Arizona DUI & Criminal Defense Lawyer Blog

Published on: March 28, 2013

What is Disorderly Conduct?

By Law Offices of Trent R. Buckallew, PC

If you have been charged with disorderly conduct, you may be a bit confused about the crime for which you have been accused. Disorderly conduct can be a confounding charge, because it is a very broad and subjective criminal violation which involves various offenses such as disturbing the peace or causing a commotion. In Arizona, the criminal statutes define disorderly conduct and outline which offenses can constitute this particular crime.

The Arizona State Legislature delineates in §13-2904 that this crime is committed when any person disturbs the peace or quiet of a neighborhood, family, or person. A person can be charged with disorderly conduct in Arizona if he/she engages in fighting or any violent or other disruptive behavior. While a person may also be charged with assault for this type of behavior, it will depend upon the circumstances of the incident. Often-times a person is charged with disorderly conduct combined with other violations, such as assault, criminal damage and other similar violations.

Additionally, if a person makes unreasonable noise with disregard to others, or uses abusive and offensive language or gestures towards any other person present that is likely to provoke physical retaliation, this can be considered disorderly conduct. It is also disorderly conduct to make a protracted commotion with the intent to prevent the transaction of a business in a lawful meeting, gathering or procession.

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Published on: March 18, 2013

St. Patrick’s Day DUI Arrests

By Law Offices of Trent R. Buckallew, PC

St. Patrick's Day is one of the biggest drinking days of the year and with that brings increased law enforcement by DUI Task Force teams across the valley. Officers in both Tempe and Scottsdale were out in force on Sunday, primarily focusing on the downtown areas, but also in surrounding neighborhoods throughout these cities. Officers believe that an increased presence of law enforcement will prevent injuries and death, like the ones that occurred earlier this week in Tempe when two allegedly impaired drivers killed one individual and sent another to the hospital with life-threatening injuries. In one incident, the driver was allegedly speeding, ran a red light, and struck another vehicle, whose driver ended up in the hospital. The suspect is under investigation for drug-related impaired driving. In the other incident, a 21-year old female was killed after being struck on her motorcycle by a 32-year female, who, according to Maricopa County Superior Court records, registered blood alcohol content (BAC) of 0.137 percent (breathalyzer test) and also had her 9- and 12- year old children in the car. She is facing multiple felony charges, including Aggravated DUI with Passenger(s) Under the Age of 15 – Class 6 Felony; Aggravated DUI – Driving on a Suspended/Revoked Driver's License – Class 4 Felony; Manslaughter – Class 2 Felony; and Endangerment – Class 6 Felony.

The maximum penalty for a first time Aggravated DUI can include: Incarceration in the Arizona Department of Corrections for 3.75 years, a 3-year license revocation and a maximum fine of $150,000.00 plus 84% surcharge. The minimum penalty in these cases often requires: a minimum mandatory 4 months in the Arizona Department of Corrections, up to 10 years of probation, 3 year license revocation, $750.00 fine plus surcharge, $250.00 DUI abatement fund, $1,500.00 prison construction fee, $1,500.00 state general fund, and an ignition interlock device. The prison term can be increased to 8 months minimum if the person has a total of 3 or more prior DUI convictions in an 84 month period. While the penalties upon conviction of an Aggravated DUI charge are onerous, of much greater concern in the case involving the death of the other driver is the manslaughter charge. If convicted, the sentencing range for a Class 2 Felony is 3 years (mitigated term) and up to 12.75 years (aggravated term) – with a presumptive term of 5 years in the AZ Department of Corrections.

If you have been charged with any DUI violation, involving alcohol and/or drugs, and any other related charges such as Endangerment or Manslaughter, it is critical to seek the advice of an experienced criminal defense attorney. The Firm represents individuals in Tempe, Scottsdale and throughout the Phoenix area. A competent criminal defense attorney will be able to advise you on the many possible defenses in a criminal and DUI case, including – procedural defenses, factual defenses and other legal and substantive defenses. Procedural Defenses can include any number of issues, such as: Tainted Confessions, Miranda, Involuntary Statements, Unlawful Search, Unlawful Seizure, and many others. 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. However, some of the more common factual defenses in a DUI case may include: Invalidity, inaccuracy, or insufficiency of the results of the testing method; Mechanical or operating defects of the vehicle; License not suspended, or had no personal knowledge of the suspended license (for felony cases), and many other possible defenses.

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Published on: March 7, 2013

Can you be Charged with Vehicular Homicide in Arizona?

