Saturday, January 13, 2018

Is A Hit And Run Considered A Felony In Arizona?

Yes, a hit and run accident that causes death or serious physical injury is considered a felony. The charges might vary depending on the circumstances of the accident. However, a hit and run accident is considered a class 2 felony where there is death or serious physical injury. If the defendant fled the scene of the crime but didn't cause the accident in the first place, he/she will be charged with a class 3 felony. On the other hand, a class 5 felony is charged if the hit and run doesn't cause serious physical injury or death. Note that, if you're involved in any vehicular accident with property damage., after which you flee the scene, you can be charged with class 3 misdemeanor. In addition to the criminal penalties such as jail or prison time and fines, the driver's license can be suspended or revoked.  

What To Do Once You're Involved In A Vehicular Accident

First, provide your full name, address and registration to the responding police officer or to the other driver. If the other driver requests to see your driver's license, you're supposed to do so. If the other driver gets serious injuries from the accident that requires first aid, you need to administer it and call for assistance. As mentioned above, failure to do any of these duties can, and often does, result in criminal sanctions. If you don't stop immediately after an accident, you should return to the scene as soon as possible. After a hit and run accident, you need to find a good legal team for your case. That way, you can explore possible defenses that will reduce your charges considerably.  

Choosing A Good Legal Team

You need to find an experienced attorney to handle your hit and run case, if you're involved in one that causes serious harm or death to any third parties. Here are a few things to consider when looking for a good attorney to handle your case.
  • Exceptional Legal Education – Remember, simply because someone passed the bar exam doesn't mean that they have exceptional legal education. Therefore, look for a lawyer who attended an accredited law school among other certifications.
  • Experience – You need to choose an attorney who has enough experience handling hit and run cases in Arizona. Consider issues such as the number of years he/she has been practicing law, the number of cases handled during those years and the number of cases resulting in overall dismissal of charges, plea bargain to a less offence or a not guilty verdict.
  • Sufficient Resources – Find an attorney who can award sufficient time and resources to your cases. It's a known fact that most cases end up being lost because the attorneys are overworked or don't have enough time to investigate or defend your case accordingly.
  • Communication Skills – Finally, you need someone with exceptional communication skills to take you through the case accordingly. That way, you're aware of your standings, the charges and your verdict. The attorney should be available at all times.
  The basic rule of any vehicular accident is one must never flee the scene.  Serious consequences can be  avoided. Contact Robert A. Dodell, Attorney At Law today for a free initial consultation.

Is A Hit And Run Considered A Felony In Arizona? Find more on: AZ Crim Law – Robert Dodell Is A Hit And Run Considered A Felony In Arizona? first appeared on:

DUI Attorney - Criminal Lawyer | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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Thursday, January 4, 2018

Boating Accidents DUI Defense Lawyer: What You Should Know

Recreational boating has been a popular leisure activity in the U.S. for years. Whether with powerboats or sailboats, over 87 million people enjoy recreational boating and other water sports activities such as fishing and water skiing every year. Because of these leisure activities, boat Driving Under the Influence is a recurring problem.  

Boating DUI

Unlike our highways, waterways do not have marked lanes, road signs and street lamps. Our boats do not use the same braking mechanism as cars do. Aside from the big difference in operating environment, like any motorized vehicle, the three main contributing factors of boating accident are the operator’s error, machine failure, and excessive speed. These factors, when combined with DUI, can lead to even worse accidents. Arizona is now ranking fifth in boating accidents and seventh for the most number of injuries. The most common occurring accident is collision with other vessels and Influence of alcohol accounts for 1/3 of all recorded fatalities.  

Arizona’s Action

During the summer, expect Arizona local officials and other law enforcement agencies to set up DUI checkpoints to make sure of the safety on waterways. Local officials are peace officers with licenses having the same authority as the police to stop, investigate, and arrest criminal acts. This is their way of keeping the boaters vigilant of the law and to protect others from unsafe boaters.  

Arizona’s Boating DUI Laws- Overview

While it has similarities with DUI laws, Arizona has passed several revisions to the boating DUI bill. According to A.R.S. 5-395, it is illegal for anyone to use or be in control of a motorized vessel under any of these circumstances:
  1. The person is impaired to the slightest degree by the influence of alcohol, drug, or any substance.
  2. The person’s alcohol concentration is 0.08 or more within 2 hours of operating a motorized vessel whether the alcohol is consumed before or while in the vessel.
  3. The person is under the influence of any drug provided in section 12-3401 of the law.
  4. The person’s alcohol concentration is 0.04 or more while operating a commercial motorized vessel.
 

Arizona’s Charges and Penalties - Overview

If arrested, the penalties and charges suspects might face in Arizona vary depending on the degree of the offense. According to A.R.S. 5-395.01:

First Offense

  1. The person is charged guilty of class 1 misdemeanor.
  2. The person serves at least 10 consecutive days in jail.
  3. The person pays fines totaling to at least $ 1250.
  4. The person may be subjected to community service by the judge’s decision.
  5. The person needs to attend the alcohol and drug screening and complete the treatment program.
It is possible for 9 days of the jail sentence to be suspended with the proper court order provided that the person completes the alcohol and drug screening and the treatment program, so long as the offense did not recklessly endangered another person with a substantial risk of physical injury.  

Second Offense within 7 years

  1. The person is charged guilty of class 1 misdemeanor.
  2. The person serves at least 90 days in jail with 30 consecutive days out of these. Home Detention may be possible in lieu of some of the jail time.
  3. The person pays fines totaling to at least $ 3000.
  4. The person is subjected to 30 hours of community service.
It is possible for 30 days of jail sentence to be suspended with the proper court order provided that the person completes the alcohol and drug screening and the treatment program, so long as the offense did not recklessly endangered another person with a substantial risk of physical injury. Also see managing multiple offenses  

Boating DUI Defense

Boating DUI requires someone who has the expertise in defending this type of case. It is possible to drop all the charges right away given the right circumstances if the situation is dealt quickly. There are cases where suspects can appeal for an Illegal search that violates the Fourth Amendment. Declining Field sobriety tests is possible if the situation can clearly go against the suspects’ favor like performing in wet and unstable surfaces on the boat. An experienced lawyer can also help defendants when faced with outdated and not properly calibrated breath test devices. Lawyers can help the victims defend their rights relating to race, religion, gender, sexual preference or age when there is no reasonable suspicion present.   Consulting an experienced lawyer will help defendants deal with their case quickly and properly. The right lawyer can even make the charges and penalties lower or be dropped completely. Robert A. Dodell is an experienced criminal and DUI lawyer practicing law for over 30 years.  

Boating Accidents DUI Defense Lawyer: What You Should Know was originally published on http://azcrimlaw.com/blog/ Boating Accidents DUI Defense Lawyer: What You Should Know first appeared on:

DUI Attorney - Criminal Lawyer | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

https://goo.gl/maps/diwY4pu8X5m