DUI ATTORNEYS PHOENIX

How To Find A Warrant For Arrest Before The Police Come For You

2011-09-20T20:12:00.000-07:00

Discover warrants for arrest and get treated favourably by the courts
If the police come looking for you with an arrest warrant then they will arrest you and take you in. It doesn't matter whether you committed the offence or not, if you have a warrant for arrest then the police are obliged to arrest you. When this happens you will gain a police record that states you were taken in involuntarily. The courts will often be more sympathetic towards people who give themselves up voluntarily but to do this you have to know that there is a warrant on you before the police come after you
.
You could get an arrest warrant anywhere and at any time
You can get an arrest warrant if you skip bail or fail to turn up in court. You can get a warrant for a traffic offence without you knowing it. You might have had your identity stolen and someone else has committed a crime for you. You might not find out about this for a long time and it could have been done a long way away so checking with your local courthouse isn't going to do you much good.
What's the easiest way to find out if you have arrest warrants?
The easiest and quickest way to find out whether you have any warrants for arrest is to use a website like the one at Court Records Read about it in the article How Do I Check For Arrest Warrants at http://www.howdo-i.com/backgroundcheck/howdoicheckforarrestwarrants.php. For a small one off payment you can instantly search multiple databases to find out practically anything about anyone including yourself.
The beauty of this type of site is that you can do the same search on as many people as you like as many times as you like for the same one off membership fee so it's easy to do a regular check to make sure that you don't have any warrants out on you.
Check to find a warrant for arrest now and rest easy tonight
Don't put this off. Do a check now; it could save you money and even a jail sentence.

Find out exactly what an arrest warrant is and discover any that might be issued on you. Do it now before the Police come after you. What Is An Arrest Warrant. Arrest warrants aren't the only background check you can do on someone. Uncover some of the vast amount of information that's yours for the asking: http://www.howdo-i.com/backgroundcheck

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Miami-Dade Traffic Ticket - How to Handle a Traffic Ticket That You Receive in Miami Dade County

2011-09-20T20:09:00.000-07:00

Last year almost one million traffic tickets were issued in Miami-Dade County. If get a traffic ticket in Miami Dade you have three options: pay it, pay a reduced amount and elect traffic school, or fight it.
You must act fast. You have thirty days to make up your mind. After thirty days, the Court will impose a late fee if you want to pay it or attend traffic school, and a reset fee if you want to fight it. Also, remember that after thirty days you are subject to a driver's license suspension by the Florida DMV (now called DHSMV). After ninety days, in order to elect traffic school or fight the ticket the administrative Judge must grant a motion, and he will only grant your motion if you show good cause
.
Pay Your Ticket
You can pay your traffic ticket in person at any of the Miami-Dade County Clerk of the Court office locations.
If you want to pay your traffic ticket by mail you can mail it to:
Miami Dade County Clerk of the Court
P.O. Box 02-5450
Miami, FL 33102-5450
If you want to pay your traffic ticket by phone with a credit card you can call:
(305) 275-1111
If you want to pay your traffic ticket online you can visit:
www.miami-dadeclerk.com/spirit/publicsearch/citationsearch.asp [http://www.miami-dadeclerk.com/spirit/publicsearch/citationsearch.asp]
Remember by paying your traffic ticket you could get points on your license, and that could cause your insurance rates to increase, and your driving license privileges to be suspended.
Elect School
If you do not hold a commercial driver's license, and your traffic ticket is not a: tag, registration, driver license, insurance or mandatory appearance traffic ticket you can elect traffic school. You can elect traffic school, and pay the reduced fine amount the same way as listed above, and you would have 120 days to complete the traffic school. If you elect to attend traffic school and do not comply within 120 days of election, you will be subject to a license suspension, point assessment and additional fees.
Fight It
If you want to fight a traffic ticket in Miami Dade your best bet is to hire a traffic ticket attorney. Traffic ticket attorneys have the legal knowledge to try to help you get the case dismissed, and most will guarantee you no points on your driver's license or your money back. In Miami Dade County you can take advantage of some of the most competitive legal defense fees in the nation.

Alexander B. Ramey, Esq. handles traffic tickets, DUI, and criminal issues in Miami Dade, Broward, and Palm Beach Counties.
The Law Offices of Alexander B. Ramey, PA
9995 SW 72nd St., Suite 204
Miami, FL 33173
(305) 598-4490
http://www.MiamiTrafficTicket.net

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How a DUI Attorney Can Help

2011-09-14T20:23:00.000-07:00

Every person accused of a crime is entitled to legal representation. Defense attorneys can either be appointed by the government or they can be privately hired to represent the accused in court. In the event someone is charged with DUI, a good defense attorney can be the difference between spending months in prison, losing a license, being on probation, or taking alcohol-related classes.

There are two main ways a DUI attorney can help those charged with this offense. This includes investigating the circumstances of the arrest and calling attention to any unlawful actions that may have occurred. The other includes working with the judge to find a reasonable sentence. Sentences will vary from state to state and case to case and are not always cut and dry. Therefore a DUI attorney made aid in reducing these sentences or having a case thrown out altogether.
DUI arrests can be performed incorrectly. If unlawful actions occurred, a person's defense and sentence will be adjusted accordingly. Racial profiling is unfortunately a common occurrence that can result in a police officer pulling someone over without a reason. If this is the basis of a DUI arrest, it may be proven that the arrest was not legal. An attorney may also investigate whether or not a person was treated fairly during the arrest. If physical or verbal abuse occurred or if Miranda rights were not read it may question the validity of the arrest.
A DUI defense attorney can also help change the sentence for a DUI. Pointing out a clean record or a person's obvious desire for rehabilitation may help reduce a sentence.
Visit the website of the Arizona DUI defense attorneys at Thompson & Volquardsen, P.C., if you are looking for more information about finding a DUI defense attorney.

James Witherspoon

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What Are the Different Types of Criminal Law Cases?

2011-09-14T20:20:00.000-07:00

Criminal law covers all offenses by an individual against the State. A crime is always against the State, and when a criminal is punished, it is a retribution for the State. There are several types of criminal law cases that are tried in the courts. These crimes are generally categorized into General Offenses, DUI/Traffic Offenses, Sex Offenses, White Collar Crimes, and other miscellaneous offenses that can be tried in courts.

