Minor in Possession

Published on: April 6, 2018

Country Thunder Underage Drinking Tickets

By Law Offices of Trent R. Buckallew, PC

Every year Florence, AZ is host to Country Thunder, the biggest outdoor country music festival in the state. The festival is sure to draw in thousands of fans young and old. With temperatures this weekend forecasted in the 90’s, you will want to be sure to have plenty of water, hats, and sunscreen! Above all, have a great time and be safe.

According to local news outlets, there will be an increased presence of Sheriff’s Deputies, undercover officers and security to ensure the safety and security of everyone attending the festival. Keep in mind, the Pinal County Sheriff’s Office (PCSO), the AZ Dept. of Liquor License/Control, and the Florence Police Department in years past have issued hundreds of citations over the course of the 4-day weekend, particularly involving underage drinking related violations, including Minor in Consumption and Minor in Possession, as well as using fake ID’s to buy alcohol and furnishing alcohol to a minor. We have also seen numerous DUI/DWI cases occur as attendees leave the festival.

If you were arrested by the Pinal County Sheriff’s Office (PCSO), Florence Police Department, AZ Dept. of Liquor License/Control, or any other agency during Country Thunder weekend, contact the Firm to arrange a free evaluation regarding your case. We have handled countless Country Thunder citations over the years and are familiar with the local courts as well as the typical violations we see coming out of this festival each year. Depending on the agency you were arrested by, your case will likely be cited into either the Florence-Coolidge Justice Court located at 400 South Central Avenue in Florence, AZ or at the Florence Municipal Court located at 775 North Main Street in Florence.

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Published on: January 28, 2015

Super Bowl Underage Drinking Violations

By Law Offices of Trent R. Buckallew, PC

The countdown to Super Bowl XLIX continues as throngs of fans head out to Super Bowl Central which has taken over about 12 blocks in downtown Phoenix. According to azcentral.com, Phoenix along with state liquor officials have approved public consumption of alcohol within an enclosed 9-block area of downtown Phoenix, enabling folks to enjoy the street festivities with a cocktail in hand. This is said to be the largest special event liquor license ever issued in downtown Phoenix and to ensure the safety of everyone, security will be extremely tight. Anyone wanting to consume alcohol in this area will be required to show their ID, wear wristbands, and stay within the 9-block perimeter which will be secured with temporary barricades. Officers from Phoenix Police Department, Maricopa County Sheriff's Office (MCSO) and the AZ Department of Liquor License and Control will be conducting enforcement efforts and ticketing violators for drinking violations such as Minor in Consumption / Minor in Possession and Underage Drinking as well as any other criminal violations ranging from Disorderly Conduct, Assault, Weapon and Firearm Violations, and Drug Violations. There will also be increased DUI enforcement in and around Phoenix so if you do plan to consume alcohol, be sure to designate a sober driver or utilize taxi service, Uber, or the light rail to avoid the harsh consequences of a DUI charge in Arizona.

Some of the most common alcohol violations we see with large events around the valley include, Underage Drinking, Underage DUI, False ID and Minor in Consumption (MIC) / Minor in Possession (MIP) violations. Arizona has a "zero tolerance" law which prohibits anyone under the age of 21 to drive with any trace of alcohol in their system. If you are under the age of 21 and your blood alcohol content (BAC) is at or above .08%, you may also be charged with DUI in addition to Underage Drinking. The penalties for some of the common underage drinking violations are outlined here:

A.R.S. § 4-241L – (Fake ID) "A person who is under the legal drinking age and who misrepresents the person's age to any person by means of a written instrument of identification with the intent to induce a person to sell, serve, give or furnish spirituous liquor contrary to law is guilty of a class 1 misdemeanor." The maximum punishment for a class 1 misdemeanor is up to 6 months in jail and a fine of up to $2,500.

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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: April 26, 2013

Arizona Social Host Laws

By Law Offices of Trent R. Buckallew, PC

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.

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Published on: April 18, 2013

Aggravated Assault & Disorderly Conduct at Country Thunder

By Law Offices of Trent R. Buckallew, PC

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.

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Published on: October 23, 2012

DUI Charges – Queen Creek, AZ

By Law Offices of Trent R. Buckallew, PC

Queen Creek is a small town situated in southeast Maricopa County, with the southern part of town overlapping into Pinal County. The town is a unique mix of housing sub-divisions, homes on acreage, farmers and ranchers, and despite its growth, Queen Creek still has that rural feel about it. The San Tan Mountains lie to the south of Queen Creek and offer plenty of recreational activities including hiking, biking, camping and the like. Queen Creek is also home to the only working olive farm and mill in the State of Arizona – Queen Creek Olive Mill, where visitors can tour the olive mill, stroll through the olive groves, enjoy casual dining, and purchase a variety of olive oils and other unique gifts. Schnepf Farms is another longtime local fixture in the town of Queen Creek, where visitors can dine at the bakery, enjoy a hayride, tour the farm, go veggie picking, visit the museum, and much more. Given its small town feel, abundance of recreational activities, and easy commute to Phoenix and other valley cities, Queen Creek has become one of the "best kept secrets" in Arizona.

