Articles Posted in Alcohol-Related Offenses

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nissan-pathfinder-1466838-1-e1490133843106In a recent Arizona appellate case, the defendant was convicted of aggravated assault resulting in temporary but substantial disfigurement and assault. The lower court suspended the imposition of a sentence and put him on probation. The defendant appealed, claiming that there was prosecutorial misconduct in charging him with aggravated assault causing serious physical injury, and the court had made a mistake in denying his motion for a judgment of acquittal on that charge because the evidence showed minor injuries.

The case arose in 2012, when a trooper responded to a pickup truck accident. The trooper found that a pickup truck had left the road, and crashed into a sign. There was blood on the driver’s side of the pickup, and none on the passenger side. Emergency medical personnel treated the defendant and his mother. He had a bleeding cut above his left eye and on his hands. The mother didn’t have any blood on her, but complained about experiencing pain. The trooper observed that the defendant had red watery eyes and other signs of inebriation. The defendant admitted that he’d had a few drinks.

The defendant and his mother were taken to the hospital. The trooper followed. At the hospital, a nurse told the trooper they’d be drawing the defendant’s blood for medical purposes and the trooper asked for a sample. The trooper waited in a common area, and overheard the defendant talking on the phone and saying that he’d gotten into the accident after consuming alcohol at a restaurant. He also overheard the defendant confirm to his health care providers that he’d been drinking alcohol.

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carYou should be aware that allowing your vehicle or license registration to expire may provide police officers with a reasonable suspicion to stop you while driving in Arizona. Under A.R.S. section 28-2153, you cannot operate a motor vehicle that has not been registered with the department.

In the unpublished opinion of State v. Avalos, the defendant appealed after being convicted of aggravated DUI and aggravated driving with a blood alcohol content of .08 or more while his license was restricted, revoked, or suspended. He had been sentenced to concurrent terms of 10 years in prison.

A Tucson officer stopped the defendant after the officer checked the records and found the registration for the defendant’s car had expired eight days before. The officer approached the car, and the defendant got out and handed him his keys, saying he knew that the officer would tow the car. The officer took him back to the car and saw open beer bottles on the floor of the car at the driver’s seat.

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Overview of Arizona DUI Trends, Laws, Penalties, and Criminal Defense

http://blog.novakazlaw.com/files/2017/01/Statue-of-Liberty.-4jpg-283x300.jpgIf you live in Arizona or plan to drive in the state over the July 4th weekend it is important to be aware of the DUI laws and consequences of a conviction.

According to media reports, state and local law enforcement agencies throughout Arizona will increase DUI patrols over the July 4th weekend. Starting Friday, July 1, 2016 law enforcement, including the Phoenix and Tempe police departments, will have an increased presence throughout Maricopa County looking for drivers impaired by drugs and/or alcohol.

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74 percent of young persons consider their parents to be the greatest influencers in their lives.

Resource Article – Part 2 of 2   

Underage Drinking: Subduing the Problem

We start this article with a quote:  “The supreme art of war is to subdue the enemy without fighting.” – The Art of War

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No parent is ever fully prepared for a call from their son or daughter from jail following an arrest. The question all parents ask is “What now?”  This is where you start.

Resource Article: 1 of 2 Parts: Arizona’s Trends, Arrests, Laws; Consequences; and criminal defense

Maricopa County Mesa Arizona DUI Task Force Van

On March 30, 2013, an 18-year-old Tempe ASU student fell to her death from a ten-story apartment building. She had just returned from an “all you can drink” party at an off-campus, now-banned fraternity house. Security video footage showed Naomi walking the halls of the apartment stumbling and unable to steady balance after she left the party, where friends say she was drinking heavily. Security cameras from outside the building revealed Naomi straddling the 10th story balcony railing before falling to her death. It is not known whether she fell accidentally or intended to take her life. All we know is that she died that day.

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Appeals Court says to prosecute public drunkenness, violates legislature’s decision to treat alcoholism and substance abuse as a disease, not a crime.

Tempe DUI Lawyer (4)Appeals Court Decision: State of Arizona v. David Harold Cole 

On Monday May 5, 2014 an Arizona Appeals Court ruled unanimously on State of Arizona v. David Harold Coles, deciding that being drunk in public was not a crime. The Arizona Court of Appeals Division One overturned a criminal conviction resulting from violation of a Scottsdale AZ municipal ordinance, making it a crime to be “incapacitated in public” due to alcohol.