General offenses include aggravated assault, kidnapping, manslaughter, robbery, murder, embezzlement, false statements, perjury, resisting arrest, theft, among other crimes that fall under general offenses. Crimes that fall under traffic/DUI are drag racing, aggravated driving, aggravated DUI, driving on suspended license, endangerment, reckless driving, extreme DUI, and misdemeanor DUI among others.
Sex offenses are those committed against the chastity of the person. Whether you are a man or a woman, so long as you were offended in some way in relation to your person, pertaining to your gender, the act itself can still be considered as a sex offense. This includes sex abuse, molestation of a child, sex assault, public sexual indecency, computer crimes, failure to register as a sex offender, and public misconduct with a minor.
White collar crimes are those that are considered as environmental crimes, fraudulent schemes, extortion, money laundering, professional licensing issues, regulatory crimes, and racketeering.
Even with the diversity of crimes that are adjudicated daily, once you are charged with any of these crimes, or you happen to be a victim, you should seek out the counsel of a good lawyer to defend you and your rights in the proper court of law. While it is true that anyone can file a criminal case in the courts, it is imperative for you to seek the advice of a good criminal lawyer. If you were the victim, and you happen to find yourself terribly abused, you always have the option to seek redress in court. And, if you are the one arrested because of a criminal charge, you are also entitled to equal protection by the court since you are still presumed innocent until the court has convicted you of the crime being charged.
Crimes against the person per se, such as murder, vehicular manslaughter, assault, and rape usually involve a greater degree of punishment since life was directly inflicted upon. Although in rape, depending on the circumstances, life may have not been taken but the injury caused is always for a lifetime. More often, these cases capture the public interest than petty crimes such as shoplifting or drug possession. On the other hand, robbery, perjury, and computer crimes are adjudged based on the degree of damage that the criminals have caused either against the person or the property.

If you happen to be in trouble with the law or you need a decent representation to obtain some retribution for a crime done to you or a family member, it is the best move to solicit the help of a reputable Arizona criminal law lawyer. Even if you already feel tired fighting, a good Phoenix criminal law lawyer would always be willing to help you out. These lawyers are always there to stand for the rights of the person who needs them.

Article Source: http://EzineArticles.com/?expert=Frank_Schumacher

Arizona DUI Attorney Fees

2011-09-14T20:17:00.000-07:00

The attorney fees for DUI offences in Arizona fall in different ranges in a wide variety of structures for different attorneys. There are those that charge a rock bottom fee and those whose fees are much higher. When it comes to choosing an attorney, though, it is not always a good idea to go with the cheapest or most affordable.

Attorneys who are good start getting more DUI cases through word of mouth publicity. Instead of getting overextended and not being able to do a good job of their cases, most of these successful DUI attorneys raise their fees and thus take select clients.
Those attorneys that charge rock bottom fees are the ones to be wary of. Since their fees are low, they need to take up more and more cases to survive. What this means is that they have less and less time to devote to each case, which may not be the best thing for the client. There are also attorneys who advertise and have a sales team pitching for them. These attorneys too have to take up a lot of cases to meet the expenses involved in advertising and keeping a staff. These attorneys may not have the requisite skills, expertise or attention required to handle a case.
One needs to keep in mind that attorneys' ethics prohibit them from entering agreements where the client pays them only if they win the DUI case.
Among the many variations to the fees structure available in Arizona, there is the flat fee structure, under which the client pays the full fees upfront, covering the entire range of work. This kind of an agreement is advisable for a client since under such circumstances the onus is upon the attorney to speed up the case in favour of the client so that the attorney can move on to other cases.
The other type of fee structure is one where the flat fee is spread over different phases. For example, the attorney may have a flat fee till a jury trial, and once the case proceeds to a trial, he or she will charge an additional fee.
The actual cost of hiring an attorney varies. Yet, one can expect an Arizona DUI attorney to charge anywhere between $3,000 to $15,000 for a first time misdemeanour, while the fees increases upwards from $15,000 to even beyond $25,000 for felony DUIs, excluding other costs and expert witness fees.
Some attorneys prefer to charge by the hour, with $300 an hour being a common rate. These attorneys seek an upfront retainer, upon which the billing is done. After the exhaustion of the original retainer, the client is asked to replenish it again. There are also some attorneys who adjust their payments based on the financial needs of the client.

Arizona DUI Attorneys provides detailed information on Arizona DUI Attorneys, Arizona DUI Fines, Arizona DUI Defense, Arizona DUI Laws and more. Arizona DUI Attorneys is affiliated with Arizona DUI Penalties.

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States Require Ignition Interlock Devices

2011-09-14T20:13:00.000-07:00

Many different penalties exist for drivers who have been convicted of driving under the influence of alcohol/drugs or driving while intoxicated. Some states choose to use different penalties, based on the circumstances, and others have specific penalties that are used for specific offenses, such as monetary fines based on first offense, second offense, and so on. However, many states are now requiring the addition of an ignition interlock device (IID) when the driver is allowed to reinstate his/her driver's license
.
The majority of states do not allow driving-even restricted driving to/from work or school-for a predetermined time period following a DUI/DWI. This time period can range from a few months to several years, or even a lifetime in severe cases. It depends on your unique criminal background, any prior history of DUI/DWI convictions, and any aggravating factors. These can include speeding excessively, causing extensive injuries or fatalities, doing a lot of property damage, having an extremely elevated BAC (blood alcohol content), refusing to cooperate with sobriety tests, running from law enforcement, and similar behavior.
An ignition interlock device is a relatively new addition to the penalty lineup, and is not used in every state. If you are convicted of DUI/DWI in a state that uses an IID as a penalty, you will likely have to have one installed at your own expense, but this restriction is often preferable to having no driver's license or driving privileges at all. The machine works by requiring the driver to breathe into it at random points, to start the vehicle, and while the motor is running, at frequent intervals, to prevent someone else from offering the breath sample.
If you do not pass the test, an alarm will sound, such as your horn honking or a siren sounding, depending on the device. It will not turn off until you have turned the vehicle off, giving you time to pull over in a safe place. You just have to listen to the alarm sounding until you can safely get off of the road, and everyone around you can hear the same alarm.
Some people have attempted to circumvent the machine by removing it or tampering with it, but this can add time to a jail term, or cause you to have to serve a suspended sentence. You could also face additional fines and/or penalties for this type of behavior. It is better to cooperate with the punishment, and seek alternative methods of appeal through a lawyer if you believe that the punishment was not earned for whatever reason.
Machines like this have been added to the penalty phase of a DUI conviction in order to discourage repeat offenses. Many states use the IID as even a first offense penalty, and more states each year are seeing the effectiveness of the device and opt to add it to existing penalties via legislature, to reduce the number of alcohol-related accidents and deaths in the United States. If you have been arrested for DUI, it is critical to get help from an experienced lawyer right away to discuss the possible penalties in your case, and begin building an effective defense.
This information is provided solely for informational purposes and does not constitute legal advice.

William Bly of The Law Office of William T. Bly is a practicing attorney and spends a good part of his time on OUI-related issues, such as ignition interlock devices. For more information, visit the website for the Maine office location today.

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What is the Difference Between a Felony and a Misdemeanor?

2011-09-14T20:11:00.000-07:00

Criminal charges fall into three general categories. The first, infractions, are relatively minor traffic-related charges that involve no threat of jail time. The maximum fine for an infraction is usually around $250.
More serious crimes are classified as either misdemeanors or felonies. The classification of the charge depends on a variety of factors, as does the punishment. If you were arrested on criminal charges in San Francisco, a good criminal law attorney can help advise you of the best possible way to build your defense.
What is a misdemeanor?