The Town of Queen Creek contracts with the Maricopa County Sheriff's Office (MCSO) to provide law enforcement services to the town as well as the unincorporated areas surrounding the town. If you are cited with a DUI in the Town of Queen Creek or surrounding unincorporated county islands, your case will likely be handled in the San Tan Justice Court, if you are being charged with a misdemeanor DUI. Felony DUI charges are generally filed in the Maricopa County Superior Court. The southern portion of Queen Creek, which overlaps into Pinal County, is patrolled by Pinal County Sheriff's Office (PCSO). If you were cited for DUI by PCSO, your case will likely be under the jurisdiction of one of the Pinal County Justice Courts, if it is a misdemeanor DUI, or Pinal County Superior Court if it is a felony Aggravated DUI charge.

The Firm has represented countless individuals who have been charged with DUI in Queen Creek, either by MCSO or PCSO, ranging from simple misdemeanor 1st Time DUI charges to very serious felony Aggravated DUI cases. Mr. Buckallew is committed to the defense of individuals charged with a DUI, or any other criminal charge, and focuses his scope of representation on matters involving DUI and criminal litigation, including (but not limited to) allegations of 1^st Time DUI, Extreme DUI, Drug-Related DUI, Aggravated DUI, Underage DUI, Minor in Possession, Minor in Consumption and DUI's involving serious injury or death. He has a proven track record of successfully resolving countless DUI cases over the course of his career. Mr. Buckallew has recently been elected as a National Trial Lawyers Top 100 Trial Attorney for 2012.

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Published on: September 6, 2012

Labor Day DUI Arrests

By Law Offices of Trent R. Buckallew, PC

Law enforcement agencies across the Valley and throughout the State of Arizona partnered up for their annual DUI Task Force operations and conducted saturation patrols and checkpoints, enforcing DUI and other traffic laws over this past Labor Day weekend. As in years past, officers made thousands of traffic stops – more than 11,000 – and nabbed several hundred driver's for DUI, although, the final numbers represent fewer arrests than in previous years.

According to reports from the Governor's Office of Highway Safety, officers made a total of 564 DUI arrests – 60 of those arrests were for Aggravated DUI with 37 of those due to prior arrest records, and the remaining Aggravated DUI arrests resulted from either driving on a suspended/restricted/revoked driver's license or driving with a minor child (under the age of 15) in the car. An Aggravated DUI is classified as a felony, and can be charged as either a Class 4 Felony (if for example, this was a 3^rd DUI or a license issue) or a Class 6 Felony (if for example, there was a minor child in the car).

The remaining 504 DUI arrests were cited as Misdemeanor DUI charges, with 170 arrests for Extreme DUI, meaning that the driver's blood alcohol content (BAC) was 0.15 or higher. Another 41 arrests were for Under 21 DUI (Underage DUI), and 154 Under 21 Liquor Violations – likely Minor in Consumption, Minor in Possession or Underage Drinking violations. There were also 92 DUI Drug arrests, which involve having any narcotics drugs, illegally obtained prescription medications, marijuana, or any other prohibited substances or their metabolites in your system.

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Published on: July 9, 2012

4th of July DUI

By Law Offices of Trent R. Buckallew, PC

Arizona DUI task force patrols were in full force across the state over the 4^th of July holiday, nabbing drunken drivers. According to the director of the Governor's Office of Highway Safety, Alberto Gutier, around 50 agencies participated in the patrols during the week of July 4^th. Included in the East Valley DUI task force were Gilbert, Tempe, Mesa and Chandler police departments, focusing on the eastern suburbs of metro Phoenix, including roads leading to Lake Pleasant.

According to local news reports, the statewide DUI task force led to 108 arrests, and 33 of those arrests were for extreme DUI, meaning the drivers blood-alcohol content (BAC) was between a .15 BAC (but less than .20 BAC).

If you have been charged with a DUI, the penalties can be significant and will depend upon many factors, including your blood alcohol content (BAC), prior history of DUI convictions, minor children in the car at the time of the DUI, involved in a car accident at the time of the DUI, or driving on a suspended/revoked driver's license at the time of the stop. The penalties for a first time DUI can include jail time, fees and fines, possible probation, alcohol/drug screening and classes, community work service, SR22 insurance, and ignition interlock device. The penalties increase if your DUI involved other factors, as mentioned above. Given the harsh penalties resulting from DUI charges in the State of Arizona, it is important to seek legal advice and ensure you understand your options before making any decisions regarding your case.

