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    Archives for May 2014

    Arizona online DUI classes

    Arizona online DUI classesReaders of this blog know we have discussed the penalties associated with drug or alcohol DUI convictions.  To date, we have not really addressed some of the specific requirements, other than fines and jail time that can be part of a DUI sentence. Specifically, the court can require what are known as “DUI classes,” in the interest of better education and, ideally, prevention of repeat offenses.

    DUI courses have required lengths; they also must be court-approved and licensed through the Arizona Department of Health Services.  The student is responsible for paying the course fees, and unless you are at the “maximum” end of things, these fees appear to be less expensive than DUI fines.  Another notable aspect is that DUI classes are available both as classroom courses, and online. Why should this matter?  Because jobs, families, health problems, and responsibilities can be at issue.  Also, if your license was suspended, that can make it more difficult to get to class. Offering online classes is certainly a way to make compliance with the law easier.

    What is covered in these classes?  That varies with the type of offense and sentence.  Generally, the topics covered can include the effects of alcohol and drugs on the human body, the specific DUI laws in your state, and case studies of how DUI, alcohol and drugs have impacted actual victims and their families.  Yes, there can be homework and tests.  Yes, you must do it all to receive documentation that you have completed your required classes.  Noncompliance can result in jail time or parole revocation.

    More serious offenses and sentences require more in-depth classes, longer terms, plus drug testing and substance abuse counseling.  Ideally, though, one “term” of DUI classes would be sufficient to discourage an offender from repeating any form of DUI offense.

    At Zachary Law Group, experienced attorneys work to establish, assert and protect your legal rights as related to DUI issues.  If you, or someone you know, needs information, please contact us.  We offer a FREE 30-minute case evaluation, to help provide answers. Bring us your legal problem, and we’ll “Zach-It”! Give us a call soon, at 1-855-Zach-law.

    Medical marijuana and DUI

    Medical marijuana and DUI

    Medical marijuana has been widely legalized; 21 states allow it.  But recreational marijuana, as of this writing, is still only legal in a few states, notably, Colorado and Washington.  And sure enough, human ingenuity has produced another market-conscious product:  a medical marijuana vending machine.  In fact, the company that invented it is here in Arizona.

    No, you don’t just drop in a quarter and pull a lever.  From reports on the machine’s debut in Colorado, there is a more involved protocol.  First, medical marijuana customers must be admitted through security measures at the dispensary.  Then, they must swipe their medical marijuana ID card through a device on the vending machine.  State laws regulate the prices and the amount of product a customer may buy. Any question as to customer age or eligibility will stop the machine from dispensing.

    It’s hard not to admire this fusion of low- and high-tech machinery.  That being said, though, I can’t help wondering how long it will take for someone to find a way to misuse this new machine.  Even though it is legal to use marijuana in certain situations, users or abusers who choose to drive impaired may still face charges and possible conviction.  And to the best of my knowledge, there’s no button, lever or card scanner that will make those DUI consequences go away.

    As an experienced Arizona DUI attorney, I’m here to provide answers and legal guidance.  If you, or someone you know, are facing a drug or alcohol DUI situation, I encourage you to get in touch with Zachary Law Group.  You may want to take advantage of our FREE 30-minute case evaluation, to help provide answers to your questions.  Whatever your concerns, we will do our best to manage your legal situation, and “Zach-It”!  Don’t wait and worry about the worst that could happen.  Give us a call soon, at 1-855-Zach-law.

    DUIs and keeping children safe

    DUIs and keeping children safeOne of our recent blog topics centered on risky behavior involving teenagers and underage DUIs. And in early May, the Pediatrics journal of the American Academy of Pediatrics published an article regarding a study focusing on DUI as a major cause of child fatalities.

    According to that article,  one out of every five child passenger deaths in the U.S. involves a driver impaired by alcohol.  In the study, which covered a period of nearly ten years, 65% of the children who were killed were riding with an alcohol-impaired driver.  Additionally, most of these children were not wearing seatbelts or any kind of restraints.  Tbe study also reported those states with the highest fatality rates for children riding with impaired drivers; Arizona was not listed among the highest or the lowest states.

    Parents, generally speaking, do everything in their power to protect their children, and take safeguards and precautions, such as seatbelts, seriously.  People who choose to drive while impaired by alcohol or drugs may not even pause to consider that they are risking their own safety, so it follows that protecting the safety of passengers, other drivers, and even pedestrians may not be top of mind either.  But studies like this newly released report certainly “drive home” the terrible consequences that can result.

    Educational and prevention initiatives are suggested in the study as some of the ways to prevent future child fatalities related to DUI.  So are tougher penalties.  Still, the responsibility centers on the person climbing behind the wheel.  And whether the purpose is a car pool, school field trip, family get-together or dentist appointment, if there are children or teenagers in the vehicle, that great responsibility becomes even greater.

    If you have questions about Arizona DUI laws, or know someone who needs help regarding a DUI-related legal situation, please call Zachary Law Group.  Talk to one of our experienced attorneys about your concerns. We offer a FREE 30-minute case evaluation, and when we take on your legal case, we’ll do our best to “Zach-It”! Think about the safety of your family and loved ones. Give us a call soon, at 1-855-Zach-law.

