Felony criminal charges are always more serious than a misdemeanor arrest. While there are other instances when you could be charged, there are four primary reasons for being charged with felony DUI in Arizona.
In 2016, Arizona citizens voted against legalizing marijuana for recreational use. However, Arizona does allow qualified patients to obtain marijuana for medical use. Despite medical authorization, users of medical marijuana can still be stopped for impaired driving and face the administrative and criminal consequences of driving under the influence (DUI) of drugs or a metabolite of a drug.
They happen in any kind of weather, although bad weather causes more accidents than nice weather. There can be accidents because of a faulty part in a car or a bad driver. For whatever reason the accident occurs, it is important to know that you can find a lawyer to represent you with your case if you are injured in a car accident.
The U.S. Department of Transportation recorded 286,000 accidents involving 18-wheelers in 2009. Passenger car occupants suffered 86 percent of the fatalities and 75 percent of injuries in these accidents. An August 21, 2015 New York Times article by reporter Howard Abramson reports that “The death toll in truck-involved crashes rose 17 percent from 2009 to 2013. According to the latest data available, fatalities in truck-involved crashes have risen four years in a row, reaching 3,946 in 2013.”
Seatbelts can often mean the difference between life and death when it comes to an accident. They can prevent the driver from striking the steering wheel or dashboard and other occupants from being thrown sideways, slammed into a door or flying into the front seat. There are many testimonials regarding lives saved by wearing seatbelts. They are an inexpensive form of insurance and should always be worn when the vehicle is moving.
Car Accident and Injury Factors
The majority of automobile accidents are caused by driver error. A tendency to speed and drive aggressively leads to more accidents, and more car accidents in Arizona are caused by drivers not driving appropriately for the road or weather conditions than any other violation. Accidents are a result of drivers driving too fast for the road condition than any other driving violation.
There are additional contributory factors to motor vehicle accidents unrelated to the driver, such as road design flaws. A common non-driver cause of motor vehicle accidents is a stuck gas accelerator. A car with a tendency to roll when driving can also lead to a crash, even if the driver is driving at the appropriate speed.
There are a myriad of legal issues surrounding the Laveen, Arizona automobile accident that took the life of Elizabeth Valenzuela, 44. First the driver of the Crown Victoria will be charged with vehicular homicide which in his case will most likely be deemed Manslaughter under Arizona Revised Statutes, A.R.S. 13-1103 because he chose to drive under the influence of alcohol. Manslaughter is a class 2 felony under Arizona Law. Under this statute, a person can be charged with Manslaughter by recklessly causing the death of another. To recklessly cause the death of another, means the person was aware of and consciously disregarded a substantial and unjustifiable risk that a result will occur, or that the circumstances exists. The risk must be of such nature and degree that to disregard such a risk constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such risk but who is unaware of such risk solely by reason of voluntary intoxication also acts recklessly with respect to such a risk. The penalty for manslaughter for a first time class 2 felony conviction is between 7 and 21 years in the Arizona Department of Corrections.
When a person is injured or killed by the careless or negligent acts of somebody else in Arizona, the victim or their estate might retain the services of a Phoenix personal injury attorney. They need not pay legal bills every month, since it’s customary for attorneys to take accident cases on a contingency fee basis. That means no attorney fees are due unless the attorney obtains compensation for you. There are many benefits of retaining a personal injury attorney.
Their experience in evaluating injury claims
An experienced personal injury attorney has been handling accident cases on a daily basis for many years, particularly the liability and damages issues. A consultation and case evaluation with an experienced personal injury attorney will reveal whether or not a viable claim exists.
They speak insurance language
The only experience you might have with your insurance company is periodically sending in your premium payments. If a claim arises, you and your insurer might have competing interests, especially if you’re making an uninsured or underinsured motorist claim. An attorney who focuses their practice on personal injury will be experienced in insurance terminology and negotiations. He or she will know how to preserve your claim and not prejudice it.
The police can stop someone anywhere, if they have reasonable suspicion that the person may have been involved in a crime. But even if a police officer stops you on the street to ask you questions, you do not have to answer any questions.
If you are not in police custody, have not been arrested, and are simply “talking with” a police officer, anything you say can be used against you. This is because you have not been arrested and Miranda Rights do not yet apply. So if you are being questioned by an officer before being taken into formal custody, be aware that your words can get you into trouble. Even if you are in a police station and are being asked questions without being “held,” what you say can be used against you in court.
A good example of being at a police station, but not being in custody is that of a police “interview” regarding a crime. These interviews can be taped and otherwise recorded and what you say can be used in court against anyone charged in the case, even if you are the one eventually charged.
After you are in custody, it is always the best option to say you want to speak to your lawyer before answering any questions.
As everyone knows, a D.U.I. may involve driving under the influence of substances other than alcohol. Also, there are a substantial number of D.U.I. cases were the driver has consumed alcohol and a proscribed drug or where the individual has only consumed a proscribed drug such as Marijuana. In Phoenix, its surrounding cities as well as the entire State of Arizona, Police Officers and Highway Patrol Officers are constantly pulling people over and charging them with D.U.I.’s. This article addresses the situation where you have been charged with driving under the influence of a Metabolite of Marijuana. If this happens to you, please consult an experienced Arizona D.U.I. attorney.
Under Arizona Revised Statute § 28-1381(A)(3) it is unlawful for a person to drive or be in actual physical control of a vehicle in this state while there is any drug defined in § 13-3401, or its metabolite in the persons body.” A.R.S. § 28-1381(A)(3). The only drug defined in A.R.S. § 13-3401 that relates to Marijuana is “tetrahydrocannabinol” which is more commonly known as THC. See A.R.S. § 13-3401(4)(b).