In United States several of the toughest laws comes under Arizona when it involve driving under the influence of alcohol (DUI). DUI is a severe crime with major repercussion in Arizona. If we are trapped and thrilled with a DUI fault we can face severe charges including sharp fines, fixed jail term, loss of license, probation and court-mandated meeting.
We need a good lawyer to lead and prevent us from court´s rage, if we are facing DUI charges in Arizona. A skillful equipped DUI lawyer can show us the court method as he or she is already aware of the responsible indicators that the court looks for and he or she also knows the facts that will give the court´s understanding towards us by proving our purity. If proving our purity is not achievable, a good quality Arizona DUI attorney will be capable to cut down the charge and decrease the sentence some, so that we can get our life back.
We can find the best DUI lawyer in many ways that can represent us in Arizona. There are numerous websites where we can find information about many Arizona DUI lawyer, and official companies in Arizona. In these sites we can find complete information on the law firm and lawyer along with their meeting fees and contact information. We can go through the yellow pages and ask families or friends. Once we get a lawyer, we can have good planning with him or her and then make a decision whether to appoint. Our best gamble is do not drink and drive. We´ll protect a lot of aggravation and wealth.
Anyone faced by charges of drunk driving argument in Arizona or the changing cost that potentially chase a DUI capture may wish one of the knowledgeable and most capable DUI lawyer running for them. DUI is illegal offense, which attract illegal liability. Many time people are not alert of the actions regarding the appointment of an Arizona DUI attorney. Online services give a huge collection of resources about lawyer with wide experience in DUI proceedings, which have a character for going to check in suitable cases, rather than demanding out their consumers.
Source
Monday, September 28, 2009
Monday, September 14, 2009
5 Things You Should Know About Arizona Super Extreme DUI Convictions
Arizona is one of a few states that has created something referred to as "Super Extreme DUI." A DUI is "Super Extreme" if a person's blood alcohol concentration is .200 or above. While this crime is still a misdemeanor, it carries a minimum jail term that is greater than most first time felonies. There are several characteristics of this crime that make it unique. Here are the five most important:
1. An extended period of an Ignition Interlock Device. All Arizona DUI convictions require a person to install and maintain an ignition interlock device. For a first time regular DUI, the minimum period is one year. A conviction of Super Extreme DUI requires a minimum period of 18 months (or one and one-half years.)
2. Extended jail period. For a regular DUI conviction, there is a minimum jail term of 1 day. For an extreme DUI (BAC result of .150 and below a .200) conviction, there is a minimum jail term of 30 days. For an Arizona Super Extreme DUI, the minimum jail term is 45 days.
3. A better chance of getting your name in lights. The Maricopa County Attorneys' Office has a website that posts booking photos of DUI offenders. While they do not provide explicit details of how they choose who they post pictures of, we do know that they focus on people alleged to have higher blood alcohol test results (i.e. "Super Extreme DUI" and "Extreme DUI.")
4. Out of state offenders will probably go to trial. If you live in another state and get a "Super Extreme DUI", you will have an inherent difficulty with taking a plea offer. Many prosecuting offices offer long periods of jail for these cases. It is not uncommon for them to offer the same amount of jail the person may get if they went to trial and lost. For the person that lives in Arizona, they may be be able to maintain their employment during their jail term if granted work release and / or home detention. However, out of state offenders may not have these options. While most Arizona courts will permit them to do their jail out of state, there are very few out of state jails that will accommodate them. Finding a jail in someone's home state for a few days can usually be accomplished. When it comes to jail terms of 30 to 45 days, it is nearly impossible. Most out of state jails will not accommodate these requests. Consequently, an out of state offender may need to go to trial and fight the Super Extreme allegation. If successful, on that count alone, the minimum jail can be significantly reduced. Thus, trial is often times the best option in these cases.
5. Simply being charged with "Super Extreme DUI" does not mean you will be convicted of "Super Extreme DUI." While prosecutors tend to offer extended periods of jail on these cases, that does not mean a reduction (or even dismissal) is not possible. There are several factors that need to be examined: (1) How far above a .200 is the test result? (2) Were there any problems with the blood testing process? (3) How bad was the driving prior to the traffic stop? (4) Is there a disconnect between how the person was acting and the test result? and (5) Are there any procedural or constitutional violations? Moreover, there are many other factors that may affect the outcome of the case. The general concept is that if the government believes they might lose the case, the better the chance of a reduced plea offer.
Source
1. An extended period of an Ignition Interlock Device. All Arizona DUI convictions require a person to install and maintain an ignition interlock device. For a first time regular DUI, the minimum period is one year. A conviction of Super Extreme DUI requires a minimum period of 18 months (or one and one-half years.)
2. Extended jail period. For a regular DUI conviction, there is a minimum jail term of 1 day. For an extreme DUI (BAC result of .150 and below a .200) conviction, there is a minimum jail term of 30 days. For an Arizona Super Extreme DUI, the minimum jail term is 45 days.
