a criminal conviction, it isn’t always the end of the story.

The law has built-in safeguards designed to protect anyone who has been wrongfully convicted of a crime.

arizona criminal conviction appeals

 

New Trial Motion

Often the first step is making a motion to the court for a new trial. The convicted defendant in Arizona has the right to request a new trial within ten days after the entering of their verdict as guilty. A judge also has the discretion to request a new trial on their motion when a defendant is found guilty and sentenced to death. In this case, the defendant must also agree to the new trial.

Reasons For Granting A New Trial

A new trial may be granted if it is established that the verdict goes against the evidence presented at trial or against the law. It may be possible to show that the ruling was significantly prejudiced against the defendant. A defendant can show they did not get a fair and impartial trial based on one of several aspects. It may be possible to establish there was misconduct on the part of the prosecutor, the jury, or even the defense.

Misconduct of the Jury

Jury misconduct can take many different forms.

*Determining the verdict by lot and not from deliberation
*Accepting some type of bribe
*Basing the verdict on evidence that was not properly presented at trial or was stricken from the record
*Being intoxicated at the time of deliberations
*Making false statements when the jury was selected
*Talking to any of the interested parties about the case prior to a verdict

Motion To Vacate Judgment

This can happen when new evidence is discovered that would have changed the outcome of the trial. It may also be determined that the verdict given violated either the law of Arizona or the United States. Under these circumstances, the defendant can file a Motion to Vacate Judgment. This type of motion is required to be filed within sixty days after the entering of a judgment. In this situation, it may also be possible to file a Motion for Modification of Sentence. This must also be filed within 60 days after a judgment is entered.

Motion to Correct Record

It is possible mistakes could be made when it comes to turning a verbal order into writing or when copying information to a docket. Should a court clerk make an honest mistake in judgment, in the verdict, or other areas of the record, as well as any mistakes that are an obvious oversight, the defendant has a right to file a motion that would correct the record. This type of motion can be brought at any time. Should this type of motion be brought after the trial and be denied, it is still possible for a defendant to appeal the motion denial, the original verdict, or both.

Appeal Process

In an appeal, the defendant will be known as an appellant. Once their appeal has been docketed, an appellant will then file a brief. This brief will explain the history of their case, including everything that occurred when the case was in the lower court. It will also explain why the decision went against the law. The State of Arizona will then file an Appellee’s Brief on felony convictions.d. This will challenge the appellant’s arguments. The appellant may be permitted to file something shorter known as a Reply Brief. Once this is done, the Court of Appeals will determine if oral arguments will be permitted. In these cases, oral arguments are often short. An appellant must include everything they want to be considered in their brief. Once the hearing takes place, no new arguments will be permitted.

Writ of Habeas Corpus

The last action someone can take who believes they’ve been mistakenly convicted of a crime is to file a Petition for Writ of Habeas Corpus. This is often done after all other possible appeals have been exhausted. It’s a process that may challenge the legality of the defendant’s conviction, arrest, or condition of their imprisonment. If a court finds the detention of an individual by the state of Arizona is unlawful, that individual must be released.

When an appellate court reviews a case, they are only evaluating the application of the law. With an appeal, there is no jury. An attorney won’t be able to provide witnesses or any other type of evidence. The court will make its determination based on the facts disclosed during the trial. This may change if there is a factual finding that obviously goes against the weight of the evidence. Anyone attempting an appeal will need to speak with an experienced criminal attorney. They will know how to obtain the best possible results.

 

Appealing a Criminal Conviction in Arizona is available on www.azcrimlaw.com/

Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

What Happens If You Violate Coronavirus Lockdown in Arizona?

States and cities have the power to mandate whether residents must stay home, and which businesses may remain opened or closed in response to the coronavirus. The governor’s order requires residents to limit their time away from home except when they engage in essential activities. In Arizona, essential activities include working essential jobs and exercising.

Hiring a Criminal Lawyer to Represent You

Law Enforcement is Instructed to Warn Before Arresting

If you fail to comply with the lockdown order, you may face criminal penalties. However, law enforcement has been instructed to provide residents with an opportunity to comply with lockdown orders before they perform an arrest. The governor of Arizona has expressed concern over protecting the civil liberties of Arizona residents and wishes to strike a balance.

