Thursday, December 7, 2017

Arizona DUI Checkpoints, What to Know and How to Be Prepared for Them

In the state of Arizona, DUI laws and the corresponding penalties for violation are among the strictest in the country. To help make sure that the laws are enforced, the state sets up sobriety checkpoints all over the state during various times of the year. The checkpoints are common during holidays like the 4th of July, Memorial Day, New Year’s Eve, and Labor Day. At the checkpoints, police officers are on the lookout for impaired drivers.  

What to Expect at DUI Checkpoints

Police officers manning a sobriety checkpoint may either stop all passing vehicles or use a pre-determined pattern to stop particular cars. The goal is to determine if the drivers are impaired. Checkpoints are often set up early in the morning or late at night, when the percentage of impaired drivers on the road is at its peak. When you are stopped at a checkpoint, officers may request to search your vehicle. Unless they have legal grounds to perform the search, you may refuse their request. If they order you to step out of your car, do so, but lock the door once you get out of the car, unless explicated instructed otherwise. You have the right to refuse to take all field sobriety test. This includes the any of the tests which will ask you the track a pen with your eyes, walk in a straight line, touch your nose, or reciting the alphabet. Thus, even if you are eventually charged with a DUI, the officer cannot include how you did on those tests as a reasons to arrest you. You may also be asked to undergo breath alcohol testing to determine the level of your blood alcohol content. While you can also refuse to take the test, the consequences of your refusal will result in the loss of your driving privileges. It is best to always ask to speak to an attorney prior to making the decision on whether you should refuse to take the chemical test.  

Effectiveness of Sobriety Checkpoints

The police believe that DUI checkpoints are effective in reducing the number of impaired drivers on the road, even if many violators are able to get around them. What’s important is for the public to be aware that impaired driving is never tolerated. Based on the National Highway Traffic Safety Administration (NHTSA) studies, there are three DUI arrests done by roving patrols for every arrest made at a DUI checkpoint.  

Preparing for Arizona DUI Checkpoints

Following are some tips on how you can prepare for DUI checkpoints:
  • If you can, determine where the checkpoints in your area will be set up prior to a holiday. Locations are usually posted on state and city government websites, and announced on local news, the radio, and in newspapers.
  • Make sure you have your registration and license within easy reach, in case an officer stops you. If that happens, immediately present the documents. You may arouse suspicion if you fumble in getting your license and registration.
  • Don’t offer more information than what the law requires you to supply. Even when an officer asks, you don’t have to tell him where you’re going or where you came from. Likewise, you don’t have to provide information about your past or recent drug or alcohol.
  • If there are other people riding with you, it is important that they are not seen with any drug paraphernalia or open alcohol containers.
  • While at a checkpoint, always be respectful and remain calm. Whether you are impaired or not, showing rudeness or nervousness will do you no good. You have to stay composed at all times. When asked, produce your registration and license right away. Never complain during the entire time.
If you or any of the passengers are charged with a DUI or possession of illegal drugs at a DUI checkpoint in Arizona, it is important that you immediately seek the help of an experienced DUI attorney like Robert A. Dodell. Additional Related Items For DUI's - These Are Different Circumstances: DUI Interlock System Repeat DUI Offenses and What to Do   Robert A. Dodell, Attorney At Law 10601 N Hayden Rd, #I-103 Scottsdale, AZ 85260 (480) 860-4321  

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DUI Attorney - Criminal Lawyer | Robert Dodell Law Offices

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Scottsdale, AZ 85260

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Thursday, November 30, 2017

Benefits of Hiring a Traffic Ticket Attorney

Even if you have been driving for a long time, you may commit some minor driving errors that can result to traffic violations. These include forgetting to use the proper signal when turning, going beyond the speed limit, and beating the red light. These seemingly minor violations can quickly add up, and you may not have the time or the experience to deal with them on your own. Thus, hiring a traffic ticket attorney to contest your traffic tickets in court would be a great move. This way, aside from possibly having to pay lower fines, you may avoid higher insurance premiums and additional points in your driver’s license, as well.   The Traffic Ticket Lawyer A traffic ticket attorney like Robert A. Dodell deals in traffic and driving laws. He has extensive experience in defending traffic court cases including routine moving offenses like beating the red light, and more serious violations like driving under the influence of alcohol or drugs. A competent and experienced lawyer will, regardless of the circumstances surrounding a violation, will work to lower your penalties, negotiate for alternative penalties, or have the traffic ticket dismissed altogether.