3. A better chance of getting your name in lights. The Maricopa County Attorneys' Office has a website that posts booking photos of DUI offenders. While they do not provide explicit details of how they choose who they post pictures of, we do know that they focus on people alleged to have higher blood alcohol test results (i.e. "Super Extreme DUI" and "Extreme DUI.")
4. Out of state offenders will probably go to trial. If you live in another state and get a "Super Extreme DUI", you will have an inherent difficulty with taking a plea offer. Many prosecuting offices offer long periods of jail for these cases. It is not uncommon for them to offer the same amount of jail the person may get if they went to trial and lost. For the person that lives in Arizona, they may be be able to maintain their employment during their jail term if granted work release and / or home detention. However, out of state offenders may not have these options. While most Arizona courts will permit them to do their jail out of state, there are very few out of state jails that will accommodate them. Finding a jail in someone's home state for a few days can usually be accomplished. When it comes to jail terms of 30 to 45 days, it is nearly impossible. Most out of state jails will not accommodate these requests. Consequently, an out of state offender may need to go to trial and fight the Super Extreme allegation. If successful, on that count alone, the minimum jail can be significantly reduced. Thus, trial is often times the best option in these cases.
5. Simply being charged with "Super Extreme DUI" does not mean you will be convicted of "Super Extreme DUI." While prosecutors tend to offer extended periods of jail on these cases, that does not mean a reduction (or even dismissal) is not possible. There are several factors that need to be examined: (1) How far above a .200 is the test result? (2) Were there any problems with the blood testing process? (3) How bad was the driving prior to the traffic stop? (4) Is there a disconnect between how the person was acting and the test result? and (5) Are there any procedural or constitutional violations? Moreover, there are many other factors that may affect the outcome of the case. The general concept is that if the government believes they might lose the case, the better the chance of a reduced plea offer.
Source
Tuesday, September 1, 2009
Execution method of lethal injection approved
A federal judge Wednesday removed a major obstacle to executions in Arizona, ruling that the state's lethal-injection procedure is similar to one approved by the U.S. Supreme Court.
Executions have been on hold in Arizona since November 2007, when the Arizona Supreme Court postponed the death of convicted murderer Jeffrey Landrigan pending the U.S. Supreme Court's analysis of how inmates were put to death in Kentucky.
The high court's ruling approved the Kentucky protocol, but left the door open for other death-row defendants to question how it was done in their states.
Federal public defenders in Phoenix quickly filed such an appeal in Maricopa County Superior Court on Landrigan's behalf. And they filed a nearly identical suit in federal court on behalf of nine Arizona death-row prisoners who have not yet exhausted their appeals.
The two cases have been simultaneously working their way through the courts with similar arguments and nuances tailored to state and federal law. But the federal case was decided first.
U.S. District Court Judge Neil Wake on Wednesday ruled in favor of the Arizona protocol.
The Superior Court case has yet to be decided, but its outcome likely will be influenced by the federal court decision.
Assistant federal public defender Dale Baich, who oversees both cases, said he will appeal Wake's decision to the 9th U.S. Circuit Court of Appeals.
But Assistant Arizona Attorney General Kent Cattani said he doubted the Appeals Court would overturn the decision, given the state's similarities to the Kentucky protocol.
"The intent is to have the process be as humane as possible," he said.
The Arizona protocol has changed considerably since the state's last execution because of arguments from Baich's office.
As in most states, Arizona's execution process depends on three drugs: a barbiturate to render the inmate unconscious and deaden the pain the other drugs cause; a paralytic to stop breathing and prevent witnesses from seeing involuntary spasms; and a chemical to stop the heart.
Source
Executions have been on hold in Arizona since November 2007, when the Arizona Supreme Court postponed the death of convicted murderer Jeffrey Landrigan pending the U.S. Supreme Court's analysis of how inmates were put to death in Kentucky.
The high court's ruling approved the Kentucky protocol, but left the door open for other death-row defendants to question how it was done in their states.
Federal public defenders in Phoenix quickly filed such an appeal in Maricopa County Superior Court on Landrigan's behalf. And they filed a nearly identical suit in federal court on behalf of nine Arizona death-row prisoners who have not yet exhausted their appeals.
The two cases have been simultaneously working their way through the courts with similar arguments and nuances tailored to state and federal law. But the federal case was decided first.
U.S. District Court Judge Neil Wake on Wednesday ruled in favor of the Arizona protocol.
The Superior Court case has yet to be decided, but its outcome likely will be influenced by the federal court decision.
Assistant federal public defender Dale Baich, who oversees both cases, said he will appeal Wake's decision to the 9th U.S. Circuit Court of Appeals.
But Assistant Arizona Attorney General Kent Cattani said he doubted the Appeals Court would overturn the decision, given the state's similarities to the Kentucky protocol.
"The intent is to have the process be as humane as possible," he said.
The Arizona protocol has changed considerably since the state's last execution because of arguments from Baich's office.
As in most states, Arizona's execution process depends on three drugs: a barbiturate to render the inmate unconscious and deaden the pain the other drugs cause; a paralytic to stop breathing and prevent witnesses from seeing involuntary spasms; and a chemical to stop the heart.
Source
Subscribe to:
Comments (Atom)