Lockdown Violations are a Class 1 Misdemeanor

Law enforcement is empowered under A.R.S. § 26-303(E)(1). The violation of a lockdown order is a Class 1 misdemeanour. You might face fines and up to six months in prison.

The law enforcement officer must first inform you of the requirements and give you a chance to comply with the new shutdown orders. They also cannot ask for your papers or proof that your activities are justified. If the officer does choose to seek criminal charges, you are unlikely to face jail time and will more likely be issued a citation to appear in court. You will most likely pay a fine.

Health Department Regulations

The governor also provided the Department of Health Services with the power to create regulations. Violating some of these regulations would be considered a Class 3 misdemeanor and may involve fines and jail time in rare cases.

Related Misdemeanors You May Be Charged With

If you place others in danger, you may face more serious penalties. For example, the Arizona criminal code has a section called “Offenses Against Public Order”. This includes conduct that is “unreasonable under the circumstances”, and “recklessly creates a condition that endangers the health or safety of others”. Those who violate this have committed a Class 3 misdemeanor. Also, if you injure the health of someone else, this is considered a Class 2 misdemeanor.

For those who receive a Class 2 misdemeanor, you may be imprisoned for up to four months. For those who committed a Class 3 misdemeanor, you may be imprisoned for up to 30 days.

Consequences

If you are arrested for violating the lockdown order, you may want to contact a lawyer. The last thing you want on your record is a misdemeanor charge. Not only can the fines and possible imprisonment substantially disrupt your life, but you will have a criminal record regardless of how minor the crime was.

This record will always follow you, and some employers have blanket bans on any type of conviction. A college admissions office may also learn about the misdemeanor and deny your application as a result. Landlords will sometimes deny an applicant when they discover a misdemeanor on their record. It is vital for anyone being charged with a misdemeanor to do their utmost to try to avoid being found guilty.

Legal Defenses

To avoid a criminal record for a lockdown violation, you could argue that you were engaging in an activity allowed under the lockdown orders. For example, you are allowed to exercise and walk your dog as long as you follow social distancing rules. You may also be accused of not staying at home when you were actually on your property during the incident.

You may face criminal charges if you have a gathering of more than ten people. However, your defense may allege that one of the individuals in the gathering was not supposed to be a part of the gathering or was not close enough to the rest of the group to be considered a part of the group.  Another defense crafted by a criminal lawyer against the violation may be that you were placed under duress or coercion. Any threat of intended harm to force you to perform an action would be considered duress. You may have also violated the lockdown order as an act of self-defense.

With Robert A. Dodell, Attorney at Law, you will be able to obtain the services of a knowledgeable attorney to help you defend against the charges.

What Happens If You Violate Coronavirus Lockdown in Arizona? was first published on https://www.azcrimlaw.com/blog/

Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

When is Self-Defense Justified in Arizona?

When you find yourself in a self-defense situation, you may assume that you can defend yourself to the fullest extent allowed by law.   However, if you attempt to claim self-defense after a violent or deadly encounter, you will discover that there are limits to self-defense and you may even face criminal charges if you go too far.

Arizona has self-defense laws referred to as “stand your ground” laws, and you will have the opportunity to defend yourself without being forced to retreat. You may also use threats instead of force. If someone were to start punching you, Arizona law permits that you punch them back until they are no longer a threat. However, the use of unreasonable force may open you up to civil liability.

Threatening or Intimidating Criminal Defense

You are allowed to defend yourself against physical force, and you may use physical force to stop:

  • Arson
  • Burglary
  • Kidnapping
  • Manslaughter
  • Murder
  • Child molestation
  • Sexual conduct with a minor
  • Armed robbery
  • Aggravated assault

In some cases, you will not be charged at all if the law enforcement officer and prosecutor finds that you were clearly acting in self-defense. However, if you are arrested, the prosecution must prove beyond a reasonable doubt that you did not use justified force.

Castle laws exist in some states and allow a resident to use lethal force if someone enters their home. While Arizona does not specifically have a castle law, statutes permit residents to use lethal force when an intruder breaks into your home.

