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
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:
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.
If you have been arrested for any type of criminal offense in Arizona, you may be looking for a criminal defense lawyer in Mesa. Here at the Law Offices of Trent R. Buckallew, PC we can offer you the legal representation you deserve! One aspect of criminal law that often appears to be used frequently on television is the term "alibi," and while many may think it is just a cliché term, it is actually much more than that. An alibi is a legitimate claim that is given in the court of law when a person is accused of an illegal act as a defense mechanism used by their attorneys. Alibi claims are a respectable tactic used by legal professionals to help prove that their client is in fact innocent.
For example, perhaps an attempted murder occurred in your office one night and because it was on your floor you are a suspect for the act. However, if your lawyer is able to gather the sufficient evidence and witnesses to prove that you left early for a doctor's appointment the day of the murder, then the prosecution is going to have a much more difficult time trying to prove that you are still guilty of the violent crime.
Defendants may also still practice their Fifth Amendment right to remain silent by having a witness testify on their behalf. Often times a defendant will stay silent in order to protect their past history, perhaps of an assault crime, that the prosecution would try a hold against them. This way the defense attorney can prove to the court their client was not at the scene of the crime, with a trustworthy testimony from another person instead and leave the prosecution to have to give the burden of proof another way.
According to recent news reports (CBS5), the Maricopa County Sheriff's Office (MCSO) will be ramping up their DUI patrols over Memorial Day Weekend in recreational areas around the valley. The Sheriff's office has been granted funding from the Governor's Office of Highway Safety (GOHS), AZ Game and Fish and the U.S. Forest Service, enabling the department to perform saturation patrols over the upcoming Memorial Day weekend – one of the busiest drinking weekends of the year. The patrols will target some of the most popular recreational areas surrounding the valley, including Canyon Lake, Bartlett Lake, Saguaro Lake, Apache Lake, Lake Pleasant, the Verde River, Lower Salt River, other county parks and the Tonto National Forest.
Many of the arrests made by the MCSO over the past year include 849 misdemeanor DUI arrests, 1,362 Underage Consumption / Minor in Possession arrests, 94 felony Aggravated DUI arrests and 230 OUI – operating a watercraft under the influence arrests.
If you are charged with any type of misdemeanor alcohol violation at any of the lakes surrounding the valley, you will most likely be ordered to appear in either the Hassayampa Justice Court in Surprise, AZ (Northwest valley lakes) or the North Mesa Justice Court in Mesa, AZ (Northeast valley lakes). If you are charged with a felony alcohol violation, then your case will likely be handled in the Maricopa County Superior Court if you were within the boundaries of Maricopa County.
Under current Arizona law, drivers with a blood-alcohol content above 0.08% can be arrested for a DUI violation. Drivers with a BAC less than 0.08% can be charged with impairment, and in Arizona, we have a 'zero tolerance' law for anyone under the age of 21. Underage drivers can be charged with a drinking violation if any trace of alcohol is found in their system. The BAC limit for commercial drivers is 0.04%. The National Transportation Safety Board (NTSB) believes that it would benefit the public if states lowered the drinking threshold to 0.05% BAC. According to their studies, the NTSB believes that a lower threshold could save as many as 1,000 lives per year.
Some critics say that a 0.05% limit would mean that individuals would be at risk for a DUI arrest after only one glass of wine at dinner. After two glasses, the average male would be almost certain to receive a DUI charge if arrested while behind the wheel. Critics also say that the limit would unneccesarily criminalize social drinking and the American Beverage Association says that it may discourage individuals from ordering alcohol at restaurants and bars over the weekend.
Still, the NTSB argues that an average of 10,000 people die in alcohol-related crashes every year. The NTSB is petitioning the federal government to consider lowering the drinking limit in order to encourage less alcohol-consumption and keep intoxicated drivers off the street. If the BAC limit is lowered, it will undoubtedly lead to more arrests. If DUI laws are changed in the State of Arizona, individuals will need to understand how these changes will impact them and make appropriate adjustments in order to avoid DUI charges. If you need a lawyer for a DUI case in Mesa, Arizona, then you need to call The Law Offices of Trent R. Buckallew today for more information. Call (480) 630-2480 today for assistance in your case.
Under the Fourth Amendment of the United States Constitution, it is within the right of all people to be protected from experiencing unreasonable search and seizure of their properties. An officer of the law must have probable cause for checking your person or your property, particularly when seeking to use this information against you in the court of law. As an American, this right to privacy is only within reason from the federal or state authorities; the key word that one must remember is “unreasonable.”
If the officers of the law have any reason to suspect that your property can give them evidence of your involvement in a crime, or there is a specific circumstance that gives them justifiable reason to search your property prior to obtaining a warrant, then it is considered to be legal. If a law enforcement official does have probable cause, then your rights to protect anything your own or have is essentially eliminated. This means that they can search through your bank records, your home, garage, car, office, business or personal documents, trash cans, etc. There are also times in which the Fourth Amendment cannot protect a person as determined by the U.S. Supreme Court if there is no expectation to receive privacy.