Misdemeanors are punishable by up to one year in local county jail, and fines of up to $2,500. Examples of misdemeanors include:

Petty theft
Prostitution
Public intoxication
Simple assault
Reckless driving
Vandalism
Trespassing
Drug possession

While a misdemeanor conviction can be seen on your public record, the severity of the offense affects how long it stays on your record. Misdemeanor sentences can also include community service, probation, suspension of your drivers license, and restitution to the victim. Misdemeanors can be wiped from your record after your sentence is served, and you are not required to inform employers about them. This allows more privacy for the defendant.
What is a felony?
Felonies are more serious crimes punishable by incarceration in state prison in excess of one year and fines of up to $150,000. Felonies are subject to death penalty sentences as well. Examples of felonies include:

Murder
Rape
Robbery
Arson
Perjury
Property damage exceeding $500
Grand theft

Aside from imprisonment, being convicted of a felony has long-term consequences such as loss of voting rights, ineligibility for public office or jury duty, and inability to possess firearms. A felony conviction can stay on your record forever. If you are accused of violating criminal laws and face felony charges in the San Francisco area, contacting a criminal law attorney is the best thing you can do to help your case.
What are wobblers?
Several charges are considered wobblers in California-meaning that they could be classified as either a felony or a misdemeanor depending on the circumstances. If you are facing criminal charges for a wobbler, hiring the right criminal law attorney is absolutely essential to providing the best possible outcome for your case. The right attorney can help make sure you are charged with a misdemeanor rather than a felony.
What to do if you have been charged with a misdemeanor or a felony
If you are facing criminal charges, contacting a competent criminal law attorney as soon as possible is the best thing that you can do for your case.

Criminal laws must be taken seriously, and a good criminal law attorney must have the experience and skill to help you build a strong defense. With nearly two decades of experience practicing law, an exceptional Bay Area criminal defense lawyer is dedicated to pursuing the best possible outcome for your case. Whether you have been arrested for a DUI or a serious narcotics offense, we can help. Visit our webpage at http://www.jeffreyhaydenlaw.com/ today.

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When a Sex Abuse Attorney Encounters a "Repressed Memory" Case

2011-09-09T06:03:00.000-07:00

One disturbing issue a sex abuse attorney comes routinely in contact with in the court room is the issue of "repressed memory." Sadly, this pop psychological theory gone mad has put many innocent people behind bars and is still a reality today.
The concept of repressed memories first emerged in the late 1970s and early 1980s. What started as a pop fad spilled into the legal field and became an issue regularly faced by a sex abuse attorney.
Repressed memories typically result when a woman seeks counseling, and her counselor helps her "discover" past memories of sexual abuse. She perhaps suffers from a variety of issues, and he suggests that her inability to maintain relationships may be caused by a past sexual abuse, which she then remembers with much do praise from the counselor.
The trouble with "repressed memory" is its actual validity in the legal field when a sex abuse attorney encounters it. The patient receives affirmation and attention from the counselor, therefore grounding the story as evidence for a sex abuse attorney to contend with. The patient is under duress about events that happened decades ago and is naturally upset. Laws set up in the 1980s required counselors to contact the authorities in these instances, who would then build cases that prosecuted perfectly innocent people.
Perfectly normal people needed the help of a sex abuse attorney. Luckily, the myth of "repressed memory" began to be exposed in the 1990s. Many counselors and child psychologists didn't accept the theory on face value, and prosecutors became nervous at prosecuting them. Still, it occasionally remains an issue today, as a sex abuse attorney will still come across it from time to time.
The case of Dr. Earl Bradley
In February of 2010, a Delaware Grand Jury returned a 160 page indictment of Dr. Early Bradley, including 471 counts of sexual crimes involving 103 children. Bradley sought the legal services of a sex abuse attorney. The police have asked to interview all the children involved. The problem is that many of the parents of these children maintain that their children were emotionally unaffected and that the trial experience would only be traumatic for them.
The prosecutor cites the "repressed memory" issue as a reason to do the interviews, maintaining that the process may uncover other instances of wrongdoing that would prove helpful to the prosecution. Yet the myth of repressed memory is well known to your average sex abuse attorney. Stories based on emotional disturbance in a counseling session have questionable authenticity. While they may prove helpful to a counseling session, they have no place in a court room before a sex abuse attorney.
Truth is in the eye of the beholder
Luckily, more judges and prosecutors are seeing the inherent faultiness of repressed memories, so they are becoming less common, although they still surface from time to time. A sex abuse attorney should always make a point of highlighting the vast amount of doubt created in a repressed memory instance, as it has no place in a court room. Until a higher court decides to make a concrete ruling on repressed memories, they will always come into question. All we can use to protect clients from them is our own common sense, from the judge to the jury.

David Michael Cantor is an AV rated (the highest possible rating) and a Certified Criminal Law Specialist per the Arizona Board of Legal Specialization. For more information about Phoenix sex abuse attorneys, visit our site.

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A Brief Overview of Criminal Law

2011-09-09T05:58:00.000-07:00

Criminal and penal law refers to the same type of law. Punishments under these laws can be severe and unique depending on the offense and the jurisdiction. Imprisonment, execution, parole, probation and fines are the most common forms of punishment. On occasion, the lines between civil and criminal law become blurred.
The first written code of law was produced by the Sumarians. Civil and criminal law were not separated in these early codes.

The potential for serious consequences and for failure to follow the rules makes criminal law unique. If imprisonment is ordered, it can be solitary and span the lifetime of the individual. House arrest is another form of confinement that requires individuals to follow rules set forth by probation or parole department. Money and property can also be taken from those who are convicted.
Five categories of penalties include punishment, retribution, deterrence, incapacitation and restitution. These punishments will vary among jurisdictions..
For crimes that have an effect on entire areas and societies because of their heinous nature, public international law applies. Public International Law began following World War 2 with the Nuremburg Trials. These trials marked the beginning of individuals being held accountable even though they were acting on behalf of their government. They cannot claim sovereign immunity.
Creating a fear of punishment is how most laws are enforced.
Generally, undesirable acts are forbidden by criminal law. Actus reus, or guilty act, requires evidence that a crime was committed by an action, a threat of action or a lack of action. Actus reus requires a physical element. If someone is in charge of caring for someone else, whether by contract, blood relation living together or through an official position then actus reus applies. It also applies to situations that are dangerous as a result of one. 's own actions. This is where the Good Samaritan Laws apply.
Some crimes, such as regulatory offenses, require no more. These crimes are called strict liability offenses. Due to the potential severity of consequences, proof of intent must be met. Proof of a guilty mind, or mens rea, is required.
For crimes that require both to be present, actus reus and mens rea must be present at the same time. They cannot occur at different times.
Nullifying actus reus can occur by proving that the harm to a person would have happened anyway. If you run a red light and injury a person, actus reus will not be nullified because their injury was a direct result of your intended action.
Mens rea, or a guilty mind, means that there was intention to violate the law. Under criminal law; intention and motive or not the same. Good intentions do not negate criminal intentions
If a defendant realizes that an act is hazardous but does it anyway, they have met the mens rea requirement. It is known as recklessness. Courts often consider if the individual should have realized the risk or not. Mens rea has been reduced in some areas of criminal law because if the individual should have known the risk, but did not, intent is erased.
The seriousness of an offense can vary due to intent. If an individual has the intent of killing or causing bodily harm that could result in death, it is murder. If someone is killed because of recklessness it could be manslaughter. It does not matter who is actually harmed by the act. If you intend to hit someone but, end up hitting someone else, your intent is then transferred to that person. This is called transferred malice.
Strict liability is a generally used in civil law. It is harm caused by a defendant regardless of intent or mens reas. Not all crimes require specific intent.
Murder is the most often targeted act under criminal law. Some jurisdictions have levels of severity for murder. First degree murder is based on intent and requires malice. Manslaughter is a killing committed in without malice being present. It is often brought about by reasonable provocation, or diminished capacity.. A killing involving reckless can be considered involuntary manslaughter in areas that have that offense.
Settled insanity is a possible defense.
Assault and battery can create criminal liability. Rape is considered a form battery
Trespassing falls under criminal law as does conversion, theft, embezzlement and robbery.
Knowing about a crime or conspiring to commit one can result in criminal charges even if the crime itself is never committed. Some examples of this are: aiding, abetting, conspiracy, and attempt.