When You May Not Use Physical Force

Physical force may not be used in certain circumstances. You must not use physical force if the other party issued a verbal threat. Instead, it must be a threat of physical force that is imminent or the other party must threaten to commit a crime. You are not allowed to use self-defense when the other party using force is a law enforcement officer. The police are granted special privileges to allow them to do their jobs including the option to use physical force.

You must avoid using deadly force unless you had a reasonable fear that your life was in danger, and you should only use deadly force as a last resort. The police will likely charge you with a crime if you injure or kill an innocent third party in the process of engaging in self-defense.

Some self-defense cases involve provocation where you may have encouraged the other party to attack you by taunting them. Under these circumstances, you may not use self-defense as an argument. However, if you may communicate a clear intent to withdraw and you may then claim self-defense if the other party continues to use force.

Why You May Need an Arizona Criminal Attorney

Even when you believe you are lawfully acting in self-defense, the prosecutor may describe a different version of the events. You will need an experienced Arizona criminal defense attorney to help you. Robert A. Dodell, Attorney at Law, may find an expert witness to assist in the self defense claim. To prove that your act of self-defense was justified, your defense attorney, Robert A. Dodell, will interview witnesses and call on them to testify.

Some cases can test the limits of the law. For example, you may have shot the other party while he was choking you. Because the judge and jury ultimately decide whether your use of force was justified, always be hesitant to use deadly force unless you believe that your life is in danger. You will need a lawyer in self-defense cases because the laws in any state are subject to change and you will need to craft a defense based on facts of the case, current laws and available precedent. Contact Robert A. Dodell, Attorney at Law, for help.

The following post When is Self-Defense Justified in Arizona? was originally published on AZCrimLaw and associates

Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

Understanding Domestic Violence Charges in Arizona

In Arizona, the definition of domestic violence (DV) is quite broad. You won’t find this charge as its own crime in state laws. Instead, you will face a DV penalty in addition to underlying charges for other acts if you have a domestic relationship with the alleged victim.

rise of domestic violence in arizona

The domestic violence designation could apply to multiple underlying crimes, including the following:

  • Criminal damage or trespassing
  • Disorderly conduct
  • Physical, sexual, or aggravated ssault
  • Endangerment
  • Harassment
  • Kidnapping
  • Negligent homicide, manslaughter, or murder
  • Stalking, intimidating, or threatening
  • Unlawful imprisonment

Your Relationship to the Victim Determines Whether DV Applies

To meet the state’s definition of domestic violence, you need to have a specific relationship with the other party involved. Keep in mind that these types of charges apply to more than just legally married couples.

If you have or have ever had a romantic relationship with the victim, lived with the victim, or if you have a child together, your relationship qualifies. Domestic violence charges can also apply to crimes committed against blood relations, relatives by marriage or court order, and children in your home who are related to your spouse or roommate.

When you’re unsure whether your relationship with the victim makes DV charges applicable, contact Robert A. Dodell, Attorney at Law, for assistance.

Penalties You May Face

Since Arizona charges for domestic violence along with the crime it involves and not as a crime on its own, the penalties stem from those given for the base crime. However, if your original charges come with DV charges, you will receive additional penalties on top of what you would receive for the base charges. This means that, when your conviction involves domestic violence, you could serve more jail time,  undergo mandatory DV counseling, and experience other negative consequences.

The exact domestic violence penalties you will face depending on what you are charged with. If, for example, you’re charged with a Class 3 DV misdemeanor, you could face up to 30 days in jail and a maximum fine of $500. However, if your case involves serious bodily injury sustained by the alleged victim, that’s a Class 3 dangerous felony that carries a sentence of up to 15 years in prison, and fines up to $100,000.

Multiple convictions for crimes with a domestic violence charge can increase your penalties, too. Being convicted of a DV crime three times or more over a period of 84 months in Arizona is a Class 5 felony, making you subject to fines and a prison sentence of up to 2.5 years.