  • Lowering Ticket Penalties – In general, this involves convincing the State to dismiss or lower your fines and / or the assessment of driver’s license points. This will not only save you money in fines, but may also help you avoid higher insurance rates and driver’s license suspension.
  • Negotiating for Alternative Penalties – Attending traffic school is a common and popular alternative to a standard ticket penalty. Completing the course will help keep your driver’s license points from accumulating, and prevent your insurance premiums from escalating. Thus, when offered traffic school instead of something more serious, don’t hesitate to grab the opportunity.
  • Having the Ticket Dismissed – Competent traffic ticket lawyers are well-versed on traffic laws. Thus, they know the right ways to get the traffic ticket dismissed, including:
    • The issuing officer’s non-appearance in court
    • Your agreement to plea to a less serious violation
 

Weighing Lawyer’s Fees versus Ticket Costs

While working with a lawyer has definite advantages, you must first decide if the cost of hiring a lawyer would be worth the amount of penalties and other benefits you will gain. It is the fact that the services of an attorney are not cheap. Here are some questions to ask yourself:
  • Does the traffic ticket fine cost less than the attorney’s fees?
  • Will the additional points assessed on my driver’s license be too much of a burden?
  • How much will my automobile insurance premiums increase?
  Working with Robert A. Dodell, Attorney At Law may entail some costs. You may save a little money by dealing with your traffic tickets on your own – if you are successful in having them dismissed. However, if you are convicted, the penalties, the entry of points on your driving record, the higher insurance premiums you will most likely be assessed in the future, as well as the stress that comes with a conviction, may not be worth the savings in the long run. Contact My Office Today For Help: Robert A. Dodell, Attorney At Law 10601 N Hayden Rd, #I-103 Scottsdale, AZ 85260 (480) 860-4321 http://www.azcrimlaw.com/ http://www.azcrimlaw.com/blog/ https://plus.google.com/u/0/b/110667029471992332265/+RobertADodellAttorneyatLawScottsdale https://twitter.com/azcrimlaw1

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Wednesday, November 22, 2017

Zero Tolerance DUI in Arizona

Remember that the state of Arizona does not tolerate driving under the influence or DUI offenses. If you are caught driving under the influence of alcohol or drugs, you will be immediately arrested. Depending on your blood alcohol content percentage or the drug, number of previous violations, status of the validity of your driver’s license, and whether or not there are passengers under 15 years of age in the vehicle, you can be subject to a variety of sentencing requirements for a DUI, if convicted of this most serious offense.   There are three types or levels of DUI misdemeanor offenses, based on the blood alcohol content: standard, extreme, and super extreme. A few of the things that you may go through when you are arrested are:

  Depending on the type of offense and the number of previous offenses, the combination of the punishment that will be given to you will differ. It is best that you immediately get in touch with your attorney if you get arrested. If you do not have one or want a lawyer specializing in such, it is best that you contact Robert A. Dodell, Attorney at Law. Additional DUI Related Resources/Offenses:

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DUI Attorney - Criminal Lawyer | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

