Author Archives: Gary Rohlwing
Dealing with a Driving Under the Influence (DUI) case should be simple. You get caught, deal with the paperwork, plead not guilty, and get off from the case scot-free. Or you can plead guilty if you were really smashed that day or night, plea for a lighter sentence, and do some community service. In reality, however, DUI cases are not that simple. And the repercussions of not dealing with your DUI case seriously can instantly ruin your future. Remember that DUI is a criminal offense. The resulting punishment after a guilty verdict on your case will result in long-term problems. First, your license can be revoked. When you are convicted, it will take you at least one to two years for you to reclaim it. Reclaiming your license is also a lot of work. Most states do not give you the option of earning a shorter time frame for your revocation. You will not have the option to have your license reinstated until the full period of revocation has passed. Then, you will need to request a driver’s license restoration hearing. The next step is to collect all the necessary documents such as substance abuse evaluations and panel drug screenings results. The processes may differ from state to state, but the bottom line is that you will need to go through this process and collect, learn about, and fill out all the necessary paperwork and requests yourself, because you tried to scrimp on getting a DUI lawyer and got convicted. Aside from license revocation, your employment and promotion success rates will significantly decrease. Employers often perform background checks on applicants and employees that are up for promotion. Having a DUI on record often discourages employers from hiring or promoting people. And it’s not just employers who perform background checks. Credit and banking institutions also do. A DUI conviction in your history can prevent you from receiving financial aid and certain bank transactions. If you are a student, you can expect that your chances of getting or maintaining a scholarship will go down the drain. In addition to the difficulty of dealing with financial institutions and scholarship committees, you will also have a problem with your auto insurer. A DUI case significantly raises your automobile insurance rate. A car owner who drinks while driving is instantly considered a high-risk client by insurers. So, you can expect your premiums to go up when you have a DUI on your record. The Importance of a DUI Attorney The risk of ruining your future because of that one incident when a cop pulled you over and your breath smelled of alcohol will be reduced (or even made completely nonexistent in some cases) if you get an attorney who specializes in DUI cases. A DUI attorney can: Understand the intricacies of DUI laws in your state Manage all the legal procedures involved in the case Create the best defense for your case Talk to connections that can help you with your trial Work on a … Continue reading
The tech giant Google is known to track cell phone users’ locations even when they think that they have disabled that feature. Arizona Attorney General Mark Brnovich is doing something about it according to “Brnovich to Investigate Cell Phone Tracking” by Howard Fischer, Capitol Media Services, September 17, 2018: https://azcapitoltimes.com/news/2018/09/17/arizona-mark-brnovich-to-investigate-cell-phone-tracking/ One week after the Associated Press reported that Google was tracking users’ locations even after people turned off the “location history” option on their cell phones and tablets, Arizona Attorney General Mark Brnovich launched an inquiry into whether a major tech firm is violating the rights of Arizona residents by tracking their movements and activities through their cell phones—even after the users think they’ve told the company to stop. Brnovich’s office awarded a contract to a Washington, D.C. law firm to investigate how this company stores consumer location data through smartphone operating systems “even when consumers turn off location services” and take other steps to stop such tracking” according to the contract. The part of the contract listing the firm to be investigated was redacted. Brnovich declined to confirm that the target was Google. He said that the process to turn off location services was opaque to users who think that turning off their location history—an option on a top-level Google menu—will work: “I should not be a tech expert in order to figure out how not to have a third party know everything about my private life, including my emails, my conversations with my wife, my kids, what they’re up to, how many hours I spend watching sports or checking scores on my phone, how long I spend at the mall on Sundays,” he told Capitol Media Services. “It really is Big Brother-esque.” Aide Ryan Anderson noted that users who think they’re opting out of having their information shared by clicking off “location sharing” are being lied to. “It’s a fake button.” He said. “It doesn’t actually do anything.” Brnovich can go after an international company like Google because of the Arizona Consumer Fraud Act. He has previously used it to get refunds for Arizonans who thought that they purchased clean-burning diesel-powered vehicles from Volkswagen. Brnovich commented: “If they’re accessing the contacts of your phone without your permission, that means they are doing things that you either ultimately didn’t want done but they did anyway, or alternatively, they’re collecting information on you without telling you that they’re doing it,” Brnovich said. “They’re essentially creating a profile on you,” he said. “They literally can know what you want to buy before you even know.” What it ultimately comes down to, Brnovich said, is who has the right to anyone’s personal data. “Quite frankly, I do think as a human being I have a property right in my information, my data, things about me, who I deal with, where I go,” he said. But he said it goes beyond that. “The dignity of being a human being is not having everyone know, through some third party, every single thing about what … Continue reading
Arizona has always been tough on drunk driving. In fact, in the past decade alone, it enacted laws that are even tougher on violators of its DUI laws. These efforts seem to be paying off because for the third consecutive year, there has been a marked decrease in DUI arrests. The Office of Highway Safety of Arizona reports that in 2015, there were 24,674 DUI arrests made. This was down from the 29,950 arrests during the previous year, and it is much lower than the 31,891 and 32,174 DUI arrests in 2013 and 2012, respectively. Extreme DUI cases likewise dropped. In 2015, 6,742 arrests were recorded, which is lower than the 8,414 arrests made in 2014. Although statistics show a drop in the number of arrests in 2015, average BAC readings went up. It went up from .152 in 2014 to .158 in 2015. Changes to the Arizona DUI Laws in 2008 Beginning in September 2008, the state has the capability to look at past DUI records from 7 years back when determining sentencing. Before, only the records from the previous 5 years were available. For past offenders, defending a DUI case has become tougher. Because of the changes to the law, judges can no longer suspend a portion