Ensure that your case is well-defended with a criminal attorney Fort Lauderdale on your side. The right Fort Lauderdale criminal attorney will do wonders in defending any charges brought against you.

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Is Physical Violence Considered White Collar Crime?

2011-09-09T05:57:00.000-07:00

Oftentimes, people equate crimes with physical violence. Wherever a blood is shed, a crime must have been committed. This is the reason why most people are more shocked when people belonging to the high society and are holding respectable positions in companies are tagged as criminals. What makes it more unbelievable is the fact that the crimes they have committed were so cunningly done that most people did not notice it until it was too late
.
Such cases are what is known as white collar crimes. Consequently, the people involved are called white collar criminals.
White collar crimes is the term given by Edwin Sutherland in order to describe those kinds of crimes committed by a person respected by everyone and of high social status during the course of his work. This oftentimes overlaps with corporate crimes and includes, but not limited to, fraud, bribery, embezzlement, internet crimes, identity theft, and forgery.
As opposed to white collar crimes, blue collar crimes are those that are committed by people who belong to the lower social class. Murder, arson, burglary, theft, assault, rape, and vandalism as well as physical violence are considered to be blue collar crimes. In contrast with white collar crimes, blue collar crimes tend to be reported immediately.
One white collar criminal who has achieved both fame and notoriety is Michael Sabo. He is currently working as a security fraud consultant and speaker, a position which he was able to secure because of his track record as a great impostor as well as a world-class stocks and bonds forger. During his crime spree, he was able to get his hands on about 5 million US dollars.
Currently, of all the white collar crimes, it is mortgage fraud that has proven to be prevalent. This was basically brought about by the financial meltdown that has impacted the real estate industry. Several laws have been enacted in order to put a rest to this kind of crime, one of which is the Fraud Enforcement and Recovery Act of 2009 (FERA). The said federal law was enacted in May 2009 and provided for, among others, additional funds to numerous government agencies. FERA has also increased the length of jail time for convicted mortgage fraud criminals to about 30 years with fines of up to a million dollars. It has also change the statute of limitations for mortgage fraud to five to ten years. Aside from FERA, each state also has its own set of penalties and fines for people charged with mortgage fraud.
Other penalties for mortgage fraud as well as other white collar crimes include asset forfeiture, restitution or repayment, and jail time of three to five years or more depending on the gravity of the case.

If ever you find yourself on the receiving end of a lawsuit concerning any type of crime while you are in Arizona, your best bet would be to find Arizona Criminal Attorney or a Phoenix Criminal Attorney, if you are within the said city. These lawyers and attorneys are more knowledgeable about the different state laws concerning your case.

Article Source: http://EzineArticles.com/?expert=Frank_Schumacher

What is a DUI?

2011-09-09T05:52:00.000-07:00

The acronym DUI stands for "driving under the influence," an act that is considered to be a criminal offense in plenty of countries because it poses some serious health hazards. It involves driving any type of vehicle under the influence of drugs and alcohol. In the United States alone, 39% of all vehicular accidents are attributed to DUI. Different states have different punishments for DUI arrests.

Most states developed DUI laws as a response to federal highway funding mandates. States are required to define the legal age for consumption of alcohol, as well as the legal level of intoxication for drunk driving. Laws governing DUI in a certain state are required so as to qualify that state for assistance on federal road maintenance. Generally speaking, most states have a legal drinking age of 21 years old, although there are some states that allow teens aged 18 and above to consume alcohol.

Police and law enforcement officers cannot arrest someone by mere suspicion of DUI alone, though they can perform a traffic stop if they find any suspicious driving behavior on the part of the driver. The law enforcement officer needs to observe for signs of intoxication on the part of the driver, such as slurred speech, strong odor of alcohol, and incoherence. This can lead to a field sobriety test, which will roughly estimate the level of intoxication of the driver.

If the field tests show a lack of judgment and motor skills on the part of the driver, the law enforcement officer can ask permission to perform a blood alcohol content test or BAC. This test can be done through a standard blood test or a special breathalyzer for a less invasive procedure. The test should be done as soon as possible because a person's BAC decreases over time as the alcohol is processed by the liver. Once again, states differ with regard to the legal limit of their BAC. Most states have a legal limit of 0.10% BAC, but a lot of them have lowered their DUI limit to 0.08% BAC.

This does not mean that drivers cannot drink anymore while driving. They can still drink, provided that their BAC does not exceed 0.02%. However, other states have an absolute zero legal BAC. Once the driver exceeds the limit imposed by the state, he or she can be immediately charged with DUI and detained in a holding cell until he or she becomes sober. A DUI suspect can refuse to take the BAC test and is allowed to call his or her lawyer for legal protection.

In Arizona DUI, the arrests will be considered a misdemeanor if the person charged with DUI has been accused for more than two times in five years. A more serious offense is charged if the driver is accompanied by a child younger than 15 years old or if the offense has been committed during the cancellation or suspension of driving rights. The punishment given to a Phoenix DUI arrest ranges from a $250 fine to a $10,000 fine for multiple instances within five years.

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Lowering the Drinking Age in Tennessee

2011-09-09T05:49:00.001-07:00

The question is, should Tennessee lower the drinking age to 18, and will it saves lives? Without getting into a right or wrong discussion with MADD, I will try to look at it from possibly saving lives down the road by introducing alcohol to young adults while they are possibly still at home and under adult supervision, and not away at college when they take their first drink. To date Middle Tennessee State University nor the University of Tennessee have come out with a formal stance to lower the drinking age in Tennessee, although I think they should, as they are aware it is prevalent on their campus.