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Thursday, November 9, 2017

Extreme DUI and Aggravated DUI What is The Difference

Understanding the Arizona Law Difference Between Extreme DUI and Aggravated DUI

If you are in the State of Arizona, it is important that you understand the different charges that are related to driving under the influence of alcohol or other mind-altering substances. Being charged with a DUI is a serious offense, and it can be even more so depending on the type of charges. For instance, the difference in the terminology often confuses many people. There is a difference between the terms Extreme DUI and Aggravated DUI. Either way, if you are charged with these offenses, it is vital that you understand the charge and how to defend yourself against it with a professional attorney by your side. In the State of Arizona, the Extreme DUI charge is related to the amount of alcohol in your system. When suspected of impaired driving by alcohol, you are asked to provide a test sample. If your blood-alcohol concentration, or BAC, is over .15%, you can be charged with an Extreme DUI. And if the BAC exceeds .20%, you will be charged with a Super Extreme DUI. Although these crimes are misdemeanors, you can end up serving significant jail time. On the other hand, an Aggravated DUI is a felony and this does not involve the amount of alcohol in your system. Rather, it involves whether there are children involved, prior DUI history or license status. The first potential circumstance is having a minor in the car. If you have a child under 15 years of age in the vehicle and you are arrested for DUI, this changes the severity of the charges you are going to face. This falls within the category of Aggravated DUI, which includes some more serious consequences. Another way to receive such an Aggravated DUI charge is to get arrested again after having at least two prior convictions for a DUI in the previous 7 years. Lastly, if your license has been suspended or revoked, you should not be driving at all. If you get arrested for driving a vehicle for a DUI, you are facing an Aggravated DUI charge. So an Extreme or Super Extreme DUI charge is a misdemeanor. An Aggravated DUI charge is a felony. Both a quite serious and the consequences are life changing. You will be able to start planning your defense. Find an excellent attorney in your community who is familiar with DUI cases. Make sure to investigate the reputation of the law firm to ensure you are going to get a good representation in the legal process. Being charged with a DUI is a serious matter. You need to make sure that you are able to get the legal assistance necessary to keep your consequences minimized. No matter what type of DUI you have, this is essential to your freedom! Read more about the DUI case process and my legal services. I can help you through this crisis. I personally answer my own telephone and will personally handle your case. Contact Robert A. Dodell, Attorney at Law, directly by email or by calling 480-860-4321 now for a free initial consultation. You can find my office in North Scottsdale: Robert A. Dodell, Attorney At Law Outside Front Office Robert A. Dodell, Attorney At Law 10601 N Hayden Rd, #I-103 Scottsdale, AZ 85260 (480) 860-4321 http://www.azcrimlaw.com/

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DUI Attorney Scottsdale - Scottsdale Criminal Lawyer | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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Sunday, October 29, 2017

First Time DUI Offense in Arizona: Why You Need a Good Defense

If you are charged with a DUI offense, you need to know what the law is in that particular state. Arizona residents and visitors need to understand things like the blood alcohol content in Arizona, how much jail time they can receive and more. To learn a little bit more about Arizona DUI laws, you should read below and learn the ins and outs. The tips in this article will revolve around people who are first time DUI offenders, so consider these points.  

#1: Hire a Great DUI lawyer

If you are charged with a DUI in Arizona, you should get in touch with many different DUI lawyers that practice in Arizona to know exactly what you can expect when charged with a DUI.  During your consultation, the attorney should explain the legal process and what the attorney can do for you. Ask about the cost for legal representation and payment options, so that you know that you're able to afford a private attorney. Make sure we are comfortable with the attorney.  Will this attorney be handling your case or will the case be handed off to someone else?  Be sure the attorney will be available to answer all your questions when you have them.  Communication with your attorney is the up-most importance.  

#2: Understand Arizona DUI laws

Each and every state has its own DUI laws, so as an Arizona resident or visitor that was charged, you need to learn as much as you can about how they handle these particular cases. Start by understanding the blood-alcohol content limits and the sentencing ramifications.  Also learn want this will do to your driver’s license and insurance rates. The effects of a DUI are quite onerous  

#3: Be ready for the process

Since this is your first time being charged with a DUI, you need to do everything that you can to make sure that you are ready for the process and assist your attorney in the process. Get ready to appear in court and have your attorney fight and negotiate for you. This is why it is so important to hire a great lawyer, because you will be leaning on them and trusting them for a lot of the work that they do. Patience and knowledge of the process will go a long way toward helping you out during this time.  

Some of the Fines, Costs and Penalties Associated With a First Time DUI Misdemeanor:

  • Up to $2500 in fines for the first offense
  • Screen tests and counseling classes up to $500
  • May need an ignition interlock device installation up to $1,200
  • Possible requirement to purchase SR-22 insurance - up to $3,000/year in additional insurance costs and maintain for 1-3 years
  • Driver’s license suspension of anywhere between 90 to 360 days
  • Possible probation
  • Possible community service hours
  • Possible jail time 1 Day to 6 Months
  • Getting charged with a second DUI or multiple DUI offenses, these fines and penalties become significantly harsher
  These three tips outline exactly what you can expect from your first DUI if you are a resident or visitor to the State of Arizona. This is a great starting point that you should keep in mind so that you are able to make the most out of your case and get the proper DUI defense representation that you need. To make sure that this happens, follow these points the best that you can and be patient throughout the rest of the legal process. These charges are very serious. You may be facing a misdemeanor DUI or a felony DUI depending on several factors during the DUI arrest. I can help you through this crisis. I personally answers my own phone and will personally handle your case. Contact Robert A. Dodell, Attorney at Law, directly by email or by calling 480-860-4321 now for a free initial consultation.   Robert A. Dodell, Attorney At Law 10601 N Hayden Rd, #I-103 Scottsdale, AZ 85260 (480) 860-4321

