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    Archives for June 2014

    A new definition of drug charges

    A new definition of drug chargesHere is a new definition of drug charges:  can you imagine buying marijuana on your credit card?  Regular readers of this blog know by now that medical marijuana is legal is 21 U.S. states, and that two states, Colorado and Washington, allow recreational use of marijuana. We have also discussed topics relating to the commercial, marketing, and economy-impacting aspects of the marijuana industry, so to speak.

    Here comes another revelation: In states where marijuana sales are legal one can purchase the drug and put it on your credit card.  Two major credit card providers, however, do not permit their cards to be used for the purchase of marijuana. And a third major card company allows their card to be used for marijuana purchases only in states in which the drug is legal. These credit card companies’ positions on marijuana sales, however, continue to evolve, as do the laws regarding marijuana itself. And as news stories and blogs continue to point out, debit cards are another story entirely.

    This topic is merely a jumping-off point: we all know that marijuana is legal in some places and some cases. Some people buy it illegally. Some people use it to excess. Some financial product providers make it more difficult to buy marijuana with their cards; others do not.

    Drug DUI is a very real offense, with very real penalties and consequences. Whether the drug itself is legal or not, the officer who stops your vehicle on suspicion of drug-impaired driving isn’t going to check your credit card receipts. He will, however, check for other physical signs of impairment. And if you are charged and convicted of drug DUI, you could very well end up with a lot more trouble than just a case of buyer’s remorse.

    Call this a cautionary tale, or blog, or anecdote. But if you would like more information about how Arizona DUI laws may affect you, or you are seeking legal advice regarding a DUI situation, please contact Zachary Law Group. We offer a FREE 30-minute case evaluation, to get started on the way to resolving your legal issues. We can provide answers to your questions, find solutions that can help you, and represent you in court, if need be. Worried about your legal problem? Let us “Zach-It”! Just get in touch with us by calling 1-855-Zach-law.

     

    Arizona DUI and the other kind of bars

    Arizona DUI and the other kind of barsStephen King set his “Shawshank Redemption” and “The Green Mile” stories in prison environments. Elvis swiveled his hips in striped pants and sang in “Jailhouse Rock.” “Orange Is The New Black” is one of the hottest TV shows around. “OZ” paved the way for other iconic HBO series.  What is it about jails and prisons that inspires so much drama?

    I believe that jails, penitentiaries and prisons fascinate people who are “watching” from the outside. Why? Horror, compassion, curiosity, and relief that it’s somebody else, just to name a few. But whatever feelings this subject elicits, I am not here to make generalizations, point fingers, or render any kind of judgment, personal or legal. My intent is to inform, educate and maybe even promote discussion about the subject of DUI.

    DUI and jail. DUI and prison. They go together like law and order. My extensive experience as a DUI attorney necessarily includes knowledge of Arizona DUI sentences. Even a first conviction can require jail time. Aggravated DUI convictions carry prison terms. Repeat offenders receive harsher penalties. It only gets worse from there, so let’s hope you never find out firsthand.

    And while you may enjoy reading about prisons, or have a favorite jail-centered TV show or movie, let’s agree on one point: it isn’t glamorous. It isn’t romantic. It isn’t fun. And the rest of the adjectives I would use in describing the experience of incarceration are all negative ones.

    Is being locked up once enough to put off an offender from committing another DUI? Again, I would say, let’s hope so. Unfortunately, the fact that the penalties get tougher for repeat offenders would seem to indicate that not everyone learns from experience.

    If you or someone you know is dealing with a DUI-related issue, please do not hesitate to give us a call at Zachary Law Group. Speak to an experienced attorney, FREE 30-minute case evaluation. We are here to help you, whether it’s to answer questions, establish your legal rights, and represent you in court. We have the knowledge and the experience to take on your legal problem and “Zach-It”! Do the smart thing and contact us soon, at 1-855-Zach-law.

    Palcohol and underage DUI

    Palcohol and underage DUIA new alcohol product on the market has many organizations and lawmakers concerned, notably Mothers Against Drunk Driving, particularly in relation to a new perceived threat to underage drinkers. The product, known as Palcohol, is a powdered form of ingestible alcohol. There are already many kinds of alcohol-“spiked” products on the market, such as alcohol/caffeinated beverages and even alcohol-infused whipped cream. Powdered Palcohol presents some new potential problems and/or advantages, depending on your point of view.

    Powered alcohol, obviously, is more easily portable in its one-ounce packets, and more easily hidden. This might make it very tempting for underage drinkers. It can be formulated in different flavors, but though it doesn’t create an instant beverage, it can also be abused like other drugs in powdered form, such as cocaine. And as readers of this blog know, even legal products can, and usually will be, abused by someone, somewhere. Unfortunately, when it comes to impairment, where there’s a will, there’s a way. Especially among teens experimenting with risky behavior in every possible form.

    As of this posting, the U.S. Alcohol and Tobacco Tax and Trade Bureau has not formally approved the Palcohol products. Initial “label approval” was rescinded this past April, but only time will tell whether the products will gain approval for sale in the U.S. And if Palcohol becomes legal, no doubt Arizona law enforcement officers will be trained regarding its formulations and effects, pertaining to DUI situations.

