Can You Go to Jail for Disorderly Conduct in Arizona?

Disorderly conduct does not pertain to a single type of action. Instead it may involve different actions that can be generally considered as unruly. Among the more common acts that usually result to a disorderly conduct allegation is arguments and public drunkenness.

A disorderly conduct charge should never be taken lightly. After all, without a good defense, you can land in jail. To make sure that all facts are considered and the best possible defense is presented on your behalf, you should have an experienced lawyer like Robert A. Dodell, Attorney At Law, by your side.

Common Causes of Disorderly Conduct Charges

If you’ve had a little too much to drink, and things get out of hand, you can most likely expect a disorderly conduct charge. Loitering, disturbing the peace, and provoking another person with a threat are also common causes of disorderly conduct accusations.

Simply put, any kind of disruptive public behavior may prompt police officers to apprehend you for disorderly conduct. This is why a lot of people think that disorderly conduct is a “catch-all” offense. It’s comprehensive and subject to interpretation.

While alcohol is involved in a lot of cases, there are also many non-alcohol related types of disorderly conduct – but there is always disruptive behavior. Examples include public use of obscene language, firing a gun near public roads, and threatening another person in a public place, among others. By public place, it means the general public has access to the place, even if it is a private property.

What to Expect When Nabbed for Disorderly Conduct

The arresting officer can issue you a citation to appear in court, But the arresting officer can, instead, can take you to the police station and process the disorderly conduct charge. You will be photographed, and your fingerprints will be taken. You will then be brought to a holding cell where you will wait until your paperwork is processed, which may take a few hours. Once it is done, you will be allowed to go home and wait for your court date.

You will need to attend your court date. The attorney for the City will seek punishment for your behavior. That will depend on various factors including your prior offenses (if any), severity of the case, and where and with whom the act happened. Disorderly conduct, is a misdemeanor offense, and any conviction for this charge will result in a criminal record, no matter the penalty.

Since this is a misdemeanor, you may be meted a bigger fine and even some jail time, which can be up to 6 months.

Discretion of the Judge

A disorderly conduct charge, at trial, is typically anchored on the judge’s discretion as to whether the behavior fits within the broad definition of disorderly conduct. Disorderly conduct cases can be won at trial. But if convicted, the judge may opt to give you a reduced punishment if it is your first offense. You may only be required to pay a fine or render community service hours, and not be sentenced to jail. Repeat offenders are treated more harshly.

The judge will also take your character into consideration, and weigh all the case’s facts. Disorderly conduct shown at a race track or ballpark may bring lighter penalties than when done in a hospital or school.

When facing a disorderly conduct charge, it is best that you immediately contact an experienced lawyer like Robert A. Dodell, Attorney At Law. This will help you get the best possible results for your case.

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DUI Attorney Scottsdale – Criminal Lawyer – Serving Tempe & Mesa, AZ | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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How a Defense Lawyer Can Help You Keep Your License

You put your own life and the lives of others at risk the moment you decide on driving while intoxicated. That is why it is illegal, and once you are arrested for DUI, you can expect to face a long legal process. Thus, it is best that you have a competent lawyer like Robert A. Dodell, Attorney At Law, by your side throughout the process.

 

When You Should Hire a DUI Lawyer

A lot of DUI offenders go through their cases without the benefit of legal representation. However, because of the gravity of the crime, it would be difficult to go through the process on your own. You should consider getting the services of a good DUI attorney.

 

Reasons to Get the Services of a DUI Attorney

DUI attorneys like Robert A. Dodell are experienced in  dealing with drug and alcohol-related charges. They can help you get the best possible results for your case. A DUI attorney will navigate the confusing legal process and work toward a dismissal.  The attorney should also assist in dealing with the driver license suspension or revocation, vehicle impoundment, and alcohol program.

 

What Your Prospective Criminal Defense Lawyer Must Have

When searching for the right lawyer to work with, you should consider the following factors:

  • Familiarity with the Arizona DUI/DWI laws
  • The number of cases similar to yours that the lawyer has been involved with in the past
  • Your comfort with the attorney
  • The fees they charge for their services
  • How much involved will the lawyer be in your case, or the amount of work he will handle directly – You’d prefer a lawyer who would be involved directly in most if not all the court proceedings, instead of merely passing the duty to his associates.
  • The lawyer’s relationship to the prosecution side

 

It is important that you work with an experienced Arizona DUI lawyer like Robert A. Dodell, Attorney At Law, to fight for your side.