First, if an individual expects they will have some level of privacy, then the officers cannot violate those rights outside of the probable cause. A clear example of this would be a person at the mall who uses the restroom will expect in their stall to have personal privacy, therefore someone opening the door on them would be an obstruction of that right. The second rule for this amendment is that if a person leaves something within plain sight, then the officer searching would not be conducting a “search” under the Fourth Amendment. For example, a student parks in the school parking lot and leave a handgun in their center console of the car, the officer can legally search the car without violating privacy rights because it was in a place where society could view the item.
Cinco de Mayo is a national holiday in Mexico marking a momentous time in history and has become a day of celebration and festivities in our country as well, particularly in bordering states such as Arizona. Festivities include indulging in Mexican food, dancing, parades, and of course, enjoying Mexican beer. Because it has become a big drinking holiday, law enforcement increases their patrol efforts, including establishing DUI checkpoints throughout this holiday weekend. According to a recent news article (AZCentral.com 5/5/13) police made 274 DUI arrests this past weekend (not including Sunday night) as a result of a statewide Cinco de Mayo saturation patrol effort. Of these 274 arrests, there were 74 Extreme DUI arrests, 36 Aggravated DUI arrests, 35 people who had prior DUI arrests and the average blood-alcohol content (BAC) cited was 0.153 percent – almost twice the legal limit of 0.08 percent.
An individual is charged with Extreme DUI, which is a misdemeanor violation, when their BAC is 0.15 percent or higher. Click here to learn more about Extreme DUI charges and penalties. A person can be charged with Aggravated DUI, which is a felony violation, in instances where there is a minor child (under the age of 15) in the vehicle, if the person's driver's license was suspended/revoked at the time of the arrest, or if this is your third DUI in a period of 7 years. Click here to learn more about Aggravated DUI charges and penalties.
Law enforcement will continue to maintain increased patrols throughout the month of May, particularly over Memorial Day weekend and during high school and college graduations. According to Sgt. Tim Bulson of the Tempe Police Department DUI unit, "May is going to be a very busy month" and "We want to make sure that the streets are safe… ." Law enforcement agencies will continue their increased patrols, with additional funding through the highway safety office, during the summer months when kids are out of school, families are heading out to the lakes and camping, celebrating summer holidays, including the 4th of July and Labor Day, and enjoying backyard pool parties and barbecues. Remember to drink responsibly – have a (sober) designated driver or take a cab or the light rail.
If an adult of legal drinking age permits children under the age of 21 to drink alcohol, this adult could be prosecuted under the 'social host laws', as outlined in the Arizona criminal code. This is a mandate which declares under A.R.S. § 4-241 (Q) that:
"A person who is of legal drinking age and who is an occupant of unlicensed premises is guilty of a class 1 misdemeanor if both of the following apply: 1. Such person knowingly allows a gathering on such unlicensed premises of two or more persons who are under the legal drinking age and who are neither:
(a) Members of the immediate family of such person.
Country Thunder is an annual weekend music festival held in Florence, AZ (Pinal County) drawing thousands of people from across the valley. In fact, this year's event sold out for the first time in its 20-year history, reaching a capacity crowd of 25,000 patrons.
In years past, Underage Drinking has been a concern at this event, and last year 189 people were arrested for Underage Drinking and other related crimes. In many cases, underage drinkers were alleged to have had blood alcohol levels at more than twice the legal limit of .08 percent, and the youngest person arrested was 15 years old. In addition to Underage Drinking, citations also included violations of Minor in Possession of Alcohol, Using a Fake ID to buy Alcohol, and Furnishing Alcohol to a Minor.
According to recent reports during this year's event, the Pinal County Sheriff's office arrested a 20-year old man on suspicion of Disorderly Conduct and Aggravated Assault, after reports of a stabbing, leaving a 36-year old man in critical condition.
Felony Charges in Phoenix, AZ
If you are facing first time felony charges in Phoenix, AZ, you may be unfamiliar with the court proceedings and case progression involved in this type of case. Felony charges are taken very seriously and it is important that you understand what is expected of you and how your attorney can help you navigate through our often-complex criminal justice system. If you retain a private attorney, typically the first documents filed on your behalf will be a Notice of Appearance – to inform the court and assigned prosecutor that this Firm will be appearing with you at all future court dates, and a Motion for Discovery – so we can obtain all discovery materials from the Maricopa County Attorney’s Office (or assigned prosecuting agency).
The first hearing in a Phoenix felony prosecution is called an Initial Appearance. The purpose of the Initial Appearance is to ascertain the true name of the accused, inform the accused of the charges pending, appoint counsel if appropriate, make an initial probable cause determination, and determine release conditions – you may be released on your own recognizance “OR”, the Judge may set a bond amount, or in some cases you may be non-bondable. If you have retained an attorney prior to this hearing, the attorney will argue for your release, or in the alternative, for a reduction in the bond amount.
Arizona DUI & Criminal Defense Lawyer Blog