From my experiences in college I have seen binge drinking from persons who did not drink an alcoholic beverage at all while they were 18, and living at home while in high school, and I have also had friends who grew up around parents who drank a beer or wine in front of them and at age 18 drank some themselves. Of the two types of people, those who never drank before college and those who did, I always thought, and still think the people who drank at age 18 before college where not so excited about drinking, I mean to say it was not so new to them. They had at some point been intoxicated before they got to college, and knew how to handle themselves better while drinking. The individuals who had never been intoxicated posed a great danger to others and themselves, they had no idea of their tolerance level of alcohol, and at this point they had no parental supervision. It seem like it would be better to understand the effects of alcohol on your body while still under your parents eye, and not alone either in the real world or college.
There are currently 7 states considering legislation to change and or lower the drinking age, however there may be issues with highway funds from the Federal Government if these considerations pass. Highway funds are very important to a state and can effect decisions on laws.
By lowering the drinking age in Tennessee it might allow a young adult to experience alcohol with some supervision, and not discover it on their own at college with no parental supervision. Lowering the drinking age in Tennessee would help demystify alcohol to young people, and let them realize in moderation it is ok. The fact is, kids in college are going to drink.
Posted by Daniel L. McMurtry

Nashville DUI Lawyer, Tennessee Criminal Lawyer Daniel L. McMurtry, located in Nashville, Tennessee representing clients in Tennessee on Criminal Matters. Nashville Criminal Lawyer with jury trial experience in Tennessee and Mississippi.

Article Source: http://EzineArticles.com/?expert=Daniel_Mcmurtry

DUI - Loss of License Or Suspension

2011-09-09T05:47:00.000-07:00

The punishment for driver's suspected of DUI for simply taking the test and having a result that exceeds the legal limit of the test began 20 years ago. Loss of license, if the person suspected refused to take the chemical tests such as blood, breath or urine sample test, has already been passed by all states.
Other states have formulated simple suspension or revocation, which lawyers who specializes in this area often refer to this as Administrative License Revocation or ALR or Administrative License Suspension or ALS. But, in essence, it is all practically the same.

The ALR and ALS are designed as a punishment just for taking the test and achieving a resulting test score exceeding the legal limit and an addition to the classic DUI punishments like suspension or probation, jail time, community service hours, interlock device, rehabilitation, etc. They are just an immediate revocation or suspension, which is subject to due process in the form of hearing in an attempt to dismiss or rescind the case. Therefore, a DUI arrest is both a criminal and an administrative case against the suspect.
However, issues rose during the late 80s and early 90s filed by most defense attorneys stating that the defendant is being punished twice in a single offense. But, courts upheld their belief that driving is not anybody's right but a form of privilege. The rules in the issuance of licenses by states are already included that say the license can be revoked or confiscated in the event of an arrest. Furthermore, the courts can provide a significant and logical reason in revoking a driver's license in DUI, which defied other issues such as double jeopardy, not adhering to due process, equal protection, etc.
In an effort to win the case, the attorney who takes in a case in DUI takes very important steps in the administrative hearing. The states issuing the laws in license revocation also gives only a short time for attorneys to file any appeal or motion to rescind or dismiss this particular administrative case. It runs in a minimum of 5 and a maximum of 30 days in order to file a motion from the time of the arrest. After this period is done, you can no longer appeal for a hearing. It may take you through complex processes as well as costly steps in order for you to get back your driving privilege after the issuance of license suspension or revocation.
You need to keep in mind that the burden of proof lies in the civil burden of proof in these administrative cases. This civil burden of proof is easier than the standard "proof beyond any reasonable doubt" for a criminal trial case.

The best advice for you is to contact a lawyer in order to prepare you with the Arizona DUI Lawsuit and to find further information regarding your DUI case. It is also possible to have a Phoenix DUI Lawsuit depending on which state you really belong. In the event of an arrest, you should make sure you have proper representation.

Article Source: http://EzineArticles.com/?expert=Frank_Schumacher

Serious Penalties For Domestic Violence - More Serious Than You Know

2011-09-09T05:46:00.000-07:00

Domestic violence is a serious offense worth worrying about especially if you are being charged of the crime. Most of the these charges fall under felony or misdemeanor. Of course the charge of felony has more severe penalties such as imprisonment while the misdemeanor case only requires short period of jail time at the most. Individuals who are facing this type of charge should contact their attorney as soon as possible so they can discuss their case and get together their evidences and counter arguments in order to escape jail time.

You have to know the distinction between a felony and a misdemeanor before you take a closer look at the penalties. Misdemeanor are domestic violence cases that did not result into any injury or only slight injury at the most, while the felony charge resulted in serious injury. Some of the times, prosecutors can jump the charge to a felony if the defendant already committed violent acts prior to the case.
Not all penalties are the same for domestic violence, whether misdemeanor or felony. It differs from state to state, the level of the crime and the past convictions of the defendant. For misdemeanor domestic violence charge, it includes probation, mandatory treatment programs, fines, paying restitution to the victim and short to moderate jail sentence.
Although judges are usually lenient to first time offenders, there are still some cases where defendants found guilty faced up to a year in county jail with an additional fine for each of the charged offense. You get to pay for your crime in jail time and in dollars as well.
If you are proven guilty of felony domestic violence, expect the penalty to be more severe than that of misdemeanor. It includes short prison time and moderate fines at the very least and longer jail time plus larger fines at the most. In some states where death penalty is being enforced, domestic violence that resulted in death could mean a death sentence for the defendant if proven guilty.
There are many excuses people use when it is time to defend their case in court. Excuses like having a bad day at work, too much pressure on the relationship, losing a job, lying and cheating. The number of domestic violence case in the United States of America is alarmingly increasing, add to that other domestic violence cases yet to be reported. Whatever the circumstance may be, there is no excuse to hurt or to threaten a person in your household.

If you find yourself in such an accusation, get yourself a dependable Arizona criminal attorney. The penalties of the domestic violence charge is very serious and should not be taken lightly by any individual. You would not want to lose your love one or spend time in jail for something you did not do in the first place. Get an experienced Phoenix criminal attorney to defend your case and defend you rights. They will discuss to you your state's law regarding the charge and how it will apply to your situation.

Article Source: http://EzineArticles.com/?expert=Frank_Schumacher

Having a Lawyer on Retainer

2011-09-08T20:34:00.000-07:00

When a person is arrested, they may or may not be allowed to contact an attorney right away. Although every person is entitled to an attorney, the old "my one phone call" bit is straight out of Hollywood. When you do get that phone call, however, do you know who to contact? Will you call a stranger, the first person you find in the yellow pages? How will you introduce yourself? If this sounds like a frustrating scenario, consider hiring an attorney on retainer
.
Having an attorney on retainer effectively means that you have established a professional relationship with them and they will represent you if you find yourself in legal trouble. Since attorneys, like copywriters, bill by the hour a set amount of money is left with them as a deposit. This way they know they can start working right away and be assured of payment.
Another thing to consider is that every case is going to hinge on the person being accused of a crime. Is the person a homeowner? Are they known to have this characteristic or that one? All of these things will come into play, and it is important that your attorney know these things so they can effectively represent you. When you hire a stranger, skilled as they may be, they will not be as effective as an experienced lawyer who knows you and your situation.
Typically lawyers in an urban area will charge between $200-$400 an hour. Filing processes and more can add up quickly, so a retainer of $1500-$5000 is probably to be expected. To hire an attorney, your first step should be to do your research. In every area there will be a slew of attorneys from those who handle a large volume of cases to those who pride themselves on giving their clients personal attention. You should determine your needs and most importantly, ask around. Attorneys, like many other professions, live on word of mouth from their clients. Positive reviews and testimonials from your friends, family and neighbors should go a long way in influencing your decision. Also, don't just determine which attorney to hire based on price. While a cheaper attorney may be able to handle the case just as well, they may be less efficient and end up actually costing you more.
In the end, hiring an attorney on retainer is a smart move. We never know when disaster may strike, and having a lawyer already on your side is a great boost to your defense. In addition, you never know what you may or may not be dealing with when you find yourself in legal trouble, and the last thing you want to be doing is shopping for attorneys while you grieve or fight for your freedom.

