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    Archives for February 2014

    How Arizona law defines the substances involved in a DUI

    dui attorney lawyerWhat exactly does Arizona law have to say about the substances involved in a DUI?  It does not come any plainer, or clearer than this.  To paraphrase Arizona law A.R.S. 28-1381(A)(1): It is unlawful for a person to drive or be in actual physical control of a vehicle while that person is under the influence of intoxicating liquor, any drug, a vapor-releasing substance containing a toxic substance or any combination of liquor, drugs or vapor-releasing substances if the person is impaired to the slightest degree.

    DUI includes not just drinking, but also the consumption of drugs.  And the law does not differentiate between drugs that are ingested, smoked, inhaled, or taken internally by other methods…to put it a more colloquial way, in terms of law enforcement and how DUI is determined, drugs is drugs.

    Wait a minute, you say. What if you attend a children’s birthday party and inhale something from the helium-filled balloons?  What if a party host serves “enhanced” brownies? Or chocolate-covered rum balls?  What if you park in a garage full of carbon monoxide fumes? Or a person with diabetes takes too much, or too little medication, and then has just one alcoholic beverage?  Are those things going to get me arrested, jailed, or what?

    You can play “what if” until it’s no longer entertaining, but being charged with drug-related DUI in any form is no joking matter.  Incarceration, felony convictions, large fines, none of those is a joke, and all of those can accompany a DUI offense, depending on the circumstances.

    Getting behind the wheel while impaired may result from not thinking clearly, whatever you believe may be the cause.  Of course, nothing in this blog should be taken as legal advice.  If you have a DUI-related problem, your first thought should be to acquire experienced legal advice from an attorney well-versed in DUI matters.  At Zachary Law Group, you are welcome to come in for a FREE 30-minute case evaluation.  From there, we will do our best to assert your legal rights and represent you in court should that become necessary.  We’re ready to “Zach-It!” for you, but you need to make the first move.  Contact us today at 1-855-Zach-law.

     

    DUI and Arizona law

    going Green is what it takes for Global health.DUI and Arizona laws, like drugs, drinking and driving, don’t mix. Arizona law, specifically, A.R.S. 28-1381(A)(1) states, (and this is a little bit paraphrased):

    It is unlawful for a person to drive or be in actual physical control of a vehicle while that person is under the influence of intoxicating liquor, any drug, a vapor-releasing substance containing a toxic substance or any combination of liquor, drugs or vapor-releasing substances if the person is impaired to the slightest degree.

    Perhaps you are familiar with the saying about being “a little bit pregnant” – for the purposes of this article, we are going to examine what it means to be driving while a “little bit impaired”.  Like “a little bit pregnant” there is no such thing.  You either are or you’re not.  And in Arizona, “impaired” means even to the slightest degree.

    As far as Arizona law enforcement is concerned, driving impaired means, at minimum, a DUI charge is forthcoming.  A little bit impaired, intoxicated, buzzed, stoned, tipsy… no matter what you might call it, the law has a zero-tolerance approach to driving under the influence of alcohol and/or drugs.  The rest is all just semantics.

    “A little bit pregnant” is still pregnant.  “Impaired to the slightest degree” can get you thrown in jail.

    Of course, nothing in this blog should be taken as legal advice.  For that, you should contact an attorney; preferably one with experience in the area in which you are seeking counsel. Please remember, a DUI offense is not the occasion to try to talk yourself out of trouble.  If anything, it’s time to show at least a little bit of common sense.   I believe you can benefit if you find yourself in a situation like this by seeking assistance from an experienced DUI defense attorney at Zachary Law Group.  We have our own unique approach to helping clients, and finding legal solutions that work, both inside and outside the courtroom.   We’ll “Zach-It!” and that could make a great deal of difference in the outcome of your case. Contact us today at 1-855-Zach-law.

    The consequences of fraud crimes

    Woman plugging earsFraud, and the many types of crimes woven around it, can make for a fascinating story  in a movie or a novel.  It’s a category of crime involving people and deception.  But here in the real world, where I practice criminal defense law, the subject of fraud is a very serious, often life-changing one.

    You may only be familiar with the definition of fraud in terms of something being false, or fake.  In criminal law terms, fraud can take many forms.  I want to discuss these types of criminal charges, and their penalties here in Arizona.  Here is a brief breakdown:

    Credit card theft is a Class 5 felony, and even a first offense includes jail time.

    Fraudulent Use of a Credit Card can be misdemeanor or felony, depending on whether you are using the card or receiving anything purchased with an illegally obtained card. Jail or prison time is mandatory.

    Forgery is a Class 4 felony. Making, altering, or possessing a forged document, or trying to pass one off as legal or genuine, carries a prison sentence even for first-time offenders.

    Obtaining a Signature by Deception:  Obtaining someone’s signature with intent to defraud, or misrepresenting any information to obtain it is a Class 1 misdemeanor, but carries penalties of prison time and fines.

    Identity Theft, a Class 4 felony, is so prevalent in Arizona that it is treated very seriously in legal channels. The penalties for stealing/using another person’s identity include prison time plus additional charges for any fraud/forgery crimes committed using another person’s name.

    Criminal Impersonation can refer to persons using false identification to obtain employment, and can be charged as a Class 6 felony or a Class 1 misdemeanor, depending on the circumstances. In any case, jail/prison time is incurred.

    I believe that only in books and movies should you ever see someone facing fraud charges defending themselves in a court of law.  It may make for interesting drama, but it may not be the best choice you can make. Call Zachary Law Group for a FREE 30-minute case evaluation.  Our experienced attorneys will go to work asserting and protecting your legal rights in court. When we “Zach-It!” you’ll know we are working toward the best possible resolution to your case. Contact us today at 1-855-Zach-law.

