Underage Drinking

Published on: May 5, 2014

Cinco de Mayo DUI Arrests

By Law Offices of Trent R. Buckallew, PC

Cinco de Mayo is one of the biggest drinking holidays of the year, and this year was no exception with the many festivities and celebrations across the Valley over the weekend. And of course, along with this comes an increase in DUI enforcement, and Law Enforcement agencies across the State established DUI checkpoints and increased patrols statewide. While traffic stops increased significantly, the AZ Governor's Office of Highway Safety reported fewer DUI arrests over the 3-day period leading up to the Cinco de Mayo holiday this year. According to Albert Gutier, Director of the Office of Highway Safety, the reduced number of arrests can be attributed to ensuring people get the message about driving under the influence and many driver's out on the roadways may have seen the large LED message signs that read "Drive Hammered Get Nailed" (azcentral.com). While final numbers have not yet been reported from all of the agencies across the state, it appears that the number of arrests has been decreasing and more people are relying on designated drivers or other alternatives to driving under the influence of alcohol.

If you were charged with any type of DUI violation – including 1st Time DUI, Extreme DUI, Super Extreme DUI, Aggravated DUI, Underage DUI, DUI Drugs, or any other type of DUI, it is important to seek the advice of experienced legal counsel before making any decisions in your case. An experienced attorney will discuss your legal options with you and ensure you understand your rights, the criminal court process; the possible penalties associated with your charges, and discuss your legal options with you. The Firm handles both alcohol and drug related DUI charges in the East Valley, Phoenix, West Valley, and throughout the State of Arizona. If you were arrested by the DUI Task Force, or any law enforcement agency in the State of Arizona, contact the Firm at (602) 825-3300 to arrange a free consultation regarding your case.

Mr. Buckallew is a Board Certified Criminal & DUI Specialist, having been certified by the State Bar of Arizona. He understands the serious consequences (which can include jail time, fines/fees, alcohol treatment and classes, interlock ignition requirements, and other penalties) and hardships (including possible loss of driving privileges) resulting from a DUI conviction and will work vigorously in building a strong defense on your behalf. The Firm is experienced in handling all types of DUI cases and has proven results ranging from acquittals at trial, full dismissals and negotiating non-DUI plea agreements. Having confidence in your attorney and in the legal representation that you will receive is a critical factor when looking for the right attorney to represent you.

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Published on: April 24, 2014

Tempe Underage Drinking Crackdown

By Law Offices of Trent R. Buckallew, PC

After the recent tragic death of an 18-year old ASU student, Tempe and several other Valley Law Enforcement Agencies have been cracking down on underage drinking violations around the ASU campus in Tempe, in an effort to prevent future alcohol related incidents that could lead to injury or death. According to a recent azcentral.com news report (4/7/14), police arrested 237 people during a recent weekend task force operation. Tempe and ASU Police Departments were joined by officers from several neighboring agencies, including Mesa, Chandler, Gilbert, Maricopa County Sheriff's Office, AZ Department of Public Safety (DPS) and the AZ Department of Liquor License and Control. The arrests from the recent weekend task underage drinking task force included Minor In Consumption (of alcohol) and Minor in Possession (of alcohol) violations as well as DUI – drinking and driving arrests.

The Firm has represented ASU students and other young adults in all types of drinking related violations including Underage DUI, Minor in Consumption, Minor in Possession and most other alcohol related charges. Mr. Buckallew frequently handles cases in the Tempe Municipal Court as well as the University Lakes Justice court and most other Municipal Courts and Justice Courts throughout the Valley. He has significant experience in defending all types of criminal violations including DUI and other alcohol related cases. Mr. Buckallew is a Board Certified Criminal Defense Specialist, having been certified by the State Bar of Arizona. If you have been charged with Underage Drinking, Underage DUI, Minor in Consumption, Minor in Possession, or any other alcohol related or criminal violation in Tempe, contact the Firm today to discuss your legal options with a Criminal Defense Specialist.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

Published on: February 14, 2014

Gilbert DUI – Is DUI Breath Evidence Reliable?

By Law Offices of Trent R. Buckallew, PC

Gilbert DUI – Is DUI Breath Evidence Reliable?

A DUI case requires an attorney with knowledge of the forensic science involved in both breath and blood testing. Each method has its own potential error sources and each method has its own unique vulnerabilities. In this post, we will discuss a breath based DUI and the potential weaknesses inherent in this method of measuring blood alcohol levels in a person's system.

Blood alcohol concentration, as measured by a breath analysis machine, is a complicated process where ethanol particles found in the breath of the person being tested absorbs infrared light produced inside the breath analysis machine. The resulting loss of light is measured to determine the amount of ethanol present in a given sample. In this sense, the machine uses an inverse relationship between the loss of light sharing a direct relationship to the amount of alcohol present in a given breath sample. In other words, the lower the light level present in the machine translates to more alcohol being present in the breath sample being analyzed. This amount is then converted to the level of alcohol thought to be present in the blood of the person being tested.