By Law Offices of Trent R. Buckallew, PC

If you are involved in a DUI collision which results in a fatality of another individual, there are a few different statutes that you may be charged under, depending on the severity and nature of the incident. Depending on how you are charged, you could be facing anywhere between 1 and 22 years in prison for a vehicular homicide related offense.

Under Arizona law, DUI fatalities can be charged as negligent homicide, which can result in a range of up to 8 years in prison. This type of fatality could also result in manslaughter charges, which are punishable by 7 to 21 years in prison. Finally, under extreme circumstances, a person could be charged with second degree murder, resulting in anywhere between 10-22 years in prison, if convicted.

Arizona and North Dakota are the only two states that do not have a specific vehicular homicide charge which can be applied to situations regarding DUI drivers and fatalities. If you are involved in a vehicular manslaughter-type incident, it is advisable to seek advice from an experience Mesa DUI lawyer as these are very serious allegations with exposure to significant prison time, if convicted.

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Published on: February 5, 2013

Chandler DUI Drug Arrests

By Law Offices of Trent R. Buckallew, PC

Chandler DUI Drug Arrests

According to a recent article on AZCentral.com (by Jim Walsh), authorities claim more DUI arrests these days are attributed to drugs, not alcohol. As a result of this increase in drug related DUI cases, law enforcement agencies in Chandler and across the State of Arizona have increased the number of officers trained to recognize the symptoms of drug impairment over the last few decades, from just a few officers to the nearly 500 current DRE (Drug Recognition Expert) trained officers. According to statistics from the Governor’s Office of Highway Safety (GOHS), a 13% decrease in total DUI arrests was reported from 2011 to 2012, however; the number of DUI drug arrests increased by 12% during this time. This trend in drug-related DUI arrests was highlighted over the recent holidays between Thanksgiving and the New Year, with Mesa officers participating in the East Valley DUI Task Force, making 540 DUI arrests, of which 344 (63%) were for drug-related DUIs. According to southeast valley law enforcement agencies – including Mesa, Chandler, Gilbert, Tempe, Scottsdale, Phoenix and Maricopa County Sheriff’s Office – officers are seeing a growing trend of drug-related DUI’s. These include cases involving prescription-drugs, like painkillers or muscle relaxers, sometimes mixed with alcohol, as well as synthetic drugs, such as spice and bath salts. Officers say they are trained to look for various symptoms of drug use, including bloodshot or watery eyes, odors of drugs (such as marijuana), slow or slurred speech, and they also consider other factors, such as driving behavior prior to the stop.

What is unclear in these statistics is whether the number of drug related DUI arrests is on the rise as a result of more drivers impaired by drugs or a reflection of the significant increase in the number of officers now trained to identify drug impairment. Regardless of what this increase is attributed to, criminal defense attorneys are likewise seeing more cases involving drug related DUIs, and need to be well versed in the unique differences between alcohol and drug related DUI cases when investigating and litigating these types of cases. While there can be any number of possible defenses in a DUI Drug impairment case, one of the more common defenses might include – the individual was NOT under the influence of drugs, among many other possible defenses. The penalties for a drug based DUI track the penalties of alcohol based DUI’s with one notable exception. If you are convicted for a drug based DUI, the minimum driver’s license revocation period is 1 full year for a misdemeanor offense and 3 years for a felony offense. A drug based DUI presents its own unique challenges and you should seek out a criminal defense attorney knowledgeable in this complex area of DUI litigation.

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Published on: January 9, 2013

Country Meadows Justice Court

By Law Offices of Trent R. Buckallew, PC

As a result of increasing caseloads in the West Valley, Maricopa County opened up its newest justice precinct – the Country Meadows Justice Court. The grand-opening ceremony was held last Thursday, which included the swearing-in of Anna Huberman, the first Country Meadows Justice of the Peace. The precinct boundaries of the new justice court fall between Cactus Road (north) and I-10 (south), Dysart Road (west) and 59^th Avenue (east). For now the new court will be housed in downtown Phoenix at One West Madison Street (Lower Level). This court, along with the 25 Justice Courts in Maricopa County, handles a variety of cases including civil and criminal traffic offenses, misdemeanor DUI cases, misdemeanor criminal cases, Order of Protection and Injunction Against Harassment matters, appeals, and other types of cases. If you are cited (or arrested) by the Maricopa County Sheriff's Office (MCSO) or Arizona Department of Public Safety (DPS) for a criminal matter within the boundaries of this precinct, your case will likely be heard in the Country Meadows Justice Court.

