Category Archives: DUI
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
American Friends Service Committee-Arizona analyzed the court records of people who were sentenced to prison for a drug crime in Maricopa, Pima and Yavapai counties in 2015. They discussed their findings and recommendations in Drug Sentencing in Arizona: A Prescription for Failure, by Rebecca Fealk, MPA, and Caroline Isaacs, MSW, August 2017. All quotes and data are taken from their report. Most people believe that the vast majority of Arizona prisoners are violent offenders. This is not true according to the report: “Arizona has the 5th highest incarceration rate in the United States. Statistics from the Arizona Department of Corrections (ADC) show 21.8% of those in prison in 2016 were serving time for a drug-related crime as their most serious charge. That is more than any other crime.” The rest of the top 10 commitment offenses were: assault (12.8%), robbery (8.4%), burglary/criminal trespass (7.6%), murder (7.1%), sex offense (6.2%), weapons offense (4.4%), auto theft (4.2%), DUI (4.1%), and child molestation (4.0%) “With the estimated 2015 per diem of $64.93 a day to house a person in prison, Arizona is spending $588,655 per day to house people whose worst crime is a drug offense.” (emphasis in original) The report found that women in Arizona were incarcerated for drug crimes at a higher rate than men: “Arizona has the fourth highest female incarceration rate in the country, with 104 women behind bars per 100,000 population. In 2015, there were 4,028 women in Arizona prisons, about 9.4% of the total prison population. This mirrors a national trend. Between 1980 and 2014, the number of incarcerated women in the U.S. increased more than 700%, rising from a total of 26,378 in 1980 to 215,332 in 2014. This rate of growth outpaced the increase in incarceration of men by 50%. A full 32% of women incarcerated in Arizona were sentenced for drug crimes-the largest offense category by far.” (emphasis in original) In the research cases, 10.23% of the prisoners were Black, 43.85% were Latino, 2.70% were Native American, and 42.11% were White. The report shows that Arizona does incarcerate people convicted of drug crimes. If you or a loved one has been charged with drug offenses, you need an experienced attorney to defend you. Attorney Gary Rohlwing has over thirty years experience. Call him today for a free consultation.
Driving under the influence (DUI)of alcohol and/or drugs has serious consequences. Because of the dangers the felony entails, such as damage to properties and lives of people, laws have been passed to ensure the safety of pedestrians, commuters and other drivers. In the same light, boating under the influence (BUI) is also considered a criminal act. Driving a boat or watercraft of any sort under the influence of alcohol and/or drugs is illegal and warrants punishment by law.These laws were enacted to thwart the rise in the number of incidents involving watercrafts, and to prevent harm that an intoxicated person may cause to others as well as to himself. Different states have different laws for DUI and BUI incidents. Since this is the case, penalties will differ from state to state. Arrested For Boating While Under The Influence? The law serves as the guiding principle in almost all aspects of people’s lives. Thus, knowledge of the law is very important. By knowing the law, you become aware of both your rights and responsibilities. At the very least, understanding the law would allow you to act accordingly and avoid situations which would lead to unwanted consequences. However, not everyone is well-informed of the law and certain situations may occur, which may requirethe expertise of professionals. When faced with a criminal violation such as BUI, professional help is recommended, especially because the imposition of penalties differs according to the circumstances of the case. The help of an experienced and effective lawyer can help mitigate the unpleasant consequences of a BUI arrest. Boating DUI Charges A person suspected of boating under the influence (BUI) can be arrested by law enforcement officials such as the U.S. Coast Guard or local law enforcement. To determine the penalty to be imposed, as well as its gravity, the offender’s blood alcohol content level is usually checked. A blood alcohol concentration of 0.08% indicates intoxication, which is a criminal offense and could warrant arrest. Surrounding circumstances such as possible damages to property and/or people are also taken into account. Penalties can range from fines to prison time, particularly if the BUI incident leads to injuries and death. Boat operator privileges can be revoked or suspended. Other consequences include rendering community service, and attending classes in boat safety and alcohol education. The gravity of criminal penalties will increase for subsequent convictions. The Seriousness of an Arrest An arrest is the act of detaining a person as part of the system of criminal justice. Getting arrested could mean serious consequences. Being arrested for BUI could imperil one’s legal freedom, finances, and reputation. It could have detrimental effects to a person, particularly in terms of employment. For a person whose livelihood depends on the operation and driving of boats, this can pose serious financial drawbacks. Aside from this, it can lead to possible problems in the future, especially if convicted. Criminal records can tarnish a person’s character or credibility and spending time in jail can affect almost all aspects … Continue reading
