Monday, November 23, 2020

Crucial Facts about Arizona Drug DWIs

Arizona DUI Laws

Arizona law, like all state law, makes it expressly illegal for one to be in control of a motor car while under the influence of any intoxicant. Arizona is notable for being one of the harshest states on drivers found to be driving under the influence. Offenders are usually subject to legal sanctions of varying severity once it has been established that they have exceeded the legal limit. The legal limit in the state of Arizona is a blood alcohol level of 0.08%. Anyone found with alcohol at this level, or higher is liable for criminal prosecution. Gavel, Alcoholic Drink and Car Keys on a Gradating to White Background - Drinking and Driving Concept.

Arizona DUI Penalties

Understandably, for a first-time offender, the penalty for a DUI is decidedly more lenient than for a repeat offender. A first-time DUI is typically classified as a Class 1 misdemeanor. Offenders may face several legal sanctions depending on the particular circumstances surrounding the offense. They are likely to face penalties of a minimum $1500 fine and assessments, possible probation, or even be ordered to perform community service.  There is mandatory drug or alcohol counseling. There is also a short stint in jail and a suspension of driving privileges. Typically, first time DUI offenders will have their license suspended for ninety days, although a work permit may be possible after the first thirty days is completed. This suspension is referred to as administrative license suspension. Also, Arizona DUI law requires offenders to undergo mandatory counseling to educate and sensitize drivers on the dangers of drunk driving. The law is much firmer for second and subsequent offenders. For one to be charged with a second DUI in the state of Arizona, they would have to have a blood-alcohol level of at least 0.08% and would also have had a DUI conviction dated within the last seven years. A second DUI charge will see the offender face at least 30 days in jail and up to as much as six months. Additionally, the minimum fine and assessment payable is approximately $3500. Other sanctions include mandatory drug or alcohol counselling,  suspension of one's license for one year and community service, as well as possibly probation. For third-time offenders, the legal penalties are much worse, as the case becomes a felony. The fine and assessments for a third offense is approximately $4700 while they face a minimum of four months in prison. Additionally, they stand to lose their driver’s license for one year. This is not to mention the mandatory drug or alcohol counseling they will be required to undergo along with probation or community service. All told, the penalties for DUI charges in Arizona are among the harshest.

Arizona DUI Facts to Remember

There are several crucial DUI facts to bear in mind if you plan on visiting Arizona. The first of these is that commercial drivers can be arrested on a DUI charge with a blood alcohol content (BAC) of as little as 0.04%. Anybody found driving under the influence without having attained the legal drinking age is also subject to prosecution. A sad fact is that driving under the influence continues to contribute to close to a third of all accidents. Another fact to consider when it comes to DUI charges in Arizona is that failure to submit to a sobriety test leads to an automatic one-year license suspension. The penalty is much steeper if it is your second offense of refusing to take the test, for which one may face a license suspension of up to two years.

The Value of Hiring a Good DUI Lawyer

The value of hiring a knowledgeable DUI attorney is easy to see. The right DUI lawyer will keep up with the latest legal advancements to secure the best defense for their client. Regardless of the severity of the charges, it is always advisable to have a seasoned attorney in your corner. A experienced lawyer will weigh the particular circumstances of your arrest and the charges you face. Not only will they be familiar with the law but they will also understand the facts surrounding DUI cases quite well. After reviewing the case, they will be able to propose a solution that seems appropriate for the criminal charges you are facing. So, should you or your loved one be faced with DUI charges, it will pay to contact Robert A. Dodell, Attorney at Law.  He is knowledgeable in DUI law, with the experience of 30 years both as a prosecutor and defense attorney, and is your best bet toward a favorable ruling. After a free consultation, Robert A Dodell will work aggressively and tirelessly to defend you as he has done for decades. The importance of engaging the services of a stellar attorney with a distinguished history cannot be taken lightly.  Get the right legal backing in your corner.