The Firm represents individuals in all types of criminal proceedings across the Valley, including in the new Country Meadows Justice Court. If you are facing charges in the Country Meadows Justice Court, contact the office today to arrange a free consultation regarding your case and legal options.

Mr. Buckallew has handled a wide variety of criminal cases over the course of his career as an Arizona Criminal Defense Attorney, ranging from simple misdemeanor traffic violations to very serious and complex Aggravated DUI, Aggravated Assault and Homicide cases. He is exceptionally knowledgeable in the area of criminal law and has focused his scope of representation primarily on matters involving criminal litigation throughout his entire career. Mr. Buckallew has practiced in City/Municipal Courts, Justice Courts, and Superior Courts across the valley and in just about every county in the State of Arizona and skillfully navigates his way through the complexities of criminal court proceedings and criminal litigation.

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Published on: December 29, 2012

Holiday DUI Arrests

By Law Offices of Trent R. Buckallew, PC

"Get a DD…Not a DUI" is the message being touted by the Arizona Governor's Office of Highway Safety (GOHS) as well as other AZ Law Enforcement agencies, to encourage people to use sober designated driver's when consuming alcohol. The holidays are a time for celebration and the week between Christmas and New Year's Eve is considered one of "the most intense weeks" of the year, according to law enforcement. Agencies increase their patrols considerably during the holidays and over 70 agencies participate, forming 12 organized DUI Task Forces across the state in an effort to reduce the number of DUI arrests. Arizona law enforcement agencies prefer employing saturated patrols in targeted areas rather then setting up the typical DUI checkpoints. According to Alberto Gutier, Director of GOHS, "The message that we're trying to get out there is that we're everywhere." According to AZ law enforcement DUI arrest data, DUI arrests are up between 2011 and 2012, with Extreme DUI arrests rising from 788 in 2011 to 888 in 2012. Individuals are charged with Extreme DUI if their blood alcohol content (BAC) is measured at greater than .150 percent. Law enforcement officers are trying to get the message out there to either have a designated driver, call a cab, or ask a friend or family member to pick you up if you have consumed alcohol.

Check out our website for more information regarding DUI charges, Extreme DUI charges, Super Extreme DUI charges, Aggravated DUI charges, Underage DUI charges, and associated penalties if convicted of a DUI charge.

If you have been charged with a DUI, contact the Firm for a free consultation regarding your case. We handle all types of DUI and criminal charges throughout the Valley and Statewide. The Firm has a reputation for zealously representing each and every client and a proven track record of success.

Published on: December 27, 2012

West Valley Holiday DUI Task Force

By Law Offices of Trent R. Buckallew, PC

Law Enforcement agencies across the West Valley are planning DUI saturation patrols on New Year’s Eve, looking for drivers under the influence of alcohol and/or drugs. The West Valley DUI Task Force consists of officers from the Arizona Department of Public Safety (DPS), The Governor’s Office of Highway Safety (GOHS), the Maricopa County Sheriff’s Office (MSCO), and city police departments in Tolleson, Surprise, El Mirage, Glendale, Peoria, Goodyear, Avondale and Buckeye.

New Year’s Eve is a time for celebration, but remember – enjoy the holiday, be safe and drink responsibly! If you are stopped for a DUI investigation, be prepared and know your rights. 1) If you are stopped, be prepared to show the officer your driver’s license, registration and proof of insurance. 2) You have the right to remain silent! The officer will likely ask you several questions, such as “Do you know why I stopped you?” or, “Have you had anything to drink tonight?” You should never admit guilt, never lie, just simply invoke your right to remain silent. 3) You have the right to refuse field sobriety tests as well as a preliminary breath test using a non-certified device, HOWEVER, if you refuse to submit to a breath test using a certified device or a blood test, the officer will likely obtain a warrant, and get the evidence anyways, and your license will then be automatically suspended for 12 months due to this refusal (contact the Firm for more details regarding Arizona’s ‘implied consent’ laws). 4) You have a right to legal counsel; ask to speak to an attorney early on in the DUI investigation to ensure your rights are protected.

The Firm handles DUI defense throughout the West Valley, including Phoenix, Avondale, Buckeye, Goodyear, Peoria, Glendale, El Mirage, Surprise and Tolleson. If you have been arrested for a DUI, whether it is a 1st Time DUI, Extreme DUI, Aggravated DUI or DUI with Drugs, the Firm can help. Contact the office today to arrange a free, no obligation consultation regarding your case.

