Articles Tagged with Tempe

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Convictions result in life altering criminal and collateral consequences for offenders.

The search resumes for missing 19 year old ASU student who disappeared during what he previously described to his family as “hell week” for initiation into a fraternity. He was last seen at Tempe Marketplace 11:00 pm on November 30, 2012, after attending an event held by a fraternity for which he was pledging.

Tempe police have tenaciously conducted ground and lake searches; used K-9 units; surveillance video; interviews with friends, class mates and followed many leads, in desperate attempts to find the missing college student.

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National Center of Disease Control (CDC) weighs in on predictable effects based on BAC

A person’s BAC refers to the Blood Alcohol Content found in a person’s body. This can be measured through means of a DUI breath or Chemical Blood test. If a certain limit is exceeded, the motorist was found to be driving impaired due to alcohol they will be arrested for DUI charges.

Each state has adopted its own legal limit. In Arizona, the legal limit is 0.08%. Arizona is considered to have one of the motorist DUI laws in the country because it goes a step further. Arizona motorists may be arrested for DUI even if their BAC does not exceed 0.08%; and even if the motorist has not alcohol in their system.

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What Police and city officials are doing to take back their crime plagued city.    

As the trial begins for the murdered ASU student, Kyleigh Sousa, Tempe Police and City Officials try to prevent, and control crime and take back the downtown areas.

What was once the center of fun, and enjoyable activities, and entertainment, has now become the center of organized drug gangs and violence.  We are reminded of not only the tragic death of this ASU student, but the shoot- out last year between gang members at a popular nightclub.

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Under Arizona Law A.R.S. 28-2831 (I) (6) DUI sentencing includes use of certified Ignition Interlock Device (IID) among other penalties.

Following reinstatement of fog a 90 day suspension for Misdemeanor DUI first time offense, the defendant will be required to equip their vehicle with a certified IID. The period of time ordered by the court may be 6 months to one year depending on the circumstances of the conviction. Factors the judge considered includes whether or not the impairment was due to drugs or alcohol; the degree of impairment; status and validity of driver’s license at the time of the stop.

Definition of Ignition Interlock Device

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In Arizona, a motorist may be charged with Marijuana DUI, if they are under the influence of Marijuana, and they are driving “impaired to the slightest degree” A.R.S. 28 § 1381.

The burden of proof rests with prosecution to “prove beyond a reasonable doubt” that a person was actually driving impaired due to Marijuana found in their bloodstream.

Marijuana can actually remain in the blood stream for days and even weeks depending on how much was inhaled or ingested, and the frequency of use. In some cases, traces of Marijuana can be found after a month of use has passed.

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Tempe AZ Driver’s License Revocation

If your Tempe driver’s license was revoked it means your Arizona driving privileges have been withdrawn indefinitely. Driver’s license revocation usually results from serious DUI or criminal convictions that involved driving a vehicle. For many people, license revocation is more than just an inconvenience. It can be devastating for them and their families. This article provides insight into what types of Tempe DUI or criminal charges have the potential to result in driver’s license revocation in Arizona, and how you can get it reinstated.

Criminal Convictions that Result in Revocation of Driver’s License

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Initial Appearance in Tempe City Court

Following a Tempe DUI arrest, you will be taken into police custody. The “Initial Appearance” is a brief hearing usually held within 24 hours of your detention. It is brief hearing and the first time you will appear before the court regarding the matter. The court will inform you of the charges against you. The presiding judge then sets your release conditions, if it is determined that you are eligible.

Release Conditions – What the Judge Considers

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Arizona Public Records Release Law

Under Arizona’s Freedom of Information Laws pursuant to A.R.S. § 39 – 121 is entitled to request their DUI police incident report. Your report is required to be released to you  when it is available and upon receipt of the required fee by the police department

How to request a copy of your DUI incident report

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Felony Assault v. Misdemeanor Assault charges in Mesa, AZ

There are two main differences between Felony Assault charges and Misdemeanor Assault charges:

  1. Aggravated Factors – Circumstances which are involved in Aggravated assault that are not present in Misdemeanor assault. Assault charges will be raised from a Misdemeanor to a Felony if at least one of 10 aggravated factors surround the offense;
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If you were arrested for DUI or charged with a crime, you should have a complaint or citation. This document will provide information about the location and name of the court that you are required to appear. This is hearing is called an “Arraignment”. All misdemeanors are heard in the lower courts which are City or Justice courts, in the municipality where you were cited or arrested.

If you are required to appear in Tempe Municipal Court, for a misdemeanor or preliminary hearing for a felony for DUI or criminal charges.  Below is the location and telephone number for that criminal court:

Tempe Municipal Court‎

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Contact Information
Law Office of James Novak, PLLC
4500 S Lakeshore Dr #352
Tempe, AZ 85282
Phone: (480) 413-1499Text: (602) 908-8123

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