Crucial Facts about Arizona Drug DWIs Find more on: https://azcrimlaw.com/blog/ Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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Friday, October 30, 2020

Myths about Facing a DUI Charge in Arizona

Being charged with driving under the influence is a serious legal matter in every state. All states have unified the .08 blood alcohol content level as a presumption of intoxication but the associated legal penalties with a conviction differ significantly from state to state. Sometimes penalties are relatively administrative and standard for a first conviction, then they are enhanced with subsequent convictions. In addition, look back periods for determining the enhancement of charges is also not consistent, ranging from 7 to 10 years depending on the state. Most defendants do not realize the severity and potential long-term outcome of a DUI conviction, and often they attempt to deal with their court dates without solid legal representation and merely plead guilty as though they have no defense in the case. It is always essential to have an experienced DUI attorney when going to court for impaired driving because the outcome has a significant impact on the future of all defendants. Here are a few myths people accept regarding DUI cases in Arizona.

Intoxicated driving is a standard traffic charge.

A charge of driving under the influence is not a mere traffic violation. It is a serious criminal charge in the state of Arizona, and prosecutors are serious about making the charges stick. There are also mandatory minimum penalties in every aspect of the punishment, which is a comprehensive approach in Arizona. Prosecutors often have little room to plea bargain a conviction down, and most will not even consider this without solid legal counsel.

The law applies equally to all drivers.

The standard for a charge conviction in a typical passenger vehicle case for an individual over 21 years of age is set at .08 BAC.  But any level of intoxication while driving is a violation of Arizona law due to the restrictions on alcohol use for those under age 21. And commercial drivers are held to a .04 BAC standard when operating a vehicle, and this does not necessarily apply only to those driving tractor-trailer rigs. There are varying degrees of commercial driver licenses, and all classes are set at the .04 BAC standard.

First offenders do not receive a jail sentence.

Arizona impaired driving law is indeed one of the strictest, if not the most restrictive, in the United States. All convicted individuals are required to spend a minimum of one day in jail, along with nine additional suspended days of jail. However, judges have upward latitude regarding potential incarceration periods, and it is possible to receive the full 10-day sentence recommended by the prosecutor and accepted by the court without having an experienced criminal defense lawyer representing the case. The allowed 9-day suspension is not mandatory.

Minimum penalties are the standard for first offense charges.

Courts in Arizona are not required to issue the basic minimum punishments for a conviction, and prosecutors often have set policy for dealing with cases that exceed minimums in every aspect. Penalties are determined by the specifics of the case, and reasonable doubt is difficult to establish without solid legal counsel.

Defendants are not required to have legal representation.

All defendants in an impaired driving charge in Arizona are required by law to have legal counsel because some jail time is mandatory.  This is actually set by federal precedent for anyone who may receive a jail term of any amount in the United States. It is an adequate counsel requirement. A defendant can waive that legal right to counsel  A public defender will be appointed to represent a defendant, but only if the defendant is financially eligible under the court’s guidelines. Public advocates often have huge caseloads and limited time to devote to one particular case. It’s always best to have a private criminal defense lawyer who understands the implications of an intoxicated driving charge, who can spend the proper time on a case. These are just a few of the concerns and myths that defendants should consider before deciding to plead guilty to an impaired driving charge regardless of the strength of the state's case. In fact, the more severe cases require the most effective and aggressive criminal defense measures. A conviction assuredly has a lasting effect on the life of the defendant, including completing alcohol or drug education and having an ignition interlock device installed in the vehicle at their own expense. Never accept the idea that you have no defense in your case. If you are charged with a DUI in Arizona, you should call Robert A. Dodell, Attorney at Law, for solid and aggressive legal representation.

Myths about Facing a DUI Charge in Arizona is republished from Robert Dodell owner of azcrimlaw Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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Monday, October 26, 2020

How COVID-19 Has Changed Law Enforcement?

The COVID pandemic has brought forth numerous changes. One group experiencing major alterations is law enforcement. Arizona-based criminal attorney Robert A. Dodell invites interested parties to continue reading to learn about how the Coronavirus has changed the ways police conduct important business.

Limiting Arrests

In an effort to prevent the virus's spread, local, state, and national government and health organizations have instituted numerous safety guidelines. These safeguards, such as the practicing of social distancing, have rendered a formerly simple and straightforward activity, like executing arrests, far more challenging. Obviously, this action necessitates close contact between law enforcement official and offending individual. However, as more health mandates have entered into effect, policing agencies have been encouraged to detain fewer criminals or only arrest those committing more serious offenses.