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Published on: November 30, 2012

Another Win for the Defense

By Law Offices of Trent R. Buckallew, PC

Another win for Mesa Criminal Defense Attorney, Trent Buckallew. Our client was charged with Disorderly Conduct/Assault (Fighting/Mutual Combat) by the Maricopa County Sheriff's Office and the complaint was subsequently filed in the North Mesa Justice Court. After conducting a thorough case investigation, the defense was able to show that the defendant was defending himself after being attacked by the alleged victim and as a result, the case was ultimately dismissed.

The Firm handles all types of Disorderly Conduct and Assault cases – both misdemeanors and felonies, in City/Municipal Courts, Justice Courts, and Superior Courts throughout Maricopa County as well as Statewide. Mr. Buckallew has extensive experience in resolving cases involving all types of criminal matters and has a reputation for zealously defending each and every client. If you have been charged with Disorderly Conduct, Assault or any other criminal violation in Mesa or surrounding cities, contact the Firm today for a no cost evaluation of your case. Mr. Buckallew will discuss your case, associated penalties, possible defenses and answer any questions you may have regarding the criminal court proceedings or the case itself.

Published on: November 19, 2012

Ways to Connect with Trent R. Buckallew

By Law Offices of Trent R. Buckallew, PC

Are you looking for representation regarding a criminal case in Arizona? If so, Attorney Trent Buckallew may be able to assist in your defense. Mr. Buckallew is an experienced and aggressive criminal defense attorney with proven results. You can read about recent case results on his website in order to see a sampling of the types of cases he has handled as well as the outcomes, which include acquittals after jury trial, dismissals, reduction in charges and various other favorable outcomes. To learn more about criminal defense in Mesa or surrounding jurisdictions then you can visit Trent R. Buckallew’s blog for more information regarding criminal cases, penalties, possible defense strategies, and other valuable information regarding criminal litigation in Arizona.

You can also learn more about the Firm on our Facebook page, and while there, be sure to “like” us. On this business page, Mr. Buckallew provides frequent updates regarding criminal cases, current cases in the news, and other informative postings. He posts videos about various practice areas, links to important news articles, updates regarding Arizona laws, and other important information. If you like the page, these updates will be sent straight to your newsfeed, so that you can learn more about criminal law related news. You can also add Mr. Buckallew to your circles on Google+ if you would prefer. On his Google+ page, Mr. Buckallew has an extensive profile, including his legal resume. He also posts updates about criminal law and as well as possible defense strategies that may available in criminal and DUI cases.

If you have a Twitter account, you can also follow Mr.Buckallew there to learn more about criminal litigation in Arizona. Mr. Buckallew often updates his Twitter feed with relevant criminal law related news in Arizona. For example, last week Mr. Buckallew posted about new marijuana laws in Arizona. If you have been arrested for a marijuana violation, you should seek the advice of an experienced criminal defense attorney who can advocate for you in court and help you achieve an appropriate resolution to your case.

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Published on: November 19, 2012

Want More DUI Information? Check out our Social Media Sites!

By Law Offices of Trent R. Buckallew, PC

If you are working with Trent R. Buckallew or simply looking for more information about DUI defense, then you need to check out his social media pages. Trent R. Buckallew wants all of his clients to have an over-abundance of information about driving under the influence, especially if they have been arrested in connection with this crime. If you start in on a DUI case without a proper amount of information it could be detrimental. You can visit our blog to learn more about criminal defense and DUI laws in the state of Arizona, or you can find links to noteworthy blog posts on our Facebook page. If you “like” us on Facebook, then we will provide you with important DUI and criminal defense information on a regular basis. We will notify you of landmark cases occurring in the United States and post links to videos that Trent Buckallew has filmed for your information. These videos are also all available if you subscribe to Attorney Buckallew’s YouTube channel. Also on the Facebook page, Mr. Buckallew will provide let you know about any major law changes that could affect your case.

You can also add Mr. Buckallew to your circles on Google+ if you want more information about the firm and want to obtain more important news updates. Typically, Mr. Buckallew posts about different website updates on our Google+ account. He also has an extensive resume of his accomplishments on this site so that clients or potential customers can learn about him before making a decision. You can also follow Mr. Buckallew on Twitter to get up-to-date information about criminal law. In recent days, Mr. Buckallew has posted about the legalization of marijuana in Arizona, and DUI testing methods. As well, he has posted links to the firm’s Pinterest page. While Pinterest is best known for recipes and crafting tutorials, there are times that it can serve as a helpful website to post legal infographics. Mr. Buckallew uses the website for this purpose. No matter which social media outfit works best for you, make sure to friend, like, add, or follow Trent R. Buckallew!