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    Archives for March 2014

    Hit-and-run DUI can run you into a felony

    Criminal2 6.45.51 PMHere is a question for my readers:  What’s worse than driving drunk or drugged and getting into an accident?  Answer:  Driving drunk or drugged, getting into an accident, and fleeing the scene of the accident.  You can call it hit-and-run, failure to stop, or leaving the scene. It all comes down to this:  hit-and-run DUI can run you into a felony.

    As readers of this blog may already know, a DUI conviction can be a simple misdemeanor.  However, repeat offenses and other contributing factors can add up to a DUI felony charge in Arizona. Leaving the scene of an accident that involves any injury or death is always a felony.  Leaving the scene of an accident when only vehicle damage occurs is usually a misdemeanor.

    You may think you would be lucky if all you had to pay for was damage to a vehicle, or a couple of vehicles.  Although “lucky” is not a term anyone would normally associate with a DUI charge, vehicle damage is certainly different from harming a person with your actions behind the wheel. Because the other penalties, in cases of death and injury plus failure to stop, include incarceration from four to ten years added on consecutively to other time being served for other charges, driver’s license revocation from five to ten years, fines and other restitution, and the use of an IID (ignition interlock device).

    It is common sense–not legal advice–that if you are involved in any kind of motor accident, to stop immediately and call the police.  If you are involved in a DUI situation, your actions at the scene may have major consequences.  If you would like to know more about how DUI laws may affect you, or you are facing any DUI-related situation, contact Zachary Law Group.  We offer a FREE 30-minute case evaluation to help identify any legal issues that concern you.  Then we can work together to “Zach-It” – that is, establish and protect your legal rights, and pursue the best possible solution.

    Don’t hesitate to get in touch if you believe you need legal advice. Contact us at 1-855-Zach-law.

    DUI at SXSW: 1 repeat offender, 3 fatalities

    EmergencyThe famous Austin, Texas SXSW musical festival made major headlines in March for a reason other than the musical lineup and hip attendees.  An alcohol-impaired driver, trying to evade a sobriety checkpoint set up near the concert grounds, drove into a crowd of people.  Three fatalities resulted.  The 21-year-old driver had arrests for DUI and other criminal convictions in his past and present.  This incident adds another class of felony offense to his record.  He is being charged with capital murder for his actions.

    In this blog, we have already addressed topics including the purpose of sobriety checkpoints, their strategic placement at concerts, etc.; as well as how “stockpiling” DUI offenses can eventually turn to felony charges for repeat offenders.

    This terrible event only reinforces the reality of the danger of driving while drunk.  Lives have been lost.  Many families have suffered losses. The young man who has been charged, if convicted, may face the Texas death penalty, which is lethal injection.  There is no need to belabor the issues here, because the news media has covered just about everything. This young man made a series of very unfortunate decisions and he may lose his life as a result.  He will, of course, have his day in court.  That is his right.

    At Zachary Law Group, we take pride in establishing and protecting your legal rights, in DUI-related situations.  We work with every client to determine the best possible legal solution, and we offer a FREE 30-minute case evaluation to help answer your questions and address your concerns.

    We have a unique approach to our work when we take on a case:  we “Zach-It” with everything we’ve got.  If you believe you need legal advice relating to DUI issues, please contact us  at 1-855-Zach-law.

     

    DUI is an entirely human process

    California DUI keysMore and more, technology is integral to the processes and devices associated with operating a motor vehicle.  And now, a Swedish entrepreneur is preparing to introduce “robogas,” a fully automated robotic refueling system that could eliminate the need for a driver to get out of the vehicle and hook up the nozzle to the gas tank.

    Time and laborsaving?  Possibly.  Something novel for early adopters of technology?  Definitely. But  the act of driving, as well as the act of consuming drugs or alcohol, are still totally, uniquely human.  There are devices to detect drug and alcohol impairment.  These include things such as Breathalyzers, metabolite blood tests, and ignition interlocks.  But those only come into play after impairment has been called into question by human law enforcement.

    Technology can be wonderful in the ways it protects us and enhances our lives.  However, it’s still a “personal” decision to determine if and when you should climb behind the wheel of a motor vehicle.