Reduced Incarcerations

Another common pandemic spread prevention technique instituted by governing authorities is the limitations on gatherings or introducing new subjects into a given location. This edict has exerted a significant impact upon the nation's jail and prison systems. Some institutions are capping the number of new inmates to be accepted. In many cases, those convicted of mild to moderate offenses or those handed down short sentences are not always being subjected to incarceration. Moreover, in certain states, government officials have even released prisoners. Occasionally, individuals let out of jail or prison possessed serious records. Moreover, there have been reports that a percentage of these convicted felons have committed other acts of malfeasance upon their release.

Decreased Community Presence

Social distancing mandates have forced numerous law enforcement agencies to scale back their community presence. Community and police leaders throughout the nation have expressed reservations about this action. These individuals subscribe to the safety in numbers and community-based presence theories and opine that a decline in police presence could serve as an invitation for some individuals to engage in an increased amount of criminal activity.

Altered And Limited Training Programs

Another major COVID spread prevention effort has been the shut-down of practically every business or industry. Many states have begun the reopening process. However, the educational sector is reluctant to move with the expediency that other notable professions have. The continued lockdowns of schools and other educational institutions has a profound impact upon the law enforcement community. These closures have included many police training academies, in addition to colleges and universities offering criminal justice degrees. Some of these entities have offered courses online. However, certain police training methods are difficult to provide instruction for through such methods. Law enforcement officials fear an ongoing closure of educational establishments could ultimately result in fewer individuals pursuing careers as police officers.

Reliance On Personal Protective Equipment

Health officials warn that being out amongst people significantly increases one's risk of contracting this potentially deadly pathogen. Therefore, as a means of protection, those who must venture out are firmly cautioned to don personal protective equipment, such as face masks and gloves. Though necessary, outfitting law enforcement officials with these items may still place a financial strain on many departments.

Reduced Civilian Workforce

Those not familiar with the inner workings of law enforcement agencies might not realize that said establishments often employ a discernible percentage of civilians to carry out needed tasks. Social distancing and shelter at home policies have limited the number of such individuals permitted to perform their jobs at agency headquarters. Ergo, they must execute these duties online if applicable, or uniform staff is forced to handle these responsibilities. When uniform staff must expend time completing non law enforcement-related issues, said personnel are spending less time fighting crime.

A Greater Emphasis on Community Involvement

One possible positive to emerge from these circumstances is a greater degree of cooperation between police agencies and the communities within which said entities serve. A diminished community presence of law enforcement officials will force agency authorities to rely on concerned community members to help identify and snuff out criminal activity. The relationships between police and certain communities has not always been stellar. However, if the two groups are forced to work together, observers are hopeful such newly forged partnerships will eventually result in safer and better communities for all concerned parties.

Contacting Mr. Dodell

Individuals charged with any type of offense are encouraged to contact criminal lawyer Robert A. Dodell. Mr. Dodell is a former prosecutor possessing more than 30 years of experience dealing with a host of criminal cases. More information about his firm can be found by visiting https://www.azcrimlaw.com/.

How COVID-19 Has Changed Law Enforcement? is republished from AZ Crim Law – Robert Dodell Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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Sunday, October 25, 2020

Violent Crimes Have Serious Legal Consequences

Being arrested for a crime can be a frightening and harrowing experience. If you have done nothing wrong, you may be bewildered by the event. The truth is that innocent people are taken into custody all the time. And, if this has happened to you, falling into a helpless malaise or protesting with anger and indignation will do nothing. You must take the accusations seriously. You must fight to preserve your rights and gain your freedom. You can begin by hiring a criminal attorney.