     

    Vehicular manslaughter and Arizona law

     

    California DUI accident 2Some DUI offenses involve no more than the driver of a vehicle being stopped by a police officer for driving erratically.  Unfortunately, some DUI convictions are for offenses far more severe.  These include what is known as vehicular homicide or vehicular manslaughter.  This crime involves death that is a result of either driving while committing an unlawful act that is not a felony, or the negligent operation of a vehicle.

    Most U.S. states have statutes that recognize a vehicle as a potentially deadly weapon.  However, three states–including Arizona–do not have vehicular homicide statutes.

    Penalties for vehicular manslaughter and vehicular homicide also vary by state.  But whether the person facing the charge is a first-time offender or a repeat one, the crime is always regarded as a felony.  Jail and/or prison time vary, but can often run more than 10 years, and in some cases even up to twenty.

    Some cases of vehicular manslaughter are the result of accidents.  Some are the result of DUI.  If you are facing charges of vehicular manslaughter in Arizona, you should call a criminal defense attorney as soon as possible. Remember, if you are involved in any DUI-related vehicular manslaughter case, you have the right to consult an attorney and have the benefit of a proper defense.  Once your attorney has reviewed the facts of your case, he can recommend the next course of action. I believe you should work with an attorney that has experience dealing with the prosecution and justice system of the courts you will be facing. The experienced attorneys at Zachary Law Group are dedicated to asserting, establishing, and protecting your legal rights in court.  So don’t wait.  Bring your questions and legal issues here, and we’ll do everything we can to “Zach-It!”  Contact us today for a FREE consultation at 1-855-Zach-law.

    Non-dischargeable debts in Chapter 7 bankruptcy

    Person surrounded in billsFor some individuals, filing for Chapter 7 bankruptcy can appear be the only way to end overwhelming financial responsibilities.  However, even within the legal protections that bankruptcy can bestow, there are many types of debts.  Some of these are referred to as “non-dischargeable”, that is, bankruptcy does not make them go away.  The debtor must still pay these obligations.

    The types non-dischargeable debt in Chapter 7 bankruptcy were not arbitrarily chosen.  They are designated as non-dischargeable because of the nature of the debt, including debts resulting from improper or illegal behavior by the debtor.  However, with all things related to bankruptcy, things are not necessarily clear-cut.  For some non-dischargeable debt, a creditor must challenge not to have their particular debt erased by the bankruptcy.  Examples of this can include certain credit card charges, cash advances, or debts created by fraud or intentional injury to another person.  Under some circumstances, even after debts under a Chapter 7 bankruptcy have been discharged creditors can continue to pursue repayment, and the law will support them in their efforts.

    There are actually 19 types of non-dischargeable debts in Chapter 7 bankruptcy. The following is an abbreviated list of  non-dischargeable debt categories.

    • Any unscheduled debts the debtor fails to list on the bankruptcy filing
    • certain taxes
    • alimony, child or spousal support payments
    • divorce or separation-related debts to children or ex-spouses
    • government fines or penalties
    • student loans
    • DUI-related debts for personal injuries caused
    • Some retirement plan fees
    • Condominium association or cooperative housing fees
    • Attorneys’ fees for child support/custody cases
    • Criminal restitution penalties and other court-imposed fines

    If you are facing problems with debt and are wondering if Chapter 7 bankruptcy is something you should explore, then your first step should be to seek the advice of a knowledgeable bankruptcy attorney.  Call Zachary Law Group for a FREE 30-minute case evaluation.  We’ll put our experience and unique approach to work on your behalf, to tackle your legal problem and “Zach-It!”  So don’t spend any more time worrying about your situation – bring us your questions!  Contact us today at 1-855-Zach-law.

    Check yourself before you wreck yourself: all about sobriety checkpoints

    DUI checkpointIf you have ever driven to a concert, raceway, sports event, state fair, or gone practically anywhere over a holiday weekend, chances are you have encountered a sobriety checkpoint on the road.  These checkpoints are roadblocks where law enforcement personnel stop vehicles to identify, potentially impaired drivers. Checkpoints can be set up to stop each vehicle one at a time.  Sometimes officers only check vehicles at certain intervals, such as every fifth car. The bottom line is that when a particular event is accompanied by alcohol consumption and attended by large crowds, these sobriety checkpoints are considered an ounce of prevention against DUI.

    What happens at a sobriety checkpoint?  Often, a portable Breathalyzer test will be administered to a driver. Occasionally, a driver may be asked to exit the vehicle and take a roadside sobriety test.  It is important to note that while you may respectfully refuse to take a sobriety test under normal circumstances, roadside checks may be an exception to this.  In this state, if the locations and times of upcoming checkpoints are announced, posted, or disseminated online by law enforcement, taking the sobriety test is required.

    Obviously, one can appreciate some other important objectives that sobriety checkpoints hope to achieve.  Officers may be able to detain people being sought for other crimes.  It is also gives the State an opportunity to inspect and check vehicles for license plate violations, up-to-date or expired tax stickers, and driving without a license.

    Should you encounter a problem related to a DUI charge, whether or not it was at sobriety checkpoint, call an experienced attorney at Zachary Law Group.  We offer a FREE 30-minute case evaluation, along with our own proprietary way of handling your legal problem:  we “Zach-It!”  Let us go to work on your behalf to assert and defend your legal rights.  Give us a call at 1-855-Zach-law.

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