Cias Hart is a veteran and resident of Arizona. If you don't presently have a personal injury attorney in Phoenix on retainer, contact Matt Millea Law Firm. Matt is an experienced personal injury and wrongful death attorney and will handle your case with personal care and professional vigor.

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Arizona DUI Penalties

2011-09-08T20:31:00.001-07:00

DUI penalties refer to laws pertaining to criminal punishment while "Driving Under the Influence" or drunk driving. It also extends to DWI (Driving While Intoxicated/Driving While Impaired), either due to the influence of alcohol or drugs. In Arizona, DWI is a more common offense than DUI. The penalty for a suspect convicted of the offense depends largely on the seriousness of the charge and the prior criminal record.

DUI is confirmed by either the sobriety tests or an estimation of the blood alcohol levels. The penalties depend on the DUI laws in specific states and some are extremely harsh and complex. A first-time offense incites a jail term, fines, restrictions/suspensions of license, installation of ignition interlock devices, vehicle confiscation, and probation periods. With an increase in the number of offenses over time, the penalties are "enhanced," and a fourth time offender is convicted as a Class E Felon and sentenced to one to six years of imprisonment.
Possession of a driving license automatically implies the consent of the driver to agree to chemical tests that determine sobriety. However, a driver can refuse to abide by the "Implied Consent Law." This violation has serious consequences during the court proceedings, since it prompts suspicion of intoxication. In some states, the refusal to cooperate itself is considered as a separate offense that results in the suspension of the license for a term or adds jail time to the pronounced sentence.
Cases have been reported where commercial agencies refused vehicles for hire to a convicted person and insurance companies cancelled their policies. DUI/DWI is considered so serious an offense that a single instance affects the individual in several ways throughout the lifetime.

Arizona DUI Lawyers provides detailed information on Arizona DUI Lawyers, Arizona DUI Arrests, Arizona DUI Penalties, Arizona DUI Records and more. Arizona DUI Lawyers is affiliated with Arizona DUI Defense [http://www.e-ArizonaDUIAttorneys.com].

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Drunk Driving DUI, Your First Offense? Things to Know About DUI Charges

2011-09-08T20:29:00.000-07:00

When you are arrested for a DUI there are certainly a lot of things to worry about, especially if it was your first offense. Nowadays, DUI offenses are on the rise and many people and politicians are asking for more strict action to be taken on those who are arrested for this offense. You might be wondering what to do when you are arrested and how you can get this problem over with. Below are some things that you should know about DUI Charges:

1. How should I plead? Contrary to what you think or believe, being arrested for a DUI offense is very serious business. The best thing you can do for yourself is to plead not guilty to the charges. If you are convicted, you could face jail time, paying hefty fines, losing your license and license plates, you might also have to forfeit your vehicle. The worst part is, you would have to buy a different kind of insurance. This insurance is for those convicted of DUIs and will cost more than double of what you are currently paying. You must also remember not to talk to any police officers, insurance investigators, friends or family members with regards to the charges as anything you say can and will be used against you in the court of law.
2. Do I need a DUI Lawyer? Of course you do! Since this is a serious offense, without serious consequences, you should hire a lawyer to represent you. Even if this is your offense, do not take the risk thinking you can represent yourself. A lawyer who specializes in DUI cases will have more experience and will able to achieve more than you can, so yes, it is essential for you to get a lawyer before going to court. If you have to go to court without a lawyer, ask the judge for a continuance and this would be granted to you. Use this time to quickly search for a lawyer. You might only get one continuance, so use it wisely. If you have to go to court without a lawyer, do not speak to any about the circumstances surrounding your case. Do not make any statements about your arrest and do not speak to the prosecutor in an attempt to negotiate the case for yourself. Remember, anything you say can be used against you so it is best for you to keep quiet until you get a lawyer. Getting a lawyer will help you as the lawyer will know what laws to use and what conditions about your case that could get the charges against you dismissed.
3. How much will a lawyer cost? Well, how much is your freedom worth to you? Spending money on your lawyer would be money well spent if it means that you do not have to go to jail. There is no specific amount as each case is different from the next.
Since you got yourself into this mess, you will need to get yourself out. This entire process can be very stressful at times, but if you really want to get the charges dropped then you have no choice and you have to keep moving forward. Just remember, next time, do not drive under the influence.

To find out more about Georgia DUI attorneys to represent your drunk driving legal case at Georgia, visit http://Ga-DUI-Attorney.com/

Article Source: http://EzineArticles.com/?expert=Radhia_Gulam

What to Do Immediately After You've Been in an Accident

2011-09-08T20:26:00.000-07:00

The few moments immediately after an accident can be confusing and scary. More than likely you vehicle has been seriously damaged, and you or the people with you may have been injured. Below, I'll describe what you should do immediately after an accident to protect yourself physically and legally.

First, you should find a safe place to situate yourself. This will be, obviously, away from the road. Even if you have to leave your vehicle for a moment, it will be safer in case a secondary accident happens. Secondary accidents can occur when vehicles strike other vehicles which were involved in a crash. These can result in massive pileups, and fatalities if the occupants of the vehicles involved in the original crash are still present. In short, get off the road and somewhere you are out of the way.
Next, you should call the police. Even if the accident is relatively minor, the police will file a report that your insurance company will want to read. It will record the conditions of the road, weather, vehicles, and persons involved. You may not realize it, but the person who was also involved in the accident may be intoxicated. The police will identify issues such as this and can record them for future use in court. It can also be difficult to search your memory later for details of the crash. Where was the sun, the condition of the road, and what were the particulars of the damage? These details are important, and a police report will ensure that they are recorded.
Your next call should be to your insurance company. They will inform you which towing service they prefer you use, which can be vital if you intend on being reimbursed. Coordinating with their mechanic shop of choice will save you money in the long run. They will also inform you if you need to take any other steps, such as immediately visiting a hospital to verify if you have any injuries.
The last critical step is to contact a personal accident attorney. A personal accident lawyer will be able to guide you through the steps to ensure your legal rights are protected. You may be instructed to be silent about the particulars of the accident, especially if you could be considered partially at fault. Be sure that you listen your attorney, as it could protect you from a lawsuit later on from the other party's insurance company; it could also protect you from rulings against your claim by your own insurance company.