The Consequences of a Conviction

Crimes connected with violence have the most serious consequences. If you are convicted of murder, manslaughter or an aggravated assault you can face serious time in prison. If you are convicted of assault, including domestic violence, you face fines, incarceration, probation, and even the possibility of a civil suit. In some instances, the consequences of a civil suit for assault can be even more burdensome than the criminal conviction. That is why you must clear your name in the criminal proceeding. It will make it harder for your accuser to pursue successful civil litigation. If you are convicted of a domestic violence offense, you may be ordered to undergo counselling. You may be prohibited from speaking with or seeing your child for several months, or lose custody of them. You can also lose your right to purchase and keep a firearm. Your career will also be impacted by an assault conviction. Even an arrest for assault can lead to your dismissal from work. And, if you are convicted, you may find it hard to get another job, as the conviction will show up in any background check.

Defending Yourself

You should say nothing to the police after your arrest. You have a Fifth Amendment right not to turn in evidence against yourself and you should exercise it. You should instead call a criminal lawyer and let them do the talking for you. If the lawyer believes it is your best interest to cooperate with the police investigation, you should do so only under the guidance and with the consultation of your lawyer. The first thing your attorney will do is review the evidence the police have against you.  Based upon your attorney’s independent investigation, the attorney will recommend a course of action, including the option of a trial. The job of a criminal defense attorney whether during plea negotiations or a trial is to find gaps and inconsistencies in the prosecution’s case. Your attorney will gather the evidence, expert testimony, and witness statements necessary to raise reasonable doubt. If you are guilty of committing a violent crime and the state can prove it, your attorney can work with the prosecutor to reduce the severity of your punishment, whether or not you are not a first-time offender.  If the evidence is thin or if your lawyer finds your legal rights have been violated, your lawyer may be able to get the case thrown out. Protect your rights.  Get the best defense you can.  Contact Robert A. Dodell, Attorney at Law, for a free consultation.

Violent Crimes Have Serious Legal Consequences See more on: get in touch with us Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

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Thursday, September 24, 2020

Difference Between Domestic Violence and Abuse?

Domestic violence and domestic abuse are two common terms that are typically used to describe various unlawful acts in a court of law. There is a thin line between the term domestic violence and domestic abuse. Different statutes may have a slightly varying definition of domestic violence and abuse, but most of the definitions have similar descriptions. The US Department of Justice defines domestic violence as crimes of violence and felonies done by a current or former partner, cohabiting partner, spouse, or intimate partner to the victim. However, some statues, including Arizona’s, also include children victims as part of domestic violence. Domestic violence does not discriminate. Anyone can be a victim of domestic violence regardless of gender, sex, age, race, or religion. Threatening or Intimidating Criminal Defense Domestic violence further includes attempts or intentionally causing the physical injury to a victim. It also incorporates the physical, psychological, and sexual harassment of a victim. If a partner also inflicts fear either by threats, battery, economic exploitation, this is also termed domestic violence. The broadness of the term abuse necessitates one to be specific on what type of abuse was involved. The term domestic abuse is slightly broader than domestic violence. Domestic abuse is not limited to two partners or spouses, but it further extends to other parties such as children, career mates, or non-related parties. Domestic abuse can include coercive control, economic abuse, digital abuse or bullying, and harassment. Other acts such as psychological abuse, physical and sexual abuse, are included as both domestic abuse and domestic violence.

Statistics of Domestic Violence and Abuse

In the US, domestic conflict is more common in women than men. The National Coalition Against Domestic Violence records that 1 in 4 women are victims of domestic violence. On the other hand, 1 in 9 men are victims of domestic violence. In matters concerning domestic abuse, the most common forms of abuse in the US are physical, sexual, and emotional. These three forms of abuse also commonly experienced acts in domestic violence cases. The term abuse is a general term. It is not necessarily limited to individuals, but it also includes other non-living aspects. Abuse of office is a good example that is not essentially limited to an individual. Abuse of office refers to the wrongful use of an official position in denying others their right or using the office for selfish gains. Another form of abuse is the abuse of a substance. Substance abuse typically refers to the illegal use of drugs. Domestic abuse is also a form of mistreatment that happens in domestic relationships. On the other hand, domestic violence is only limited to individuals who have some form of interaction, relation, or cohabitation. The victim involved in domestic violence is inflicted with mental, sexual, or physical pain.