 

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DUI Attorney Scottsdale – Criminal Lawyer – Serving Tempe & Mesa, AZ | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

What to Expect With a 2nd DUI Offense in Arizona

When you commit a 2nd DUI offense within 7 years of a previous conviction in Arizona or any other state, you can expect to receive a harsher punishment than your first offense. Arizona outlaws driving or having physical control of a motor vehicle while intoxicated or under the influence of drugs. You can be charged with a DUI if you are found driving:

  • While impaired to the slightest degree by alcohol or drugs
  • With a BAC of at least 0.08% within 2 hours of driving; 0.04% if driving a commercial vehicle
  • With any amount of drugs or metabolites in your system

In general, you will be slapped with a Class 1 misdemeanor if you commit any of the offenses above for the 2nd time.

Criminal Penalties You May Be Facing

Standard 2nd Offense (BAC above .08, but less than .15)

The court imposes criminal penalties for DUI convictions. Criminal penalties for a 2nd DUI conviction include the following:

Standard second DUI – A class 1 misdemeanor, it includes a jail term of 90 days, 60 days which are suspended with the completion of an alcohol or drug program. Of the 30 day jail term, 80% of the sentence may be able to be done on home detention. Therefore, there is 6 days of actual jail time.

  • Assessments and fines of approximately $3,400, not including jail cost.
  • MVD will impose a 1-year revocation of driving privileges. It may be possible a restricted license after 45 days with the installation of a “special” Ignition Interlock Device. There is a 1 year Ignition Interlock requirement after that.
  • You must also render community service of 30 hours.

 

Second Extreme DUI (BAC .15, but less than .20)

This is a Class 1 misdemeanor that comes with a jail term 120 days. Of the 120 day jail term, 80% of the sentence may be able to be done on home detention. Therefore, there is 24 days of actual jail time.

  • Assessments and fines of approximately $3,700, not including jail cost.
  • MVD will impose a 1-year revocation of driving privileges. It may be possible a restricted license after 45 days with the installation of a “special” Ignition Interlock Device. There is a 1 year Ignition Interlock requirement after that.
  • You must also render community service of 30 hours.

Second Super Extreme DUI (BAC of .20 or above)

This is a Class 1 misdemeanor that comes with a jail term 180 days. Of the 180 day jail term, 80% of the sentence may be able to be done on home detention. Therefore, there is 36 days of actual jail time.

  • Assessments and fines of approximately $4,600, not including jail cost.
  • MVD will impose a 1-year revocation of driving privileges. It may be possible a restricted license after 45 days with the installation of a “special” Ignition Interlock Device. There is a 2 year Ignition Interlock requirement after that.
  • You must also render community service of 30 hours.

“Special” Interlock Device – Restricted Driver’s License

If you get a license suspension for a 2nd DUI conviction, you may be given a “special” interlock device, that allows for restricted driver’s license. This license will allow you to drive a car to and from school, work, and alcohol/drug treatment centers. It will depend on the kind of your DUI conviction. In general, these involve:

  • Completion of the 45-day license revocation period
  • Completion and proof of a drug/alcohol screening
  • Proof of IID installation
  • Proof of MVD financial responsibility

The MVD can still deny you of the restricted license even you comply with all the requirements.

A second offense DUI is a complicated process. It is possible to fight these cases. Protect your rights. Protect your driver’s license. Contact an experienced Arizona DUI lawyer like Robert A. Dodell, Attorney At Law, right away to help you go through the complex process of the Arizona DUI law.

What to Expect With a 2nd DUI Offense in Arizona is republished from www.azcrimlaw.com – RobertDodell

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DUI Attorney Scottsdale – Criminal Lawyer – Serving Tempe & Mesa, AZ | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

Sobering Up By Sleeping in the Car

So, can a person be arrested for sleeping off intoxication in the car? The simple answer is yes, you can be charged for impaired driving – even when you are not even driving your car when apprehended. How is this possible?