Medical marijuana became legal in Arizona when voters approved Proposition 203 in 2010. Many people who use medical marijuana also drive and are concerned about being charged with driving under the influence because they use medical marijuana. As discussed below, Arizona law does not immunize them from being charged with driving under the influence of marijuana. The Arizona Medical Marijuana Act (AMMA) is found in Chapter 28.1 of Title 36 of the Arizona Revised Statutes. A.R.S. § 36-2802(D) states: “This chapter does not authorize any person to engage in, and does not prevent the imposition of any civil, criminal or other penalties for engaging in, the following conduct: A. Undertaking any task under the influence of marijuana that would constitute negligence or professional malpractice. B. Possessing or engaging in the medical use of marijuana: On a school bus. On the grounds of any preschool or primary or secondary school. In any correctional facility. C. Smoking marijuana: On any form of public transportation. In any public place. D. Operating, navigating or being in actual physical control of any motor vehicle, aircraft or motorboat while under the influence of marijuana, except that a registered qualifying patient shall not be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana that appear in insufficient concentration to cause impairment.” E. Using marijuana except as authorized under this chapter.” The relevant Arizona Driving under the Influence statute is A.R.S. § 28-1381(A)(3): “A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances: While there is any drug defined in section 13-3401 or its metabolite in the person’s body.” The Supreme Court of Arizona has held that a medical marijuana patient has an affirmative defense to driving under the influence in Dobson v. McClennen, 238 Ariz. 389, 393 ¶ 20 (2015) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2015/CV140313PR.pdf: “A qualifying patient may be convicted of an (A)(3) violation if the state proves beyond a reasonable doubt that the patient, while driving or in control of a vehicle, had marijuana or its impairing metabolite in the patient’s body. The patient may establish an affirmative defense to such a charge by showing that his or her use was authorized by the AMMA—which is subject to the rebuttable presumption under § 36–2811(A)(2)—and that the marijuana or its metabolite was in a concentration insufficient to cause impairment. The patient bears the burden of proof on the latter point by a preponderance of the evidence, as with other affirmative defenses. SeeA.R.S. § 13–205(“[A] defendant shall prove any affirmative defense raised by a preponderance of the evidence.”).” The Arizona Court of Appeals found that a medical marijuana patient does not have to present expert testimony in order to establish his or her affirmative defense in Ishak v. McClennen, 241 Ariz. 364, 372 ¶ 20 (App. 2016) http://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2016/1%20CA-SA%2016-0134.pdf: “In sum, an authorized medical marijuana user charged with violating § 28-1381(A)(3) may establish the affirmative defense afforded by § … Continue reading
The Arizona Zero Tolerance DUI Law Arizona passed A.R.S. § 4-244(34) in response to the 1995 National Highway Systems Designation Act stating that federal highway funds would be withheld from any state that failed to set a 0.02 alcohol concentration limit for minor drivers. A.R.S. § 4-244(34) provides: “It is unlawful for a person under twenty-one years of age to drive or be in physical control of a motor vehicle while there is any spirituous liquor in the person’s body.” In Arizona, you are deemed underage for drinking if you are less than 21 years old – even if you will be celebrating your 21st birthday in 6 hours. While other states would allow alcohol concentrations up to 0.02% for underage drivers, Arizona allows zero alcohol concentrations. It is a fact that it is illegal for minors to drink alcohol. However, minors cause approximately 17% of all alcohol-related car crashes resulting to death every year. Around 2000 underage drinkers lose their lives while driving, one third of which involve alcohol. Why Arizona Has Zero Tolerance DUI Laws in Place Why does Arizona have this zero tolerance DUI law? Everyone knows that many people started drinking alcohol before they were 21, the legal drinking age. Chances are, most have driven a motor vehicle as well. Unfortunately, approximately one third of all fatal accidents that involve 15 – 20 year old minors are car accidents, around 35% of which involve alcohol. The percentage of alcohol-related accidents in young drivers is about twice as much as the rate for drivers above the age of 21. The Impact of Zero Tolerance Laws There’s no doubt that zero tolerance is stringent and may seem too harsh for some people. In fact, a lot of people doubt whether the strict policy actually has a positive effect on minors. The NHTSA (National Highway Traffic Safety Administration) compared statistics between 12 states that have a zero tolerance law in place against 12 other states with no zero tolerance laws in place. The results? States with zero tolerance laws showed a 20% drop in single night time crashes that resulted to death of underage drivers. According to the NHTSA, the biggest decrease in deadly crashes happened in states with underage alcohol concentration of no more than 0.02%. States that allow a higher alcohol concentration level for underage drivers registered less impact. Although the NHSD Act of 1995 merely required states to set a 0.02% alcohol concentration limit for minor drivers, Arizona along with other states decided to put a zero tolerance policy in place. The law may be harsh but the figures do not lie. The difference between 0.00% and 0.02% may be miniscule but it keeps more underage drivers alive. Arizona has good reason to take the NHSDA act seriously. When facing a zero tolerance DUI charge in Arizona, contact the Law Offices of Gary L Rohlwing and make sure your rights are protected. Law Offices of Gary Rohlwing – Peoria Law Offices of Gary L. … Continue reading