of the jail term for offenders convicted of super extreme DUI or extreme DUI. There is likewise no exception for first-time offenders. There are also new mandatory minimums in place for offenders. Extreme DUI conviction now carries a minimum jail term of 30 days for the first offense. The second offense has a minimum of 120 days. For extreme DUIs, first offense carries a minimum jail term of 45 days, and 6 months for the second offense. Alcohol screening is now necessary before a suspended license can be reinstated. The offender must also install an ignition interlock device for at least 1 year after the conviction. Changes to the Arizona DUI Laws in 2012 The changes in the law implemented in 2012 are seen to be more forgiving than previous amendments, in particular, for first-time offenders. Under the new laws, first-time convictions require only a 1-day jail term. An offender will also get credit for the time he spent during the booking process or while staying in a holding cell. The judge can now allow an offender to serve only 20% of his jail time and spend the remaining 80% under a home detention program. Thus, if you have been sentenced to a 30-day jail term, you can now serve only 6 days in prison. You can spend the remaining 24 days under home detention, unless your county or city doesn’t have such a program. Under the 2012 law changes, DUI charges have become ineligible for trials by jury. While some people say the move denies people their right to get a fair trial, the state believes it saves the state money that would otherwise be spent on prosecution. Final Word Because of the changes in Arizona’s DUI laws, it is … Continue reading
A DUI conviction is not something you can take lightly, especially in Arizona! It carries hefty fines and a possible jail term. If you are in a situation where you cannot avoid drinking, make sure your BAC remains within the legal limits. When drinking, keep the following in mind: Typical drinks like wine, beer, and spirits contain the same volume of pure alcohol. Thus, a breathalyzer will treat them the same way. Breathalyzers are not 100% accurate. Thus, it would be wise to keep your blood alcohol way below the legal threshold. Get an alcohol breath tester for your personal use. It may even be less reliable than what police officers use. Thus, it may motivate you to stay well within the allowable limit. Bear in mind that even if you have stopped drinking, your BAC will still continue to rise. Once your BAC peaks, it will drop by around .015 after an hour. A .05 BAC takes around 3 1/3 hours to drop to a 0 reading, and a .08 BAC takes around 5 1/3 hours. Munch on some food from time to time while you are drinking. If you are at a party or gathering, delay taking your first alcoholic beverage for as long as you can. Pace your drinks. Having one alcoholic drink every 1 ½ hours will help keep your BAC at low levels. Take non-alcoholic beverages in-between alcoholic drinks. Instead of gulping down your drinks, sip and savor them. Avoid playing drinking games with your friends. You may lose track of how much you have been drinking when you are having the time of your life! Stay away from punches, as well as drinks that come in unusual shapes or sizes of containers. It is often difficult to tell their alcohol content. It will be hard for you to pace your drinks. Avoid getting pulled over. This is because even if you have legal BAC, the officer may still charge you with a DUI. One way to do this is to make sure your vehicle is in good running condition. Likewise, make sure your tail lights are good. Otherwise, you may be giving an invitation to the police to pull you over. Make the proper signal when you are about to change lanes, and obey traffic rules. But, if you still get pulled over, just be polite when talking to the officer. This last tip is foolproof. Do not drink, or let a designated driver take you home. By following the tips provided in this post, you can avoid a stressful DUI conviction, and all the expenses and inconveniences that come with it. But, if you are already facing a felony charge, your best move would be to hire a reputable lawyer. Call the Law Offices of Gary L. Rohlwing for a consultation. Atty. Rohlwing has extensive experience in handling DUI cases in Arizona. He will help you get the best possible outcome for your particular case.
This might be surprising, but studies show that 1 out of 8 drivers do not have auto insurance. A lot of states require a mandatory insurance policy, but this is not strictly followed. In the event you get into an accident with a driver without insurance, here are some tips as provided by the Law Offices of Gary L. Rohlwing: Call the police Contacting the authorities in the case of a car accident is a standard operating procedure already. However, the role of the police is more important when you’re dealing with an uninsured driver. The police will conduct the investigation and do the documentation for you. This will make the process of claiming process easier and faster. It is also important to tell the officer the other driver does not have an insurance policy. This should be included in their report. Do not compromise Accepting money right away might not be the best idea. It is best to first assess the damage of your car. In some jurisdictions, accepting money from the uninsured driver may preclude one from claiming from their own policy. Get the information of the uninsured driver This is perhaps the most important step when dealing with an uninsured driver. Get the name, address, contact number, and even the office address and office number of the uninsured driver. Get information of the witnesses or bystanders Aside from the information of the uninsured driver, getting the contact details of witnesses is also important. Their testimonies will help as proof and evidence for a claim with your own insurance policy. Take pictures Take pictures of the accident. Proper documentation is key. Also, take a photo and note the color, model and license plate of the other car. The location of the accident is also essential. Take note of the direction the cars were going. If there are any skid marks, take a photo of those as well. Destruction to other property caused by the accident can also be photographed. Aside from the aforementioned, it is also pertinent to get Uninsured Motorist Coverage in your policy. This clause is an optional coverage in a lot of states. However, it is still a handy addition to your coverage, because as mentioned above, there are still a lot of drivers out there who are not insured. With this optional coverage, the insurance policy will cover all the expenses incurred, such as medical expenses for bodily harm and repair expenses for damaged property. It is best to consult with a lawyer before filing the claim with your insurance company. The lawyer will be of great help when processing documentation from the police and the hospital. The lawyer will also better assess the indemnity recoverable from the driver-at-fault. Another option is to take the case to court. Lawyers, such as those from the Law Offices of Gary L. Rohlwing, would advise filing a personal injury suit against the driver at fault. However, this may take a lot of time and money. It is … Continue reading