When a police officer finds you in the driver’s seat of your car, and suspects that you’ve had a bit too much to drink, impairing your ability to drive properly, you will be investigated. You can be arrested for DUI even if you are just sitting in the front seat or even when sleeping in the backseat to sober up. This is because of the care and control principle.

 

Actual Physical Control Principle

The Actual Physical Control principle basically presumes you can drive your car while intoxicated. If you are found in the driver’s seat, the assumption is you’re in control of the vehicle – even if the keys aren’t in the ignition or you don’t own the car. You can be charged and will have to fight this at your trial. You would need to convince the judge or jury that you weren’t in the driver’s seat to drive. A lot of people are not aware of this.

People who have experience getting arrested for sleeping in their parked car will discourage you not to be caught sleeping in your car parked in a watering hole’s parking lot – in the wee hours of the morning – and visibly in no condition to drive. You can still get arrested this way.

You may think that you are free from arrest by sitting in the back, and not in the front seat of your car. The arresting officer can establish Actual Physical Control on your part if there is a threat or danger of the vehicle and the occupants, including the danger of the vehicle being set into motion or other kinds of similar risks.

In determining whether you are in actual physical control, the judge or jury will consider the totality of the circumstance shown by the evidence and whether your current or imminent control presents a real danger to you or others. Factors to be considered might include:

  1. whether the vehicle was running;
  2. whether the ignition was on;
  3. where the ignition key was located;
  4. where and in what position you were found in the vehicle;
  5. whether you were awake or asleep;
  6. whether the vehicle’s headlights were on;
  7. where the vehicle was stopped;
  8. whether you had voluntarily pulled off the road;
  9. time of day;
  10. weather conditions;
  11. whether the heater or air conditioner was on;
  12. whether the windows were up or down;
  13. any explanation of the circumstances shown by the evidence.

And this list is not meant to be all-inclusive.

 

Each DUI case is decided based on the facts and circumstances surrounding each particular case. Thus, it is a good idea to get the services of a competent and experienced DUI lawyer like Robert A. Dodell, Attorney At Law, when facing a similar case in Arizona. This way, you can be sure that all aspects of the case are considered, so you can come up with the best possible defense.

Sobering Up By Sleeping in the Car was originally published on call Robert A. Dodell at (480) 860-4321

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DUI Attorney Scottsdale – Criminal Lawyer – Serving Tempe & Mesa, AZ | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

Drunk Driving vs. Marijuana DUI: What to Expect

Driving While Under the Influence of Alcohol and Marijuana DUI are typically grouped under the umbrella DUI offense together with drive a blood alcohol level of .08 and above; impaired to the slightest degree. With the legalization of medical marijuana in Arizona, having a medical marijuana card is no guarantee that you will not serve jail time if you are found guilty of driving under the influence of marijuana.

Driving while intoxicated and driving under the influence of drugs like marijuana are serious offenses and should not be taken lightly. For one, you may face jail or even prison time. Thus, when charged with DWI or DUI, it is best that you have excellent legal representation to help you get the best possible results.

 

Drunk Driving versus High Driving

Both drunk driving and marijuana DUI are illegal, although some changes to the DUI law were implemented with the recent legalization of medical marijuana in some states in the US, including Arizona.

 

Measuring Blood Alcohol Levels and Marijuana Usage

If a police officer suspects your driving is impaired due to excessive alcohol consumption, you will likely be requested to undergo a breathalyzer test or a blood test to determine the alcohol level in your system.

If a police officer pulls you over, suspecting that you may be driving under the influence of drugs like marijuana, the arresting officer will likely ask you to undergo a blood test or a urine test to determine the what drugs are in your system. The tests are used to determine the presence of meth, marijuana, cocaine, methadone and even prescription drugs.

 

Instances That May Merit a DUI Charge

According to statistics, for every 50 people arrested for drunk driving, 1 arrest for marijuana DUI is made. So, what will get you arrested for DUI?

You may face a DUI charge if the following factors are present:

  • You are in control of a motor vehicle, even if you are currently not driving it
  • If the level of alcohol found in your system is at least 0.08% (0.04% if you are driving a commercial vehicle
  • If you are noticed to show signs of impaired driving.

