Leave it to the Arizona legislature to create a solution for a non-existent problem. If you watch the news in Arizona, then you are familiar with the spate of wrong way drivers on our highways. The Department of Transportation has taken steps to minimize this by installing signage and detectors, but nevertheless, wrong way drivers cause injuries and death.
In Utah a sober woman was charged with driving under the influence of alcohol (DUI) after admitting to having a single beer with lunch. According to the article on the incident, in October, 2016, Anexora Leon got pulled over for having an expired license plate. Once pulled over, the officer verified that Leon was telling the truth when she told them the correct plate was in the trunk. The officer suspected that she was drunk and insisted that he smelled alcohol, made her perform the roadside tests even though she had no physical signs of being drunk such as slurred speech and bloodshot eyes. The officer said she failed the roadside tests while Leon maintains that he gave her unclear instructions.
The City of Rialto, California recently reported that after they required police officers to wear cameras on duty, citizen complaints dropped by 88 percent in the first year. This idea has created a sparking debate across the country, and recently the American Civil Liberties Union (ACLU) endorsed the idea. The ACLU also emphasized the potential for the technology to be misused and recommended policies to minimize the potential downsides. "Although we generally take a dim view of the proliferation of surveillance cameras in American life, police on-body cameras are different because of their potential to serve as a check against the abuse of power by police officers," the civil liberties group argues.
At the Rosenstein Law Group we understand that everyone is human and people make mistakes, such as drinking and driving. We also believe that one mistake should not ruin the rest of your life. That is why we offer a service called a set aside. A set aside is the closest thing, in Arizona, to a more common term called expungement.
A competent DUI attorney is vital for success in trial. A courtroom is filled with complex nuances and procedures. Only a smart and aggressive DUI attorney can protect your rights.
The filing of motions on legal issues is part of the art of "lawyering." In the DUI arena, most motions are intended to either suppress (i.e., keep out) evidence for various constitutional violations, or to dismiss the case in its entirety due to lack of evidence, procedural error, bad-faith prosecution, or hundreds of other reasons. All of these motions, and the numerous other types that are filed on a daily basis, ultimately are used as a tool to both protect and enforce our clients' rights.
People who don't live in Arizona, or even Arizonians who don't live in Scottsdale or Maricopa County, are shocked when they learn about how DUI charges are initiated and prosecuted in Arizona. Not only are people horrified to learn that the police officers here can haul you into the jai and forcibly draw your blood themselves, but are more shocked by the draconian the sentencing scheme which provides for some of the harshest penalties in the nation.
March Madness is finally here, and while your employers surely are dreading this time of year (studies show that productivity plummets), at the Rosenstein Law Group we could not be more excited. Something else to be excited about right now is this new deal we spotted from LivingSocial, a portable breathalyzer for your iPhone or iPad. Here is the link . It is important to remember that we are not the only ones who realize that March Madness brackets and beers go together like UofA basketball and the Final Four. The notorious DUI task force will be out waiting to catch you driving while impaired, and will use any excuse to get you to blow into their portable breathalyzer. So why not use this device before you leave the bar, and give your BAC an estimate, and if your even close take a cab. The best way to avoid a DUI arrest is to not get behind the wheel. If you are pulled over and have been drinking even the smallest amount of alcohol check out what to do if pulled over. People are falsely accused of DUI every day. You need an experienced DUI lawyer to help extricate you from the criminal justice system.
Some Valley residents might be aware that for several years now, police officers throughout Maricopa County have been conducting blood draws, without warrants, on people they have placed under arrest for DUI. Others may not be aware that the large Phoenix PD vans you see parked on the side of the road are actually mini-blood draw stations where arrestees are interviewed, pricked, and had their blood removed from their bodies by officers within a limited time of arrest. Furthermore, these blood draws aren't just done in vans or at police stations, during DUI Task force events, arrestees are taken to any number of bizarre places throughout the valley like sports stadiums and gas stations, where a myriad of arrestees are waiting in line like cattle to have their blood drawn and packaged up and handed over to the impatiently waiting police officers who arrested them. Until now, Scottsdale was one of the jurisdictions that, if you were arrested there, you were generally taken to the hospital to have your blood drawn by a phlebotomist, who was usually a hospital nurse. (A phlebotomist is a person who has been trained in drawing blood). However, Scottsdale has recently put some of its officers through a five day phlebotomy class, and arrestees in Scottsdale will no longer have the luxury of being escorted to the hospital and drawn on by a professional. But, just because the officers have the capability to draw your blood, does not mean that you should necessarily immediately consent to the blood draw. If you are arrested for DUI, before you consent to any physical or chemical testing, you should ask for a private phone call and call an experienced attorney immediately. The officers will make it seem like you have no choice, but in reality, you do have a legal right to speak with an attorney as long as you are not unduly delaying an investigation. We are available 24/7.
Whether it's your first time being arrested and charged for driving under the influence, or you are underage and facing DUI charges, a sympathetic and experienced lawyer can be of great assistance when looking out for your rights. Arizona's legal system can be confusing and intimidating, with a unique set of rules and a language of its own. An attorney who understands the law and the process can help you evaluate your options and make the right decisions.