Law enforcement agencies throughout the Phoenix metro area take a very aggressive approach to curbing drunk driving. Various communities run sobriety checkpoints each weekend hoping to help keep impaired drivers off of the roadway. Those who are going out with friends or relatives need to know that they face strong penalties if they are charged with DUI.
Arizona has extremely strong drugged driving laws. There are two ways in which motorists within the state may be charged with DUI under the current laws. The first charge may be handed down if the driver is found to be impaired to the slightest degree by a substance. The second charge may result if the motorist has the presence of any specifically listed drug is present in the person's system while he or she is operating a motor vehicle.
Recently, the Rosenstein Law Group completed a white paper that discusses Arizona's drugged driving laws. The state is very aggressive when charging these motorists with DUI, and it is important to note that taking the drugs according to a doctor's prescription may not be a defense to the charges.
You may not realize that simply following your doctor's orders could result in drunk driving charges. There has been a growing number of motorists in the state who have been charged with DUI for using prescription medication.
If you are ever in a situation where you are being accused of driving under the influence of drugs (prescription or illicit), it is important to know that you may be asked to take a DRE examination. A drug recognition evaluator (DRE) is a police officer who took a class which purported to teach him or her how to recognize impairment in drivers under the influence of drugs other than or in addition to alcohol. These officers are given basic instruction on the effects of different types of drugs on a human body as it relates to DUI's. As with alcohol related DUI's, Attorney Craig Rosenstein wants you to know that it is unwise to do the roadside balancing tests or submit to the drug recognition evaluation. It would be wise to firmly but respectfully decline to take any type of field sobriety test (balancing tests) or DRE examination, because the information that is gathered always presumes impairment and is one sided and lacks scientific reliability.
In Arizona, your driving record and any citations may affect your ability to maintain a license and drive without restriction. Moving violations in a car have associated points depending on the severity of the offense. Any DUI related conviction carries eight points and if you accumulate thirteen or more points within a twelve month period of time, your license will be suspended. Other offenses, such as speeding, carry two or three points and you may be eligible for Defensive Driving School to clear your record.
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.
Think you can't be charged with a DUI if your blood alcohol concentration (BAC) is below .08? Think again, pursuant to A.R.S 13-1381, the State can charge a regular, non-extreme DUI two separate ways. The first way is if your BAC is above a .08, or the alternative way is if you were impaired to the slightest degree by alcohol or drugs, you can be convicted of a DUI.
What is the resulting effect if a police officer does not read the Miranda warnings verbatim to a suspect? Put another way, do police officers have to provide Miranda to suspects in its exact form? The short answer is no. Certain warnings must be given before a suspect's statement made during custodial interrogation could be admitted in evidence. The general rule is that Miranda warnings must reasonably convey the rights afforded to the defendant. "We have never insisted that Miranda warnings be given in the exact form described in that decision." Duckworth v. Eagan, 492 U.S. 195, 203, 109 S.Ct. 2875, 2880, 106 L.Ed.2d 166, 177 (1989). The warning must touch all the "bases required by Miranda." The question is whether the warnings reasonably "convey to [a suspect] his rights as required by Miranda."
Home detention is now available in the Scottsdale City Court. This is welcome news for people charged with a DUI in Scottsdale. This allows a majority of the jail sentence to be served at home instead of in jail. However, Arizona law does require people to serve 20 percent of their sentence in jail before they are eligible to serve the remaining portion of their jail sentence in a home detention program.