The Domestic Violence Legal Process

In Arizona, the state has up to one year to file a charge against you for alleged domestic violence if it’s a misdemeanor. For felonies, the state has up to seven years. Once you are officially charged, it is best to enter a “not guilty” plea. Here, it’s wise to speak to an attorney about how to proceed. Your attorney will help you during this time and offer you guidance, advice, and a realistic outline of your case.

The legal process is not an easy one for domestic violence charges. While you can attempt to handle your case on your own, this could result in a worse outcome than if you had legal representation.

I am Here to Help

An experienced attorney like Robert A. Dodell, Attorney at Law, can help you craft a defense strategy that is appropriate for your situation. There are many possible defenses to domestic violence charges including that the wrong party is being charged, self-defense, acts in defense of someone else, false accusations, police misconduct, and lack of evidence. The right approach in your case could lead to reduced charges or even a dismissal of your case altogether.

When you are facing serious charges, contact an attorney for assistance as soon as you can. Being convicted of a serious crime will impact your life for many months and even years to come, and your very freedom could even be on the line. In this type of situation, you simply can’t afford to leave anything about your case to chance.

Understanding Domestic Violence Charges in Arizona See more on: https://www.azcrimlaw.com

Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

Some Key Facts Concerning Motorcyclists in Arizona

As a former prosecutor and an experienced criminal attorney, Robert A. Dodell, Attorney at Law, offers zealous representation in DUI cases involving motorcyclists. The Scottsdale-based law firm offers useful educational information for the public about DUI’s and motorcycles in the Grand Canyon State:

Key Facts Concerning DUIs

Six Key Background Facts About Arizona Motorcyclists

  1. The State of Arizona specifically licenses drivers of motorcycles. These individuals apply to receive an “M” class license endorsement. The standard M license expires at age 65, although drivers must renew the photo and eye exam portions of the application at 12-year intervals. Applicants for an M class license endorsement age 60 or older receive a five-year motorcycle license.
  2. Arizona registers motorcycles. The Statista website estimates some 170,240 registered motorcycles operated in Arizona during 2018 alone. In 2020, a registered motorcycle exists in Arizona for every 36 people in the population. The state ranks 29th in terms of motorcycle ownership nationwide.
  3. Arizona promulgates specific traffic regulations for motorcycles. These provisions allow a motorcycle to use a complete traffic lane. However, state traffic regulations also permit motorcyclists to ride in a two abreast formation. Motorcycle riders cannot ride with more than two motorcycles abreast, however. Additionally, they cannot pass an auto in the same lane, or drive between adjoining rows of autos.
  4. Motorcyclists in Arizona must carry liability insurance. As of 2014, Arizona required motorcyclists to carry specified minimum levels of liability insurance to protect against property damage and physical injuries.
  5. Motorcyclists must meet specific requirements to transport passengers. Both the driver and passenger require their own seats and footrests. ARS 28.924.B specifically requires that motorcycles in Arizona possess functional headlamps.
  6. Motorcycle safety poses a big concern in Arizona. Between 2016 and 2017, Arizona departed from national trends by witnessing an upturn in motorcyclist traffic fatalities. Some 165 motorcycle deaths occurred in Arizona during 2017, an increase of 14.6% over the previous year.