    I believe that it’s fine to use and enjoy technology associated with driving, but the responsibility for deciding if you are at risk to drive impaired is entirely yours.   Should you need advice or answers to your questions about how DUI laws could affect you, get in touch with the knowledgeable attorneys at Zachary Law Group.  We offer a FREE 30-minute case evaluation as a first step toward assessing your legal situation and determining the best possible solution.  That’s how we “Zach-It”!

    When you’re ready, give us a call at 1-855-Zach-law.

    St. Patricks Day DUI and Field Sobriety Checkpoints

    Zachary Law Group, would like to wish everyone a Happy St. Patrick’s Day.  Below is a current list of DUI and Sobriety check points in the Phoenix Metro Area!

    Monday, March 17: The East Valley DUI Task Force will be in Mesa from 7 p.m. to 3:30 a.m.

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    Friday, March 14 to Monday March 17: The Salt River police will be on the reservation’s border with Scottsdale, from 7 p.m. to 3:30 a.m.

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    Friday, March 14 to Monday March 17: Police in Phoenix will be operating “saturation patrols” based out of the following areas, from 9 p.m. to 4 a.m.:

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    There are no "untouchables" when it comes to DUI

    Book shelfRemember the old television series “The Untouchables”?  Or the movie of the same name in which Kevin Costner portrayed Elliot Ness?  DYou may even remember the real man:  Eliot Ness was a federal agent who specifically targeted bootlegging and the people who supplied alcohol illegally during Prohibition, in the early 20th century.  There is a recent news item across America that there are politicians in Washington who want to name the new headquarters of the Bureau of Alcohol, Tobacco and Firearms in honor of Eliot Ness.

    Since Prohibition law declared the manufacture, sale and transportation of alcoholic beverages illegal in the U.S., Ness worked to defend that law.  Did people find ways to make, sell, and drink it anyway?  Of course they did. Just watch the HBO series “Boardwalk Empire.” Did Ness himself ever drink alcohol or have personal opinions regarding Prohibition?  We may never know that. Prohibition ended in 1933; consuming alcohol is legal now (with certain exceptions), but driving under the influence of alcohol is not.

    By now, you have probably made the connection.  There are no “untouchables” when it comes to DUI.  Eliot Ness focused on defending the law.  As a DUI defense attorney, my work also centers on the law, and often, on the results of drinking alcohol.  At Zachary Law Group, we make it our mission to find legal solutions for clients facing DUI-related issues.  We establish and assert their rights under the law.   We offer a FREE 30-minute case evaluation too, so we can learn how best to represent our clients, in court and out.  That’s how we “Zach-It!”

    If DUI attorneys ever wanted a patron saint, perhaps Eliot Ness would be a fine choice.  Even he probably realized that some people will do what they want to do whether it’s legal or not, and so law enforcement will always have their work cut out for them.

    Should you have any questions about DUI law and how it may affect you, please don’t hesitate to contact an attorney who can help. Call us today at 1-855-Zach-law.

     

    A DUI charge can happen to anyone

    1- Underage California DUIA little over a week ago, news outlets reported that Kerry Kennedy, a member of the politically famous Kennedy family, was acquitted of a drug DUI charge in New York State.  The case had gone to court resulting a jury trial, and that jury had ruled in Ms. Kennedy’s favor.

    This news report may raise many questions in the minds of my readers.  Such as:  do all DUI cases, whether drug or alcohol-related, go to trial?  No, they do not.  Could a driver be charged with DUI for having taken legally prescribed medications?  Yes, they may.  Was it necessary for Ms. Kennedy to have an attorney present her case, since she is a well-known person?  No, it was not necessary, but it may have made a significant difference in the trial.

    Remember too, the law takes all categories of drugs into consideration:  legal, illegal, over the counter, anything that may cause impairment can result in being charged with a DUI. I would also like to emphasize that whatever kind of vehicle you are driving, whether or not there is damage or injury, and whatever your family name is, you could find yourself involved in a drug or alcohol-related DUI situation.

    Your first concern should not be, will this story make the paper, or Twitter, or headline the late-night news?  Your first concern should be to seek help from an experienced, capable DUI defense attorney.  Why not let us “ “Zach-It” –let us establish and assert your legal rights, and represent your best interests throughout the legal process. Here at Zachary Law Group we offer a FREE 30-minute case evaluation.  And if that’s news you can use, contact us today at 1-855-Zach-law.

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