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Published on: February 12, 2014

Tempe Felony DUI Defense

By Law Offices of Trent R. Buckallew, PC

Tempe DUI Defense

If you have been arrested for DUI in Tempe, contact a Board Certified Criminal Law Specialist to discuss your rights and legal options before making any decisions in your case. DUI litigation is a complex area of law and there are many variations of DUI related charges. While a first time DUI is usually charged as a misdemeanor, certain factors can also result in a DUI case being charged as a felony. DUI's are commonly thought of as alcohol related offenses, but a DUI can also occur when drugs are involved as well. The type of DUI a person is charged with will determine what the penalties will be if convicted. As mentioned earlier, while many DUI cases are charged as misdemeanors, the range of penalties vary, depending on blood alcohol levels, prior DUI history, and other factors. This is also true for felony DUI cases – the penalties are considerably harsher the more serious the allegations are as well as other factors such as whether the case involved a vehicle collision, or resulted in serious injury or death of another person.

Felony DUI

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Published on: October 2, 2013

Arrested in Avondale?

By Law Offices of Trent R. Buckallew, PC

Avondale is one of the fastest growing cities in the West Valley, settled at the base of the Estrella Mountains and just a 15-minute commute from downtown Phoenix. Thousands of NASCAR and racing fans descend on this city each year, attending races at Phoenix International Raceway (PIR), which is a significant boost to the local economy. Located in the heart of the west valley, Avondale is also nearby the University Of Phoenix NFL Stadium – home to the Arizona Cardinals, as well as several baseball spring training facilities, including the Los Angeles Dodgers and the Chicago White Sox in neighboring Glendale; the Cleveland Indians and Cincinnati Reds in nearby Goodyear; the San Diego Padres and Seattle Mariners in Peoria; and the Kansas City Royals and Texas Rangers in Surprise. Being centrally located in the west valley, with close proximity to many sporting events, year round entertainment, educational opportunities, shopping, dining and family activities, Avondale continues to grow and its population is expected to double in the next 5-7 years from its current population of around 76,000.

Law enforcement in Avondale is handled primarily by the Avondale Police Department and misdemeanor criminal complaints are generally filed in the Avondale City Court while felony criminal complaints are generally filed in the Maricopa County Superior Court. If you are arrested by AZ Department of Public Safety (DPS) or another law enforcement agency, your case may be handled in one of the west valley justice courts, including Country Meadows Justice Court, White Tank Justice Court, Agua Fria Justice Court or one of the other west valley justice courts.

The Firm represents individuals facing criminal charges throughout Phoenix and the West Valley, including criminal cases in Avondale and surrounding areas. Mr. Buckallew is a Board Certified Specialist in Criminal Law, having been certified by the State Bar of Arizona. He has handled a wide range of criminal cases, from simple misdemeanor criminal speeding tickets to very serious and complex felony homicide cases, DUI and Drug cases, Assault and Disorderly Conduct cases, Domestic Violence cases, Juvenile Crimes cases, Underage Drinking, and many other criminal cases. The Firm also handles matters involving Orders of Protection, Restraining Orders and Injunctions against Harassment. If you have been charged with any criminal violation in Avondale, the Firm can help.

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Published on: September 10, 2013

Tempe Operation Safe and Sober

By Law Offices of Trent R. Buckallew, PC

According to a recent report in The State Press (8/21/13), Tempe police officers began increasing their patrols with the start of the fall semester at ASU. They have launched a task force – Operation Safe and Sober – which will include saturation patrols around campus and surrounding areas in Tempe, beginning August 15 and continuing through the end of the month. Tempe police officers will be on the lookout for minors consuming alcohol, driver's under the influence of alcohol (or drugs), out-of-control parties and other related criminal violations. Their goal is to try and send a message to students early in the school year in an effort to help alleviate potential trends in these types of activities. The Tempe Police Department will also be working the night DUI task force with officers from other agencies, including MCSO, Scottsdale PD, Gilbert PD, Mesa PD and ASU PD. In addition to DUI and party patrols, officers will also focus on traffic violations, aimed primarily at pedestrians and bicyclists. While warnings will be issued during the first week of school for traffic violations, officers will begin strict enforcement of alcohol related violations right away.

Since the launch of Operation Safe and Sober, Tempe PD reported 371 arrests during the first week and another 486 arrests during week two of the campaign. Of the 371 arrests during the first week, there were 111 Minor in Possession of Alcohol arrests, 91 DUI arrests, 17 Extreme DUI arrests, 14 DUI-Drugs arrests, 6 Underage DUI arrests, 2 Aggravated DUI arrests and 54 calls for loud parties, among other various arrests. Arrests during the second week of the campaign include 208 for Minors in Possession of Alcohol, 85 for DUI, 68 calls for loud parties, and 14 for Minors, under the age of 18, in possession of alcohol.