DUI’s And Motorcyclists in Arizona

  1. Arizona maintains an Implied Consent Law. It impacts all drivers in the state, including motorcyclists. The law requires drivers arrested for driving under the influence (DUI) to consent to a blood alcohol or drug content testing as a condition of retaining one’s driving privileges. Refusing the test (or failing to cooperate in its completion) automatically results in the loss of driving privileges.
  2. DUI laws apply to Arizona motorcyclists. The regulations prohibiting DUI in Arizona apply to motorcyclists as well as automobile drivers.
  3. Arizona prohibits any alcohol blood concentration levels for some drivers. Drivers (including motorcyclists) under age 21 who have arrested for DUI risk the suspension of their license with the detection of any concentration level of alcohol in the bloodstream.
  4. Motorcycle DUI’s in Arizona carry steep penalties. A first DUI conviction results in a minimum 10-day jail sentence, with 9 days suspended, and a fine of at least $1,500. A defendant convicted of this offence must undergo substance abuse or alcohol counselling.  Arizona requires the modification of the ignition to include an interlock device to prevent impaired driving. A second subsequent offence carries a jail sentence of at least 90 days in jail, with 60 days suspended, and minimum fines of at least $3,500, along with the mandatory substance abuse or alcohol counselling.
  5. Extreme DUI carries elevated penalties. Defendants with a blood alcohol content of 0.15 or above incur significant penalties and fines for DUI.
  6. Super-extreme DUI carries even greater elevated penalties. Defendants with a blood alcohol content of 0.20 or above incur ever-greater penalties and fines for DUI.
  7. An Aggravated DUI conviction, which is a felony, carries prison time. An aggravated DUI arises in four specific circumstances:
    1. Refusing a DUI blood test or committing a DUI while currently subject to an ignition lock requirement
    2. Previously convicted of a DUI two times within a 7-year period
    3. Committing DUI with a suspended, cancelled, or revoked license
    4. Committing DUI while transporting anyone under age 15
  1. Arizona may require a certified interlock ignition manufacturer to install a motorcycle ignition lock. This process increases the overall costs of incurring a motorcycle DUI in Arizona.

Find a Knowledgeable DUI Attorney

Motorcyclists facing DUI charges in Arizona can sustain potentially serious consequences if convicted. Thus, it generally makes sense to seek experienced, skilled representation in this type of case. To discuss your case with an aggressive criminal defense attorney, speak with Robert A. Dodell, Attorney at Law. Contact him through his office in Scottsdale, or by calling 480-860-4321 to request a free initial consultation.

Some Key Facts Concerning Motorcyclists in Arizona was first seen on (www.azcrimlaw.com) Robert Dodell

Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

Arizona Age Of Consent: Some Important Facts

There are multiple elements in law that have an effect on the outcome of cases. One of the major factors always considered is the age of the people involved in the case. One of the most classic applications of age in legal matters is the age of consent.

This has placed countless individuals in Arizona and beyond into legal trouble, both justified and otherwise. Given its sensitivity, it’s appropriate that we further discuss the age of consent in the state of Arizona and what it means for those who are facing cases where age affects what they can be charged with and even whether their actions were a violation of the law.

Police Misconduct

The age of consent is defined as the minimum age when a person is considered old enough to participate legally in any sexual activity. Age of consent differs from state to state. In Arizona, the age of consent is set at 18 years old. This means that a person who is 17 years old or below is not considered legally able to consent to sexual activity. This is because they are not yet considered an adult.

Even if the person involved consented to the sexual act, if they are 17 years old or below, their partner can be implicated in a crime if they engage in any sexual act with them.

Interestingly, these statutory offences make any sexual conduct a crime if one is not at least 18 years of age.  This is actually relatively common in the practice of criminal law. This is due to multiple factors and it doesn’t necessarily involve adults with sexually predatory behaviors. As long as one of the parties involved is below the age of consent, their partner could potentially be charged with a sex crime, especially if their parent or legal guardian takes issue with the action.

It is a relatively common occurrence for a number of reasons. First, both men and women under the age of consent may be involved in sexual acts, willingly or otherwise. Also, sexual experimentation and promiscuity are high in America, even at a young age.

Those who can file charges for a sex crime include the minor himself/herself and their parents/guardians. Regardless of the reason for such charges, the consequences for the accused can be severe: it can even be filed as a felony charge, depending on factors such as the age of the child (the lower the age below the age of consent, and the wider the age difference, the harsher the penalties are), the presence of exploitation, coercion, and/or harassment, and involvement with other criminal acts (pornography, prostitution). Potential charges can increase further depending on these factors.

The committing of a sex crime that involves minors, is heavily condemned worldwide for good reason. However, it must be recognized that not everyone who is charged with such a crime is rightfully indicted. A lot of these cases are filed as an act of retaliation, either by parents who do not agree with their child entering a relationship at a young age or someone who wants to get revenge on an ex. Because of the severe punishments involved in sexual acts committed under the age of consent, legal intervention is necessary to settle such cases fairly.

Both the accuser (the person under the age of consent and/or their representatives) and the defendant (the person accused of being involved in sexual acts with a person under the age of consent) have the right to proper legal representation in such cases. That means getting the right criminal attorney to represent them in the process of resolving such cases.