    Knowledge of new products and new laws is part of my responsibility as an Arizona DUI attorney. The more we know, we better we can help those in need of legal advice. If you, or someone you know, has any questions relating to DUI laws, or are facing a drug or alcohol DUI situation, please contact Zachary Law Group. We offer a FREE 30-minute case evaluation, to get started on resolving your legal issues. We will identify, establish and assert your legal rights, and work toward the best possible outcome. So don’t waste time worrying. Pick up your phone and talk to an experienced attorney, at 1-855-Zach-law.

    DUI and drunk dialing

    DUI and drunk dialingSome people, when they drink too much alcohol, can be seized by the impulse to communicate, by phone or cell phone, with people in their lives. Unfortunately, these communications can be as “impaired” as the person relaying them. Too much information? Too much emotion? Too many expletives? Let’s say that the “morning after” drunk dialing can include a large serving of regret.

    Now, how do you make an episode of drunk dialing or texting even worse? Do it while you are driving: that is, while driving impaired by alcohol. Driving while distracted can cause accidents. Driving while impaired is already dangerous in itself; add another element to distract the driver, and the results could be deadly.

    Change is the only constant. Languages and laws both change, and evolve, right along with the rest of the elements of daily living. At present, the state of Arizona does not have statutes that ban hand-held cell phone use while driving, or any laws in force that forbid texting while driving.  (Arizona school bus drivers are an exception; they may not use any type of cell phone while driving.)  Some states ban all cell phone use while driving; some concentrate only on younger or inexperienced “novice” drivers. It’s possible, maybe even likely, that these laws will change down the road.

    Arizona laws do forbid driving while impaired by drugs or alcohol, and people continue to need legal help in DUI-related situations. So please bring us your questions, concerns, and problems. At Zachary Law Group we provide a FREE 30-minute case evaluation. We’ll talk about your legal rights, find a solution that’s best for you, and help resolve every issue. That’s how we “Zach-It”! So don’t wait for problems to escalate. Call us soon at 1-855-Zach-law.

    Arizona group helps prevent holiday DUIs

    Arizona group helps prevent holiday DUIsGenerally this blog discusses DUI from a legal point of view, focusing on the subjects of legal responsibility and accountability for those who drive while impaired, as well as the actions of those who enforce the DUI laws and work to prevent repeat offenses.

    That’s why I believe this topic is a breath of fresh air, so to speak.  It’s about the actions of a particular Arizona group, and how their actions work to prevent DUI-related accidents.  And this good work is not done with a profit motive, but with public safety in mind.

    Since 2009, AAA Arizona has sponsored their Tipsy Tow Service during holiday periods.  The service offers a free one-way ride and tow, for a driver, one passenger, and a vehicle, to the driver’s home within a 10-mile distance.  I consider this a brilliant preventive measure that elps keep impaired drivers (and passengers) off the roads.  And that helps avoid accidents, injury, and property damage.  The AAA Arizona website also mentions that calls for Tipsy Tow Service can come from bartenders, party givers, restaurant managers, or anyone needing help for themselves and others.  And the service is available to everyone, even without AAA membership.

    As recently as Memorial Day Weekend here, the Tipsy Tow-ers were hard at work, and July 4th is not far off.  Of course, holiday weekends bring additional DUI checkpoints and extra officers on the watch for impaired drivers.  And all over Arizona, the Tipsy Tow Service will be standing by as well, at 1-800-AAA-HELP (1-800-222-4357).  Their mission and dedication is something to be respected and admired!

    The experienced attorneys at Zachary Law Group are here to provide answers to your questions, concerns and legal issues regarding DUI-related situations.  We offer a FREE 30-minute case evaluation, to get a good start on evaluating your options and establishing your legal rights.  Please do not hesitate to contact us if you or someone you know needs help.  We will do all we can to find the best possible solution to your problem, and “Zach-It”! Give us a call soon, at 1-855-Zach-law.

    Bartenders and DUI

    Bartenders and DUIThis blog has covered many DUI related topics, including laws, penalties for DUI offenses, and much more, from both the driver’s and law enforcement’s perspective.  Now we are going to take a look at another side of the subject, namely the role of the alcohol server–that is, bartenders– and their roles and responsibilities before a DUI event even occurs.

    Chances are, readers are aware of laws and news stories regarding accountability of alcohol providers, such as parents whose underage children consume alcohol at home parties, or hosts whose adult guests are overserved.  These people carry more responsibility under current laws than in the past.  If not to observe the law, then the hope would be that people generally would use common sense.  But what if it’s your job, your business, to dispense alcohol?

    In the state of Arizona, prospective bartenders must be certified by the Arizona Department of Liquor Licenses and Control.  These candidates must undergo training, in classrooms or online, in several aspects of the serving business, including alcohol safety.  This is known as Alcohol Serving Training, sometimes called TIPS Training.

    What kinds of subjects are included in this safety program?  Some are things that law enforcement officers also learn:  the effects of alcohol on a person and recognizing the signs of impairment.  Bartenders, since they are dispensing alcohol, must also know their legal responsibilities regarding public safety–such as estimating the blood alcohol level of a patron–in order to help prevent overserving and impaired driving.

    When bad things happen, such as a DUI, some people look around for someone to blame.  That’s why the laws continue to evolve and focus on awareness, responsibility, and accountability.  If you have questions or legal issues regarding DUI situations, you can become better informed by speaking to an attorney at Zachary Law Group.  We offer a FREE 30-minute case evaluation, to help provide answers to your questions.  We are here to help if you need representation, and our clients know we have a unique team approach:  we take on a problem and “Zach-It”!  It’s better to look for help than to look for blame, so give us a call any time at 1-855-Zach-law.

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