Cias Hart is a veteran and resident of Arizona. If you've been involved in an auto accident, contact a Phoenix accident attorney immediately. A Phoenix accident lawyer can negotiate on your behalf with all insurance companies involved, and will represent you while you focus on recuperating. Stay safe!

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DUI Sentences - Ignition Interlock Devices

2011-09-08T20:24:00.000-07:00

Within the last few years almost all states have started using Ignition Interlock devices as a punishment for a DUI offense or as a condition for keeping your driving privileges after a DUI. An ignition interlock system is basically your own person breathalyzer that you must blow into before starting your car and then periodically blow into while driving, aka a rolling retest. For example you will blow into the device once to start the engine, then after 10 minutes an alarm with sound and you will have to blow into the interlock again.
After the first rolling retest, the alarm will only sound every 30-45 minutes. If you do not blow into the device when the alarm sounds, or if the device detects alcohol, it will start flashing your head lights and sounding the car horn. Despite what many people think, the ignition interlock will not turn of the engine of your car since this would cause an unsafe drive situation. Instead if it detects alcohol and the engine isn't currently running it will prevent it from starting, and enter a lock out mode that will stop the car from being started for 24-48 hours. If the engine is running when the failed test occurs, the car will be prevented from restarting once the engine is turned off.
The ignition interlock records the results of the breath tests, along with any disconnecting of your car's battery to discourage tampering. This log is downloaded each time you have the device calibrated, usually every 30-60 days. These logs are typically sent to your diversion or probation officer to be reviewed for any violations.
Expect to pay around $100 dollars to have the device installed, and a monthly service charge of $75. There really are no restrictions preventing the installation of an ignition interlock due to the make, model, or year of a car.
How do you find a Ignition Interlock Installer? Since the interlock installer must be licensed by your state, most companies are very regional focused. You should have received a letter from your state's DMV listing authorized interlock installers. If not, contact your state's DMV for a list of ignition interlock installers, or do a local Google search for a installer and contact them to confirm they are licensed for your area.

To learn more about what to expect during the legal DUI process [http://www.soyougottadui.com/DUI_Process.html] or to read more about DUI's in general visit, [http://soyougottadui.com].

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Cost of a DUI Lawyer . How Much Will You Pay to Get the Protection You Need in Your Case?

2011-09-08T20:22:00.000-07:00

Did you know that there are more DUI arrests each year than anything else? We are a country of drunk drivers and this is a problem. The courts and judges have started to really crack down and the penalties are becoming harsher by the minute. This is why you need to know the cost of a DUI lawyer and what you will be facing if you go to court without one.

If you decide to go to court without a lawyer chances are that you are going to get closer to the maximum penalties than if you go to court with a lawyer. This means that you could be facing jail time and you could be facing a much longer license suspension, which will make your life much harder than it has to be.
The cost of a DUI lawyer is going to range from about $500 to $5,000 or more depending on your case, the lawyer, and what you are after out of your case. Some have paid as much as $12,000 for a lawyer so that they could get out of a DUI, but others have gotten out of them for a few hundred. It really depends on your area and the lawyers that practice there.
However, even the most expensive cost of a DUI lawyer is worth it when it could save you from many months in jail, which means you will probably lose your job, and have to look for another when you get out. This can put a lot of stress on yourself and on your family that is just not necessary at all.

Click Here Now to discover how to find the Best DUI Lawyer in your area!

Article Source: http://EzineArticles.com/?expert=Tom_Macinaw

Arizona DUI Records

2011-09-08T20:18:00.000-07:00

Similar to arrest records, Arizona DUI records are a collection of cases wherein the offenders are charged with driving under the influence of alcohol or drugs. It is available for public viewing and is primarily used by insurance companies and agencies wishing to hire a candidate. The purpose is to make sure that the individual has no criminal records related to drunken driving.

Registrations of the DUI records are done by the motor vehicle departments and the law enforcement agencies. Once a person is featured in the DUI records, normal life recedes into the distant past. Some aspects of the punishment include alcohol classes, enormous fines, and increased insurance costs. To avoid the legal complications, it is advisable to keep evidence in support of the driving school attended or fines paid.
Several companies in Arizona do regular, scheduled Arizona DUI Record checkups. Failure to inform the employer of a recorded offense results in the immediate loss of work and initiation of legal proceedings against the employee.
DUI records also make a note of less severe offenses like a parking ticket. In such cases, once the fine has been paid, it is recommended that the offender ensure that the authorities remove the name from the record. This is important because if the government agency fails to correct it on time, it leads to several complications, especially if the offense is committed following a theft of the vehicle. It can result in a case of mistaken identity and false assumption of an individual having served time for drunk driving. Inaccuracies in the DUI record can hike up the insurance rates and wreck the chances of success even for the most qualified candidate.
Simple safety precautions and advanced knowledge about Arizona DUI record allows one to correct the errors and avoid complications.

Arizona DUI Lawyers provides detailed information on Arizona DUI Lawyers, Arizona DUI Arrests, Arizona DUI Penalties, Arizona DUI Records and more. Arizona DUI Lawyers is affiliated with Arizona DUI Defense [http://www.e-ArizonaDUIAttorneys.com].

Article Source: http://EzineArticles.com/?expert=Alison_Cole

DUI Lawyer Costs - What Should You Pay For a DUI Attorney When You Go to Court?

2011-09-08T20:15:00.000-07:00

Are you getting ready to deal with your recent arrest and you know you need a lawyer? Do you want to know what the DUI Lawyer Costs are and how much you should be willing to spend? There are many ways to look at this situation and here is what you should expect. Here are just a few things you should know when you are facing a DUI.
If you are facing a DUI charge you could spend time in jail, on probation, doing community service, without a drivers license, and spend a lot of money for these things as well. This is not to mention that you will probably have to go to a series of classes having to do with drinking and alcoholism.

This is why the DUI Lawyer Costs should not matter too much. Think about it this way, if your lawyer keeps you out of jail and you do not miss any work or lose your job because of this problem, then he or she is worth a few thousand just for that. This does not mean that they will charge you this much.
Most DUI Lawyer Costs are under $1,500 and can be much lower depending on your area and the lawyer you choose. You just want to make sure you get one that will help you the right way and will get you a deal that you can handle and not one that will just get you the regular deal that everybody gets anyway.

Click Here Now to discover how to find the Best DUI Lawyer in your area!

Article Source: http://EzineArticles.com/?expert=Tom_Macinaw

Self Defense Laws in Arizona

2011-09-08T20:12:00.000-07:00

Self defense is something everyone thinks they understand. The concept of protecting yourself and your loved ones is generally considered to be sacred, and few would argue against such a right. Do you know what the law actually says about self defense? It is not as cut and dry as you might think. Like most statutes, there are complexities and legal language to understand. Why is this important? You never know when you could find yourself in an undesirable situation not of your own choosing; it is important should that time come that you know what you are allowed to do by law to protect yourself and possibly your family.