If you are dealing with a case involving the Arizona age of consent, the best thing you can do is to ask for legal advice. Get legal assistance here at Robert A. Dodell, Attorney At Law. A lawyer for more than 30 years, my practice focuses on criminal law. I can provide legal assistance in Scottsdale, Tempe and Mesa. for those who are either pushing a case on violation of the age of consent, or those who are being charged in such cases and feel that they are being wrongfully accused.

Visit my office, call me, or visit my website to know more about my services or to set up an appointment. I am ready to help you out with this and other cases where the help of a criminal lawyer is needed.

If you want to know more about the services of Robert A. Dodell, or set up an appointment, you can visit my office at 10601 N Hayden Rd, #I-103, Scottsdale, AZ. You can also call me at (480) 860-4321 or send an email to Robert@AZcrimlaw.com.

Arizona Age Of Consent: Some Important Facts Read more on: Law Offices of Robert Dodell

Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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Can I Get a DUI If I Am Not Driving?

Driving under the influence, also known as DUI, is a criminal offense that cuts across all parts of society. Driving under the influence of alcohol or illegal substances is a bad idea in any part of the globe, mainly because of the potential of causing harm or death to yourself and others.

This is especially so in Arizona, a state boasting arguably the toughest DUI laws in the United States. One of the most common questions I receive is if it is possible to get a DUI when you aren’t driving. In this article, I will try to answer this question and provide other handy info on the state’s DUI laws.

The short answer to this question is “Yes”, you can still get a DUI offense even when you are not driving. This is made possible by the clause in DUI law known as “actual physical control”. This part of the law states that, if you are in actual physical control of a vehicle, even when you are NOT driving it, you can be charged with, and possibly convicted for, a DUI.

Whether the person is in “actual physical control” or is driving, Arizona’s severe penalties are the same.  It is still a major inconvenience that has affected many people based on our experience in handling these cases.

So how does “actual physical control” come into play? Actual physical control can be invoked when your car is running, regardless of which seat you are in at the time of the apprehension. You can also be considered to have physical control of the vehicle even when the engine is turned off. If the car keys are slotted in the ignition (even when the car is not running) and/or you are sitting at the driver’s seat, you can be charged with a DUI as well. Also, being at the driver’s seat and having possession of the keys (ex.: in your pocket) can also be grounds to suggest you had physical control of a motor vehicle.

There are other situations surrounding your arrest that can further increase your chance of being given a DUI charge, even when you are not driving. If your car is parked at an inappropriate spot, like in the middle of the road, you are more likely than not going to be assumed to have parked it while inebriated.

If your car is obstructing someone’s private property or your presence is preventing another car from moving, you’re more likely to be flagged for a DUI. The worst thing is getting involved in an accident, even when your car is not moving.

You cannot be charged with a DUI if you do not have alcohol or other illicit substances in your system. A DUI in Arizona is filed if you are in actual physical control or in the operation of a motor vehicle and (1) impaired to the slightest degree by alcohol or drugs, (2) have a  blood alcohol concentration is measured at .08% BAC and above, or (3) have any illicit drugs in your system. So, how can you avoid incurring a DUI offense? Make sure to not drive with alcohol or drugs in your system. For everything else, it would be best to know your rights as a defendant.

You can be indicted with a DUI if you are in possession of a motor vehicle and intoxicated. However, it must be ascertained first that you are indeed driving or in actual physical control of the vehicle and that you are acting inappropriately on the road.

So, there you have it. Even if the terms may sound counter-intuitive, it is indeed possible that you can be charged with a DUI when you are not driving. If you are dealing with a DUI case and/or have been implicated in one, then you need legal help to protect your rights and keep your criminal record clean.

The help of a criminal lawyer will prove valuable in such situations. You can get the legal help you need right here at Robert A. Dodell, Attorney At Law. With over 30 years of experience in criminal law, Attorney Dodell knows how to defend DUI cases in Tempe.