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DUI Attorney Scottsdale - Scottsdale Criminal Lawyer | Robert Dodell Law Offices

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Sunday, October 22, 2017

Adult Adoptions

Many people are surprised to hear that adults can be adopted and that turning 18 years old doesn’t necessarily preclude one from that much desired sense of permanency and family. The reasons for an adult adoption vary of course, but most often it’s the result of a close familial relationship that’s existed for years but was never legally formalized. Other reasons may include financial protection for the adult adoptee in the form of inheritance as well as health insurance and social security survivors’ benefits for the adult full-time student. In the State of Arizona, any adult may adopt another adult who is at least eighteen years old but not more than twenty-one years old. The adult person being adopted must also consent to the adoption and be a stepchild, grandchild, niece, nephew or cousin. This even extends to former foster children who were placed as juveniles in the home of the adopting adult and who’ve maintained a continuous familial relationship for five or more years. The court may choose to conduct an investigation requiring a designated person to submit a written report regarding the nature and length of the relationship, the competency of the adopting adult and the adoptee and a determination if the best interests of the parties would be served in granting the adult adoption. The court may even decide if there are interested parties that should be made aware of the adoption proceedings. There are other restrictions and rules of procedure that apply to adult adoptions of course. On the other hand, adult adoptions can be far less complicated than juvenile adoptions. The consent of parents, a government entity or that of any other person is not required in an adult adoption; only the consent of the adoptee is a prerequisite. The process could take several months; however, the judge’s final decree of adoption would most certainly bring significant resolution to a family’s desire for completeness. If you need help or legal assistance with an adult adoption, contact Robert A. Dodell, Attorney at Law, now. Robert provides individual & personalized service through the adoption process. Contact Robert A. Dodell, Attorney at Law, directly by email or by calling 480-860-4321 now for a free initial consultation.