Tempe PD has also incorporated an educational facet to this campaign and has been talking with students regarding alcohol, laws and safety measures.

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Published on: August 6, 2013

Breath Based DUI Cases in Chandler, AZ

By Law Offices of Trent R. Buckallew, PC

If you have been arrested for any type of DUI violation in Chandler, AZ or any surrounding areas, it is advisable to seek the assistance of an experienced Chandler Criminal Defense Attorney before making any decisions in your case. Aside from the complexities involved in litigating DUI cases, DUI penalties in the State of Arizona are some of the harshest in the country. A DUI case requires an attorney with knowledge of the forensic science involved in both breath and blood testing. Each method has its own potential error sources and each method has its own unique vulnerabilities. In this article we will discuss breath based DUI’s – blood based DUI’s will be covered in the near future.

The purpose of an itemized discovery request should be to obtain the necessary documents to establish that the individuals operating the various machines were qualified to operate them, and to verify that the machine in question was performing, at a minimum, consistent with established legal standards. (Note: This does not necessarily mean the machine was working properly.) Finally, obtaining exhaustive discovery allows your attorney an opportunity to discover when various machines were not functioning properly, or when established procedures and protocols were not followed. The specific items of information needed will be different for each case, but at a minimum, your request should seek to discover the following items in a breath case:

A copy of the investigating police officer’s Operator Permit Card showing that the officer was qualified to administer the breath test utilizing the make and model of the machine used in this case as required by AAC R-13-10-105(C)(1);

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Published on: July 19, 2013

Scottsdale DUI Factual Defenses

By Law Offices of Trent R. Buckallew, PC

If you were arrested for a misdemeanor DUI in Scottsdale, you will likely be cited into the Scottsdale Municipal Court, located at 3700 N. 75^th Street in Scottsdale, AZ. You may also be cited into the McDowell Mountain Justice Court or the Desert Ridge Justice Court if you were stopped along the 101 Highway – both of these courts are located at 18380 N. 40th Street in Phoenix, AZ. Scottsdale Felony DUI complaints are filed in the Maricopa County Superior Court – Southeast Facility, located at 222 East Javelina Drive in Mesa, AZ.

Investigating and litigating DUI cases can be complex, and if you plan to hire an attorney, it is important to find one who has experience in defending these types of cases. While there are many potential defenses in a DUI case, this discussion will focus primarily on "Factual Defenses" which may be advanced in your case.

What are "Factual Defenses"? Factual defenses can be quite complicated in DUI cases due to the large amount of scientific evidence that is normally involved in prosecuting these cases. A more specific (and more complicated) discussion of various factual defenses arising in the context of breath and blood evidence will be covered in future blog articles. Here, we will limit our discussion to a general overview of the categories of potential factual defenses that may arise in a given DUI case. Some of the more common defenses which may arise in the context of a DUI case include:

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Published on: May 25, 2013

Tempe Memorial Day DUI Task Force

By Law Offices of Trent R. Buckallew, PC

According to a media release by the Tempe Police Department, the agency will be out in force over Memorial Day Weekend and have established the following DUI Task Force locations:

Fri. May 24 5:00 p.m. Loop 202 & Dobson Rd. Tempe
Sat. May 25 6:00 p.m. Tempe Fire Training Facility, 1340 E. University Dr. Tempe
Sun. May 26 3:00 p.m. 7300 E. Shoeman Galleria Scottsdale

See Media Release here

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Published on: May 24, 2013

Mesa PD Memorial Day DUI Task Force

By Law Offices of Trent R. Buckallew, PC

According to a recent news release by the Mesa Police Department, they will be participating in the annual East Valley Memorial Day DUI Task Force. These operations will consist of both sobriety checkpoints as well as DUI saturation patrols throughout the East Valley. The task force will be employing a zero-tolerance approach to any driver found to be impaired either by alcohol and/or drugs, and also any underage driver or passenger with alcohol in their system. Law enforcement is reminding people to enjoy the holiday, drink responsibility and either designate a sober driver, call a cab, or ride the light rail.

If you have been arrested for a DUI or any other criminal violation, it is important to understand your rights. Before police begin questioning a suspect, he/she is required to read you a Miranda warning, reminding you of your rights. Listed below is an example of typical language used in a Miranda warning:

You have the right to remain silent and refuse to answer questions. Anything you say may be used against you in a court of law.
You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney

Whether you are in custody, or out of custody, it is important to understand that you should not speak with anyone about your case except your attorney. This is especially true if you are in custody, as all of your communications can be monitored, especially communications on jail telephones. Communications with your attorney are protected and privileged, including communications over the jail telephones. Therefore, do not communicate with anybody about your case other than your attorney. This applies to individuals who are in custody and out of custody.

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