    Motorcycles and Arizona DUI

    Motorcycles and Arizona DUIThis blog talks at length about driving while impaired, but to this point, we have only mentioned automobiles in relation to DUI and DWI.  We have not discussed motorcycles and Arizona DUI.  And, speaking of that, there is actually an organization known as B.A.D.D. – Bikers Against Drunk Drivers.  According to their website, B.A.D.D. has over two million members worldwide.  This organization not only works to increase awareness of the dangers of drunk driving, they also participate in philanthropic efforts directed at helping people and families who have been affected. And that is all to the good, in my opinion.

    To turn this discussion in a different direction, though, what happens to you if you are stopped while riding a motorcycle, on suspicion of DUI?  Are the laws and penalties for motorcycles and Arizona DUI the same as those for driving an automobile?  Well, in the state of Arizona, you must apply and take tests before you can receive your motorcycle driver’s license with its Class M designation. As with cars, you must be 16 and have completed instruction, following the state laws for licensing drivers. This is particularly important, because, as the Arizona Department of Highway Safety reminds us, motorcycles are more difficult to operate than cars, and require mastering different skills.  Also remember, the motorcycle license carries the same “implied consent” provision that means you must submit to a blood, breath or urine test if you are brought in on suspicion of DUI.

    Now, back to motorcycles and DUI.  You can look online for Arizona news stories about motorcycle crashes, chases and other accidents that resulted in DUI charges, and you’ll find them. So what do the laws say, exactly? The Arizona Revised Statute 28-892 specifically addresses the legal aspects of riding motorcycles and all-terrain vehicles.  But in terms of DUI laws and penalties, Arizona Revised Statute 28-1386, is entitled (in part):  Operating a motor vehicle, aircraft, watercraft or water skis under the influence.  The bottom line is that a motorcycle is a motor vehicle. Arizona DUI laws and penalties apply the same to the driver of a motorcycle as they do to the driver of an automobile.

    Whatever type of motorized vehicle you drive, if you need help with a DUI-related issue, get in touch with Zachary Law Group.  We offer a FREE 30-minute case evaluation, to help provide answers to your questions and concerns. When we take on your legal problem, we do everything we can to “Zach-It”!  You can reach us any time, at 1-855-Zach-law.

    Arizona court overturns marijuana DUI decision

    Arizona court overturns marijuana DUI decisionThe Arizona State Supreme Court very recently made a significant ruling in the category of drugged DUI and marijuana use.  Specifically, the court overturned a lower court’s decision that allowed law enforcement to prosecute marijuana users for DUI even when there is no evidence of impairment. In short, you can no longer be prosecuted for DUI just because there is evidence of marijuana metabolites in your blood.  If you are not impaired at the time of the DUI stop, the issue of whether or not you have used marijuana will not be a contributing factor toward a DUI conviction.

    This ruling takes into account what is now lawful medical marijuana use, and, in some states, lawful recreational use as well.  Drug tests that determine the presence of marijuana metabolites reveal two different substances.  One of these substances causes impairment and the other does not, but the non-impairing compound stays in the user’s system for weeks.  In English:  if you used marijuana and then a week or so later get picked up on a DUI, that non-impairing chemical cannot be used as evidence against you (unless you are impaired at the time of the stop).

    Not all of the Justices agreed with the ruling.  And some U.S. states still have no-tolerance statutes regarding marijuana use and DUI.  This ruling will benefit people in Arizona who use marijuana for medical reasons. However, as of this writing, recreational marijuana use is still illegal in Arizona, and so is driving while drug-impaired.  But laws, like many other things in our lives, continue to change and evolve.

    As a DUI attorney in Arizona, I stay current with the laws that affect my clients.  If you have questions or concerns about how any marijuana DUI-related laws may affect you, or you are seeking legal advice, please get in touch with us at Zachary Law Group. We offer a FREE 30-minute case evaluation, so we can talk about your issues.  When we represent you, we’ll focus on the best possible outcome, and “Zach-It”!  So give us a call soon, at 1-855-Zach-law.

    Arizona court overturns marijuana DUI decision

    Arizona court overturns marijuana DUI decisionThe Arizona State Supreme Court very recently made a significant ruling in the category of drugged DUI and marijuana use.  Specifically, the court overturned a lower court’s decision that allowed law enforcement to prosecute marijuana users for DUI even when there is no evidence of impairment. In short, you can no longer be prosecuted for DUI just because there is evidence of marijuana metabolites in your blood.  If you are not impaired at the time of the DUI stop, the issue of whether or not you have used marijuana will not be a contributing factor toward a DUI conviction.

    This ruling takes into account what is now lawful medical marijuana use, and, in some states, lawful recreational use as well.  Drug tests that determine the presence of marijuana metabolites reveal two different substances.  One of these substances causes impairment and the other does not, but the non-impairing compound stays in the user’s system for weeks.  In English:  if you used marijuana and then a week or so later get picked up on a DUI, that non-impairing chemical cannot be used as evidence against you (unless you are impaired at the time of the stop).

    Not all of the Justices agreed with the ruling.  And some U.S. states still have no-tolerance statutes regarding marijuana use and DUI.  This ruling will benefit people in Arizona who use marijuana for medical reasons. However, as of this writing, recreational marijuana use is still illegal in Arizona, and so is driving while drug-impaired.  But laws, like many other things in our lives, continue to change and evolve.

    As a DUI attorney in Arizona, I stay current with the laws that affect my clients.  If you have questions or concerns about how any DUI-related laws may affect you, or you are seeking legal advice, please get in touch with us at Zachary Law Group. We offer a FREE 30-minute case evaluation, so we can talk about your issues.  When we represent you, we’ll focus on the best possible outcome, and “Zach-It”!  So give us a call soon, at 1-855-Zach-law.

     

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