If you want to know more about the services of Robert A. Dodell or you want to set up an appointment, you can visit the office at 10601 N Hayden Rd, #I-103, Scottsdale, AZ. You can also call me at (480) 860-4321 or send an email to Robert@AZcrimlaw.com.

Can I Get a DUI If I Am Not Driving? was originally published on write up on the Robert Dodell Blog

Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

Domestic Violence Charges Defense in Mesa AZ

Domestic violence charges should always be taken very seriously. Arizona laws are very aggressive about domestic violence charges, and the penalties associated with these charges are severe. The State has the authority to charge and prosecute a person for domestic violence even if the alleged victim does not wish to pursue the case.

Robert A. Dodell, Attorney at Law, provides criminal defense representation for anyone who has been charged with or is under investigation for a domestic violence crime. I understand that being convicted of this serious charge could change your life. I make sure that your rights are protected, and your side of the case is heard.

Domestic Violence Crimes Cases We Have Defended

There are many crimes that could be charged as domestic violence. The crime is the underlying charge; domestic violence is a qualifies that crime. Domestic violence is almost any criminal act of abuse committed by one “family or household member” against another. The crimes are not all violent in nature. Examples of such crimes include:

  • Assault
  • Assault with a deadly weapon
  • Trespass
  • Disorderly Conduct
  • Threatening or Intimidating
  • Endangerment
  • Violation of Restraining Orders
  • Harassment
  • Sexual assault
  • Abuse of a child or vulnerable adult
  • Unlawful restraint, unlawful imprisonment, or kidnapping
  • Stalking and
  • Manslaughter
  • Homicide

The penalties increase when the crime is one of domestic violence.. Make sure to protect your rights and seek legal representation.

Penalties for Domestic Violence Conviction

If you’re convicted of domestic violence as a first-time offender without any additional charges, you can expect the following penalties:

Misdemeanor Convictions:

  • Class 3 – Up to 30 days in jail and/or a fine up to $500
  • Class 2 – Up to four months in jail and/or a fine up to $750
  • Class 1 – Up to six months in jail and/or a fine up to $2,500

Felony Convictions

  • Class 6 – Prison term ranging from four months to 2 years, with a presumptive term of imprisonment for one year
  • Class 5 – Prison term ranging from six months to 2.5 years, with a presumptive term of imprisonment for 1.5 years
  • Class 4 – Prison term ranging from one year to 3.75 years, with a presumptive term of imprisonment for 2.5 years
  • Class 3 – Prison term ranging from 2 years to 8.75 years with a presumptive term of imprisonment for 3.5 years
  • Class 2 – Prison term from 3 years to 12.5 years, with a presumptive term of imprisonment for five years

If multiple charges or additional charges have been levied against you, you can expect more severe penalties.. If you have been previously convicted of any felony, you can expect an even substantially greater penalty as allowed by law..

Consequences of a DV Case Conviction

A domestic violence conviction will have many personal consequences outside of court penalties. If you are convicted of this charge, you may also face:

  • Limited visitation with your children
  • Loss of your rights for gun ownership
  • Notification of the conviction to professional licensing boards
  • If convicted of a felony, you may need to disclose this information on job and rental applications

A conviction of domestic violence will also place strain on personal relationships with friends and family, cause problems at your place of employment, and impact chances for job growth.

Why You Should Hire Robert A. Dodell, Attorney at Law

Attorney Robert A. Dodell understands the seriousness of facing a domestic violence charge. I understand that a conviction will affect all areas of your life and that having good legal representation will make a difference in the outcome of your case.

My law firm is compassionate and understanding. I am not here to pass judgment. I am here to protect your rights and help you build a solid case for your defense. I am here to make sure that your side of the story is heard and that your evidence is examined. I am here to protect your Constitutional right to a fair trial.

My law firm will investigate your case thoroughly and help you build a good defense for the charges against you. I will:

  • Review the arrest record and the events leading to the arrest
  • Interview witnesses
  • Review all evidence against you
  • Review all evidence in your favor
  • Aggressively represent your case in court

There is no reason that you should ever face the court alone with such serious charges. Contact Robert A. Dodell, Attorney at Law, for quality criminal legal representation.

Domestic Violence Charges Defense in Mesa AZ is republished from Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m