Legal Representation

The legal services required for domestic violence cases are quite like those of domestic abuse. Domestic violence victims and offenders require a lawyer for domestic violence. Different lawyers are needed for each case since there are various forms of mistreatment. A litigant needed in a case of abuse of office is essentially different from sexual. For cases dealing with substance abuse, one may need an attorney that deals in that area. If you are arrested for driving under the influence of alcohol, the best attorney to represent you would be a DUI lawyer. A DUI lawyer is better experienced in dealing with driving under influence cases than a domestic violence lawyer. In a reputable law firm, it is critical that the attorney practices law in the field.. At Robert A. Dodell, Attorney at Law, litigation diversity is a key component of our legal strength. The firm is well equipped to offer focused services to the clients. The firm has a professional and experienced legal counsel who knows the law. Robert A. Dodell, Attorney at Law, is also popular for the aggressive legal defense offered at competitive rates. Quality, assurance, experience, and affordability is what drives Robert A. Dodell, Attorney at Law. The firm is also highly experienced in DUI representation. Robert A. Dodell, Attorney at Law is always ready to deliver any legal counsel that you need.

Difference Between Domestic Violence and Abuse? Read more on: Robert Dodell Attorney at Law Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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Saturday, September 19, 2020

Criminal Charges for not Wearing COVID Face Masks or Coverings

The laws and guidelines surrounding COVID-19 can be complicated. With so many states enacting different laws, it can be difficult to understand what’s happening in Arizona. Currently, some of the laws have changed.

What’s the Difference Between Guidelines and Laws?

There is little known about the COVID-19 virus. While its danger is obvious, the symptoms and overall impact vary from place to place. Health guidelines are frequently recommended for states or countries to stay as safe as possible, but this does not necessarily mean they are enforceable by law. Many communities have their own set of rules that must be followed. In Phoenix, Arizona, refusing to wear a face mask or covering can come with a fine. In Tucson, Arizona, face masks or coverings are also mandatory. According to governor, Doug Ducey, communities can create their own rules for how face masks or coverings should be used.

Face Mask vs. Face Covering

Face masks are not all created equal. There are a wide variety of masks and coverings to choose from. Facial masks can consist of N95 masks or N95 respirators as well as other masks that cover the nose and mouth. Masks are considered a higher level of protection than face coverings and are worn in a variety of spaces. Surgical masks, also known as procedure masks are generally made from thicker material. Face coverings can be created from different types of material. A face covering can be a scarf or other piece of fabric that is worn so that it covers both the nose and mouth, but usually it is still in the form of a mask. Cloth coverings are not classified under personal protective equipment and are not substitutes for respirators or medical masks. Simply put, a face covering is any well-secured cloth that covers both the mouth and nose.

Who Must Wear A Mask or Face Covering?

The requirements which surround mask-wearing can change depending on city and county. Most people over the age of 5 must wear some sort of face-covering or face mask when in public. This is especially true if social distancing is difficult or not possible. Customers or patrons who are attending businesses inside of a building are usually required to wear a mask or covering. This includes spaces such as pharmacies and grocery stores. For particularly crowded areas, a mask or covering may also be required. Children over the age of 5 are still required in many counties to wear a mask or face covering. Even parents of children under the age of 5 are asked to encourage small children to wear face masks or coverings even if it is not mandated. Enforcement actions are not likely to happen for those who cannot force a 5-year-old to wear a mask or covering, but it can still happen. To better understand your rights, legal help is advised.

What Happens If Someone Does Not Wear A COVID Face Mask or Covering in Arizona?

Depending on the city in Arizona, wearing a face mask or covering may be mandatory. If a mask or covering is not worn, it is advised that you call a criminal lawyer if legal action is taken. The Phoenix City Council voted to adopt a mandate that now requires the use of masks and coverings in public. Several other communities are also in favor of this mandate. The mandate is for indoor use as well as outdoor use of social distancing cannot be practiced. In Tucson, Arizona, face masks or coverings are mandatory in public settings. This emergency proclamation was signed by Mayor Regina Romero. According to this law, every person in the city of Tucson that is above age 5, must cover their nose and mouth with a face covering. This law is designed for when people are in public settings and where physical distancing is difficult. Maricopa county officials passed an order that mandates that use of masks or coverings when in a public place. This law is currently in effect. Other face covering laws extend throughout Arizona depending on the precise community.