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Tuesday, October 10, 2017

Arizona’s Rules of Professional & Ethical Conduct

The State Bar of Arizona is investigating Maricopa County prosecutor Juan Martinez for possible ethical violations in the Jodi Arias case. His investigation reminds us that the Supreme Court of Arizona disbarred Maricopa County prosecutors Andrew Thomas and Lisa Aubuchon and suspended prosecutor Rachel Alexander based on the Presiding Disciplinary Judge’s Opinion and Order Imposing Sanctions dated April 10, 2012   The Hearing Panel headed by Judge William J. O’Neil thoroughly reviewed all the evidence and determined that Thomas, Aubuchon, and Alexander had violated several of the Arizona Rules of Professional Conduct (abbreviated “ER”) found in Rule 42 of the Arizona Supreme Court Rules. The information below is taken from Rule 42 and the Opinion and Order. Many of the Rules of Professional Conduct can be found by visiting http://www.azbar.org/Ethics/RulesofProfessionalConduct/ ER 1.1 states that “A lawyer shall provide competent representation to a client.” Thomas, Aubuchon, and Alexander violated ER 1.1 with the RICO Act lawsuit. ER 1.6(a) states that “A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent.” Thomas violated ER 1.6(a) with the statements in his June 14, 2006 press release on the Dowling and Keen matters. ER 1.7 (a)(1) and (a)(2) mandates that a lawyer shall not represent a client if the representation of one client will be directly adverse to another client or there is a significant risk that the representation of one or more clients will be materially limited by the lawyer’s responsibilities to another client, a former client or a third person or by a personal interest of the lawyer. Thomas and Aubuchon violate ER 1.7(a)(1) in obtaining the Court Tour subpoena and with the RICO Act lawsuit along with Alexander. Thomas and Alexander violated ER 1.7(a)(2) by representing the State when there was a significant risk that the representation would be materially limited by Mr. Thomas’s personal interest against Supervisor Stapley. All three violated ER 1.7(a)(2) with the RICO Act lawsuit. Thomas and Aubuchon violated ER 1.7(a)(2) when they tried to represent the State in the Wilcox prosecution. Thomas and Aubuchon violated ER 1.7(a)(2) by prosecuting Supervisor Stapley when their personal interests acted as a material limitation on their representation of the State. Thomas and Aubuchon violated ER 1.7(a)(2) when Ms. Aubuchon presented testimony to a grand jury seeking indictments against Andrew Kunasek, Sandi Wilson, David Smith, Gary Donahoe, and Thomas Irvine. Thomas and Aubuchon violated ER 1.7(a)(2) when they unlawfully prosecuted Judge Donahoe. ER 3.1 states that “A lawyer shall not bring or defend a proceeding or assert or controvert an issue therein, unless there is a good faith basis in law and fact for doing so that is not frivolous.” Thomas, Aubuchon, and Alexander violated ER 3.1 with the RICO Act lawsuit. ER 3.3(a) states that a lawyer shall not knowingly make a false statement of law or fact to a tribunal. Thomas and Aubuchon violated ER 3.3(a) when Aubuchon filed a motion asserting that “Judge Fields is the complainant in an open and pending State Bar matter that he initiated against County Attorney Thomas.” ER 3.4(c) states that “a lawyer shall not knowingly disobey an obligation under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation exists.” All three violated ER 3.4(c) with the RICO Act lawsuit. ER 3.6(a) states that “A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter. Thomas violated ER 3.6(a) with the statements in his August 24, 2009 press release. ER 3.8(a) states that “The prosecutor in a criminal case shall refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause.” Thomas and Aubuchon violated ER 3.8(a) when they unlawfully prosecuted Judge Donahoe. ER 4.4(a) states that “In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden any other person, or use methods of obtaining evidence that violate the legal rights of such a person.” Thomas and Aubuchon violated ER 4.4(a) when they pursued criminal charges against Supervisor Stapley. They also violated it when they obtained the Court Tower subpoena and when they prosecuted Supervisors Stapley and Wilcox and Judge Donahoe. All three violated ER 4.4(a) with the RICO Act lawsuit. Thomas violated it when he caused letters to be sent to the Supervisors and County management in December 2009 regarding MCBOS’s engagement of Shughart, Thomson as legal counsel to provide advice concerning conflicts and payment of that firm’s invoices. ER 8.4(b) states that “It is professional misconduct for a lawyer to commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects.” Thomas and Aubuchon violated ER 8.4(b) when they unlawfully prosecuted Judge Donahoe. ER 8.4(c) states that “It is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit or misrepresentation.” Aubuchon violated ER 8.4(c) when she knowingly failed to inform the grand jury that the State lacked jurisdiction to proceed against Mr. Stapley on many charges. She also violated ER 8.4(c) in communicating with Ms. Flores about the matters on which the grand jurors had voted to “end the inquiry.” Thomas and Aubuchon violated it when they unlawfully prosecuted Judge Donahoe. ER 8.4(d) states that “It is professional misconduct for a lawyer to engage in conduct that is prejudicial to the administration of justice.” Aubuchon violated ER 8.4(d) by writing and delivering potentially threatening and intimidating out-of-court letters to Judges Mundell, Baca and retired Judge Fields, with the purpose of ascertaining the decision-making thought processes of Judges Mundell and Baca. Thomas and Aubuchon violated ER 8.4(d) when they charged Supervisor Stapley with fifty-three misdemeanors knowing that the statute of limitations had run on forty-four of them. Thomas and Aubuchon violated ER 8.4(d) when they unlawfully prosecuted Judge Donahoe. All three violated ER 8.4(d) with the RICO Act lawsuit.   Sometimes a person may run into a prosecutor that is unethical and it is important to have an experienced legal counsel that will stand up for you and your rights. Robert A. Dodell, Attorney At Law has over 30 years as both a former prosecutor and a private practice attorney. Some of my practice areas:

  If you are already at the Scottsdale Court House and want to find my office, I am approximately 16 minutes from the Scottsdale Court House. See the map below for driving directions from the Scottsdale Court House to my office. https://goo.gl/maps/y2BYmfYhXQF2    

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DUI Attorney Scottsdale - Scottsdale Criminal Lawyer | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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