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Published on: May 30, 2012

Memorial Day Weekend DUI Task Force

By Law Offices of Trent R. Buckallew, PC

According to recent reports by the AZ Republic, police made nearly 550 arrests of suspected drunken drivers over this past holiday weekend. The state's DUI Task Force had over 1,800 officers from many agencies working DUI checkpoints across the state, including the East Valley DUI Task Force and law enforcement officers from Mesa Police, Chandler Police, Gilbert Police, Phoenix Police, ASU Police, Department of Public Safety (DPS), and Maricopa County Sheriff's Office (MCSO). Of those arrested, 148 were charged with Extreme DUI (BAC of 0.15 or more) and 19 were charged with Underage Drinking. In addition to DUI enforcement, law enforcement agencies across the valley are also looking to raise awareness about seat belt use, and the "Buckle Up Arizona …. It's The Law" campaign includes police departments from Phoenix, Glendale, Goodyear, Peoria, Buckeye and the Maricopa County Sheriff's Office (MCSO). These efforts will run through June 3^rd and authorities aim to increase awareness about seat belt use and not drinking and driving.

If you were charged with DUI, Extreme DUI, Super Extreme DUI, Aggravated DUI, Underage DUI, Minor in Consumption, Minor in Possession, or any other alcohol related violation, you may be able to defend these charges in court. The consequences can be significant and leave a permanent mark on your criminal record so it is critical to seek the advice of counsel to determine your legal options before you make any decisions regarding your case. Penalties associated with DUI related charges can include jail time, significant fees/fines, community work service, alcohol classes and treatment, license suspension, interlock ignition requirements and other long lasting consequences.

Mr. Buckallew is not only experienced in DUI and criminal defense, with extensive trial experience, he also holds a Master's in Forensic Science (M.F.S.) degree, giving him unique insight and expertise in challenging the scientific evidence inherent in DUI cases. The Firm will vigorously advocate on your behalf, and has a proven track record in successfully resolving serious and complex criminal and DUI cases. Early involvement by the Firm is critical to ensure that your rights are protected throughout every stage of the case. The attorney will conduct a thorough investigation of the discovery in your case, including police reports, blood/breath/urine tests, field sobriety tests, witness statements, photographs, audio/video recordings, and any other evidence the state plans to present. Through the course of his investigation, the attorney will identify any potential legal, factual or procedural weaknesses or any constitutional violations in the case and determine the best course of action in resolving the case under the most favorable terms possible. Every case presents with a unique set of facts and you should consult with an experienced attorney to determine how best to proceed in your case.

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Published on: April 30, 2012

Tempe Underage Drinking Enforcement Campaign

By Law Offices of Trent R. Buckallew, PC

Tempe Underage Drinking Enforcement Campaign

According to recent reports by the AZ Republic, police have made 270 alcohol-related arrests as a result of Tempe's Youth Alcohol Enforcement campaign targeting underage drinking and drunk driving. The Tempe Police Department, along with ASU Police and other state law enforcement agencies kicked off the campaign in an effort to reduce crimes often associated with alcohol and DUI violations, such as violence, disorderly conduct or disturbance of the peace (i.e. loud parties and gatherings) as well as injury or fatal auto collisions and other criminal violations. The crackdown included 184 underage drinking/minor in consumption arrests, 45 for possession of alcohol by a minor/minor in possession, nine for providing alcohol to minors, 17 DUI arrests, one aggravated DUI arrest, two DUI under 21 arrests, 22 loud party responses and the seizure of seven kegs. The enforcement campaign will conclude the first week of May, after ASU graduation ceremonies/parties and police will be highly visible in downtown Tempe and patrolling throughout the city during this time.

If you (or your child) have been charged with Underage Drinking, Minor in Possession/Minor in Consumption of Alcohol, Public Intoxication, False ID, DUI, Disorderly Conduct / Disturbing the Peace or any other violation related to Underage Drinking, you may be able to defend these charges in court. The consequences can be significant and leave a permanent mark on your criminal record so it is critical to seek the advice of counsel to determine your legal options before you make any decisions regarding your case. Penalties associated with Underage Drinking/Underage DUI related violations can include, jail time, community work service, alcohol classes and treatment, license suspension, fees/fines, and even possible suspension or expulsion from school and/or athletic teams. Some of the legal factors a defense attorney will explore include, determining whether you actually violated any city or state law; whether the arresting agency followed the law; whether or not your conduct constitutes a criminal violation and whether you have any other legal, factual or procedural defense(s) in your case. With a strong East Valley presence, the Firm has represented countless individuals, including many ASU students, who have been charged with criminal misdemeanor and alcohol related violations in Tempe and surrounding cities throughout the Valley. Contact the Firm today for a free evaluation of your case.

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