Penalties and Consequences

Local police throughout a variety of Arizona communities are responding to complaints about those who are not wearing masks or coverings in the state. While it is recommended that people call the non-emergency line when getting in touch with law enforcement, this is still an actual crime. Depending on the location, a fine can cost between $50 and $250. For businesses who do not have their employees wear face coverings, owners can face criminal charges. Businesses must provide employees with masks as well as require their use.

Legal Avenues

For many communities in Arizona, not wearing a face covering or mask can have legal consequences. With competing legal plans, which may enforce or eliminate possible civil or criminal penalties, it is often difficult for people to know what the legal ramifications of not wearing a mask or covering are. Since many mandates vary from county to county in Arizona, finding accurate and up-to-date legal representation is crucial. A criminal defense attorney can help.

The post Criminal Charges for not Wearing COVID Face Masks or Coverings Find more on: (Robert . Dodell Law Offices Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

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Wednesday, August 26, 2020

Eliminating Your DUI Record in Arizona

Many people who are convicted for driving under the influence want to know exactly when their record may be eligible for setting aside the conviction after all conditions of punishment are satisfied. The set aside is Arizona’s version of an expungement. A criminal history in general can be a real ongoing problem for those convicted, and especially when the charge is for impaired driving. This can be a factor in obtaining employment and even eligibility for government services or housing when there is a drug charge connected to the DUI record. Receiving a DUI citation is a watershed moment in the life of many and expunging the record can be of great importance for those turning over a new leaf in life. Luckily in Arizona, there is a path to cleaning up the record of your conviction after filing a petition to set aside. dui law and eliminating a dui off your record

Preparatory Steps

The first element of requesting a set aside in Arizona is assembling all records associated with the case and proving all penalties have been satisfied as ordered by the court. This includes any probationary period that was ordered following the charge or parole in the event of significant jail time. The seriousness of the charge can have an impact on a judicial decision. The court is not required by law to approve setting the record aside, which is what happens in Arizona. Many states seal the record from public view, but Arizona actually dismisses the case after the convicted defendant presents an organized request for dismissal based on their personal rehabilitation. It is vital to be prepared if you want to make a successful set aside request. For your DUI Arizona set aside, you will typically need records proving:
  • Paid fees and fines
  • Completed probation or parole periods
  • Jail sentence completion
  • Completing mandatory alcohol and / or drug education classes
  • Completing interlock ignition device order periods

Supporting Testimony

Another component of a set aside in Arizona is the allowance of personal testimony from people within the local community supporting the claim of rehabilitation. This can include anyone from police officers to clergymen or city council members, or practically any other member of the community who can attest to a new direction in life for the petitioner. The purpose of the set aside in Arizona is based on the concept of a fresh start, but the court maintains that a fresh start must be earned beyond completing the required conditions of punishment. Having an experienced Arizona set aside attorney preparing your request means you have a legal professional representing the case who understands what the court will accept as proof of rehabilitation.

Importance of a Waiting Period

There is no statutory waiting period for set aside eligibility in Arizona, unlike many other states. Sealing a record is generally routine in some states, as each conviction is assessed individually. Subsequent personal criminal activity does not necessarily affect the sealing of some records in other states. This is not the situation in Arizona. However, a reasonable amount should pass from the completion of the sentence to show you have been rehabilitated.. Any run-ins with law enforcement from the date of offense till the filing of the set aside, can have a major negative impact for those striving for a DUI set aside. A successful set aside for an adult will “release” the individual for “all penalties and disabilities resulting from the conviction.” While it is not absolutely necessary to have an Arizona DUI lawyer preparing and representing a set aside, it is by far the most effective method for a successful petition. There are specific details that must be provided when the request is filed, and the court is not obligated to even grant a hearing when certain legalities prohibit the ruling. The attorney you choose can be the ultimate difference between an approved setting aside of the record and a court denial. Anyone who is seeking an Arizona DUI conviction to be set aside should contact the law office of Robert A. Dodell, Attorney at Law, in Scottsdale for more information.

The article Eliminating Your DUI Record in Arizona Find more on: AZ Crim Law – Robert Dodell Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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