First, take a look at ARS 13-1404 if you like. Here I'll just go over my explanation.
To put this into layman's terms, you are justified in using lethal force when:
(1) A reasonable person would believe they were about to be injured.
or
(2) A reasonable person would believe someone was attempting to injure them.
and
(1) Physical force is immediately necessary to prevent injury
Further, you may not cry "self defense" if the following is true:
(1) Only words have been exchanged by the parties.
or
(2) The other party is a law enforcement officer.
or
(3) You initiated the encounter, and failed to attempt to leave and the other person keeps trying to hurt you or successfully does so.
Summarizing Section 5, be aware that you are able to use the same level of protection in defense of a third party as you are of yourself, as long as the same criteria are true for them. As you can see, it is not as simple as it first seems. Let me give you an example.
Suppose you are in a shopping mall with your family, when a drunk person approaches you. Again, suppose they are out of their mind, and are threatening you and your family and coming unreasonably close. You still may not use physical force to remove him from the situation. If you did, you could be charged with assault. It is not until you, under the "reasonable person" umbrella, believe you or a family member are about to be immediately injured and only physical force will stop the altercation.
While I do not sit here and seriously suggest you review the Arizona Revised Statutes while in the middle of a potential altercation in a public place, I do suggest that you remember one thing. Decisions made in the heat of the moment will be judged in the cool of the courtroom. Many have been tripped up by failing to remember this when their blood was hot, and they have sacrificed much for their mistake.
If you have been involved in a situation which you believe is justified under the self defense statute, contact a criminal defense lawyer. A criminal defense attorney will be well versed in the statutes and will know how to mount a defense against unreasonable prosecution when self defense is a valid claim.
Stay safe!

Cias Hart is a veteran and lifelong resident of Arizona. If you live in the greater metro area and have been involved in an altercation and are being charged with a crime, contact a criminal defense lawyer in Phoenix. If you do not currently have a relationship with a lawyer, consider contacting one. Knowing a reputable Arizona criminal defense attorney is a good protective measure for you and your family, should the worst happen and you be placed in a situation not of your choosing.

Article Source: http://EzineArticles.com/?expert=Cias_Hart

Arizona DUI Punishments

2011-09-08T20:10:00.000-07:00

Facing a charge of a DUI-related offense in Arizona is a serious legal problem, regardless of the circumstances. The public has pressured the legislature for years both in Arizona and around the United States to pass tougher punishments for DUI convictions, and the legislature has heeded that call.
Below is a look at the potential punishments for convictions of DUI charges in Arizona, and these represent the maximum penalties allowed by law. Rather than face these maximum punishments, you should contact a DUI defense lawyer in order to fight the case and possibly reduce your exposure.

DUI Punishments in Arizona
Below are the maximum punishments attached to the different DUI charges in Arizona:

First-time DUI - 180 days in jail, $1,800 fine plus jail costs, license suspension for 90 days and 12 months of an interlock ignition device.
Second-time DUI - 180 days in jail, $3,000 fine plus jail costs, license suspension for 90 days and 12 months of a breath alcohol locking unit on your car.
First-time Extreme DUI - If you are convicted of DUI with a BAC of .15 or above, you'll face a maximum of 180 days in jail, a $3,000 fine plus jail costs, a 90-day license suspension and 12 months of an interlock ignition device.
Second-time Extreme DUI - 180 days in jail, $3,750 fine plus jail costs, a one-year revocation of your driver's license and 12 months of an interlock ignition device.
First-time Super Extreme DUI - If you are convicted of a DUI with a BAC of .20 or above, you'll face 180 days in jail, $3,250 fine plus jail costs, a 90-day revocation of your driver's license and 18 months of an interlock ignition device.
Second-time Super Extreme DUI - Mandatory 180 days in jail, $4,000 fine plus jail costs, a one-year driver's license revocation and 24 months of an interlock ignition device.
Class 4 Felony Aggravated DUI - This charge arises if it constitutes your third DUI within seven years or a DUI with a suspended or revoked license. You will face a minimum of 4 months in prison, more than $150,000 in fines plus costs, a three-year driver's license revocation and an interlock ignition device.
Class 6 Felony Aggravated DUI - This charge arises when you are arrested for DUI with a child under 15 years of age in the vehicle. You will face the minimum sentences for the DUI charges above and could lose your vehicle. You could also face more than $150,000 in fines plus costs, a three-year driver's license revocation and an interlock ignition device.

Your Next Step
Of course, none of these charges listed above include such remedies as probation, alcohol assessments or the requirement to attend a Mothers Against Drunk Driving (MADD) Victims Impact Panel. Rather than face these charges alone, contact the Phoenix DUI lawyers at Phillips & Associates today to get the process of building your defense started. Please visit http://www.arizonacriminallaw.info to learn more about Arizona drunk driving penalties and defense strategies.

Article Source: http://EzineArticles.com/?expert=Andrew_Sarski

What Effect Will a DUI Have on My Immigration Status?

2011-09-08T20:07:00.000-07:00

The two main ramifications of a DUI on anyone who is an alien is deportation or denial of admissibility. An alien is anyone who is not a citizen of the United States and owes political allegiance to some other country. We recommend you consult with an immigration attorney because certain DUI convictions can affect your legal status. Although most DUIs are classified as misdemeanors, the penalties are quite severe. Furthermore, penalties for second or third time offenders are much worse, and if there is an injury involved your DUI could even be classified as a felony.

In some instances a DUI can lead to deportation. The Unites States Citizenship and Naturalization Services (USCIS) may determine that your DUI is a crime involving moral turpitude and or a crime of violence under current immigration laws. A crime involving moral turpitude is grounds for deportation or inadmissibility, denial of adjustment of status, or a finding of bad moral character at a naturalization interview. However, an ordinary DUI conviction by itself is generally not considered a crime involving moral turpitude. With that said, if there are any aggravating factors, such as receiving your DUI while driving on a suspended license, your DUI may be determined to be a crime involving moral turpitude.
You should also be aware that conviction under immigration law is much broader than under regular criminal law. Conviction is defined in immigration law as a formal judgment of guilt, or if adjudication of guilt has been withheld, where:
1. A judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere (no contest) or has admitted sufficient facts to warrant a finding of guilt, and
2. The judge has ordered some form of punishment, penalty, or restrain on the alien's liberty to be imposed.
Therefore, a diversion program where no conviction is entered can still be considered a conviction under immigration law. Each state has different laws with regards to DUIs. Arizona has some of the strictest DUI penalties in the country and that is why it is especially important that you consult with both a criminal and immigration attorney before being convicted of an offense that can permanently affect your immigration status. And please don't attempt to lie about your conviction. Lying about a DUI conviction on a visa application can result in a finding of fraud and misrepresentation which is sufficient cause for inadmissibility into the U.S. Besides, they have your fingerprints and your photograph when you were arrested so it's not likely you're going to get away with it.

My name is Christopher H. Ariano and I am a Phoenix immigration attorney and managing partner of Ariano & Reppucci, PLLC. We are a boutique law firm located in Phoenix, Arizona. If you are in need of an experienced and dependable Phoenix immigration lawyer, don't hesitate to contact me today.

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