 

Penalties for DUI/DWI in Arizona

In Arizona, your driving history and the circumstances that surround your DUI/DWI case will determine the appropriate penalties. Conviction may come with fines, jail time, license suspension or revocation, and completion of an alcohol or drug addiction treatment program. Following are some additional information about DUI/DWI in Arizona.

  • Standard DUI – This involves driving with a BAC of at least 0.08% (0.04% for commercial vehicles). A first-time DUI offender faces a jail term of 10 day, but 9 days may be suspended, fine and fees of approximately $1500, and compliance to the interlock requirement on your car’s ignition. You must also complete an alcohol and drug screening, education, and treatment program. Stiffer penalties are imposed for subsequent convictions. Read more on standard/misdemeanor DUI’s
  • Extreme DUIs – You will be charged for extreme DUI if you have a BAC greater than .15%. A first-time DUI offender faces a jail term of 30 days, but 21 days may be suspended. Of the 9 days in jail, 7 may possibly be done on home detention. Fines and fees of approximately $2800, and compliance to the interlock requirement on your car’s ignition. You must also complete an alcohol and drug screening, education, and treatment program. Stiffer penalties are imposed for subsequent convictions. Read more on Extreme DUI’s
  • Extreme DUIs – You will be charged for extreme DUI if you have a BAC greater than .20%. A first-time DUI offender faces a jail term of 45 days, but 31 days may be suspended. Of the 14 days in jail, 11 may possibly be done on home detention. Fines and fees of approximately $3200, and compliance to the interlock requirement on your car’s ignition. You must also complete an alcohol and drug screening, education, and treatment program. Stiffer penalties are imposed for subsequent convictions. Read more on Extreme & aggravated DUI’s
  • Aggravated DUI – These are felonies and the penalties for include prison time on a first offense. You can get an aggravated DUI charge if:
    • Alcohol has impaired your ability to driving to the slightest degree or the BAC exceeds the legal limits; and
    • You license is currently revoked, cancelled, or suspended, or
    • It is your third DUI charge within a period of 84 months.

 

When facing a DUI charge in Arizona, contact Robert A. Dodell, Attorney At Law to get the best possible legal representation for your case.

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DUI Attorney Scottsdale – Criminal Lawyer – Serving Tempe & Mesa, AZ | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

What to Expect with 3 or More DUI Offenses in Arizona

Have You Been Charged With More Than One DUI?

In Arizona, it is unlawful to drive or have physical control of a motor vehicle if you are under the influence of drugs or alcohol. A first or second DUI conviction in Arizona already comes with serious consequences, more so if it is already your third or more verdict within 7 years of a previous conviction.

You can be convicted of a DUI offense in Arizona if you drive under the following conditions:

  • Impaired by alcohol or drugs to the slightest degree
  • Blood alcohol concentration or BAC of at least 0.08%
  • With any volume of a type of drug or metabolite in the body
  • Driving a commercial vehicle with at least 0.04% BAC

A first and second offense is considered a Class 1 misdemeanor. However, a third DUI conviction within 7 years becomes a Class 4 felony.

 

Administrative Penalties

The Motor Vehicle Division of Arizona’s Department of Transportation imposes administrative penalties for a DUI arrest. These penalties apply even if the case is dismissed later. These include:

  • License suspension for at least 90 days – The penalty is meted to motorists caught with at least a BAC of 0.08% (0.04% for commercial drivers) within 2 hours of driving or having actual physical control of a vehicle.
  • A 1year administrative suspension and completion of alcohol and drug screening – The suspension is imposed on motorists who refuse to undergo a chemical test such as a blood or breath test. A 2 year suspension of driving privileges faces motorists for refusing to take a test for the second time. You will then be required to complete alcohol and drug screening after the suspension to get your license back. You may challenge your administrative licence suspension within 15 days after your arrest by requesting for a hearing.
  • A 1 year administrative revocation with a felony conviction. In order to get a revoked license reinstated, the driver must undergo a revocation investigation from the Motor Vehicle Division.

 

Criminal Penalties

The court imposes criminal penalties for DUI convictions. A third DUI comes with a minimum prison term of 4 months before placed on probation. You will also be required to pay fines and assessments of at least $4,700. If  convicted of an alcohol-related DUI, the 24-month ignition interlock device is requirement after reinstatement of the driver’s license after the completion of the revocation.

Your vehicle may also be forfeited if you owned the car you were driving when you were caught driving under the influence.

 

License Revocation and Reinstatement

When your driver’s license is revoked as a result of a 3rd DUI conviction, there is no automatic reinstatement of your driving privileges after one year. You need to complete an investigation packet first. This includes:

  • Revocation Certificate – The certificate indicates whether or not you’re presently employed, any traffic violations committed during the last 12 months, and current attendance or completion of alcohol or drug treatment/education programs.
  • Compliance Statement – The compliance statement issued by the sentencing court would indicate if you’ve met the treatment or screening requirements ordered by the court.
  • Recommendation from Health Professional – The recommendation involves a review of your revocation certificate and the compliance statement by a health professional.

Aside from the packet, you must provide an SR-22 or evidence of your future financial responsibility to the MVD. The MVD will then review your case based on your provided information. Their final decision will be relayed to you in writing.

 

If you have been apprehended for a DUI offense, especially if it is your third or more, you need to immediately get in touch with an experienced DUI attorney. Robert A. Dodell, Attorney At Law, can help you get through the complex process of the DUI laws in Arizona.

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10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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Is It Ever Legal To Shoot a Trespasser

When Is It Legal to Shoot a Trespasser?

In general, property owners in Arizona are not allowed by law to employ deadly force in protecting their properties from trespassers. They may, however, use their guns to shoot at intruders in self-defense. This may only be applicable if they fear for their lives or if they believe that the intruder is capable of inflicting serious bodily harm, and is about to do so.

Simply put, shooting at a trespasser can be considered a legal gamble because you can still potentially be held civilly or criminally liable if you are proven to have crossed the line. Thus, if you find yourself in a similar situation, it is best that you immediately seek the help of a competent and experienced criminal defense lawyer in Arizona like Robert A. Dodell, Attorney At Law.

 

The Self-Defense Law in Arizona

In the state of Arizona, you are justified if you threaten or actually use physical force in defending yourself against someone else to such an extent that any reasonable person would be convinced that force is necessary for your immediate protection.

If another person is attacking or punching you, for example, you are allowed to use force just to stop the other person from hurting you. The physical force must be just enough to keep you from sustaining more harm. It would be unlawful if you keep punching the other person even after the threat of physical harm has stopped.

You are likewise justified if you threaten or use deadly physical force on another person in situations where any reasonable person would be convinced that the deadly force is necessary for your immediate protection. If somebody threatens you with a gun or knife, for example, you can use a certain level of physical force that may be enough to kill the other person to stop him from hurting you.

Prosecutors and police officers consider a lot of factors when deciding if using deadly force is justifiable in case of self-defense in a trespassing situation. To put it simply, the use of force is justified if any reasonable person will believe that it was necessary to use deadly force for protection.

 

Limitations on Claiming Self-Defense

Arizona laws allow proportional and reasonable self-defense, and the “stand your ground right.” However, there are several limitations to this provision, including:

  • Verbal Provocation – The self-defense claim is not applicable if there is only verbal provocation. You cannot use physical if someone is swearing at you, or calling you insulting names. You can’t retaliate with physical force or threaten violence.
  • Resisting Arrest – You can’t claim self-defense when resisting arrest done by a person in authority – even if you are not guilty of the charge. There is one exception, and that is when the arresting officer is using excessive, unreasonable, and unlawful force.
  • Provoking the Initial Encounter – One key self-defense element is to be free from fault in triggering the situation that resulted to the use of deadly force. The only exception is if the other party continues to use physical force on you even if you have withdrawn from the encounter, which was clearly communicated to the other party.
  • No Immediate Need to Use Force – There must be a threat against your person at the present time, and not several minutes, an hour, or a day ago.

 

Stand your Ground and Self-Defense is very fact specific. One has to be very careful how they react to a crime, since it is possible to be charged with a crime oneself. When faced with criminal charge, you should immediately contact Robert A. Dodell, Attorney At Law for a free consultation and legal representation. This way, you are guaranteed the best possible defense for your particular case.

 

 

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DUI Attorney Scottsdale – Criminal Lawyer – Serving Tempe & Mesa, AZ | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m