Saturday, January 26, 2019

Can You Be Charged with a DUI on a Bicycle? You can in Scottsdale.

The number of DUI cases in Arizona has grown over the years. This led to the implementation of stricter driving laws. The sheer number of existing laws has started to cause some confusion, to be specific, on their application. Bicycle laws are no exception. Many of these laws have evolved, which resulted to varying interpretations.

Arizona Road Rules

According to Arizona State laws, the existing provisions that apply to motor vehicles on the roadways are also applicable to bicycle riders. While this is quite clear, there is a particular law that confuses many bicyclists. The Nat’l. Highway Traffic Safety Administration says that around 25% of all bicycle-related deaths involve intoxicated riders. Now, the question is: Is it possible to be charged with a DUI offense on a bicycle in Arizona? Is there such a law?  

DUI in Arizona

The Arizona State Legislature considers it illegal to drive or physically control a vehicle while under one or more of these conditions:
  • Driving under the influence of an intoxicating drug, liquor, or vapor that contains a toxic substance, or a combination thereof if it impairs the person even to the slightest degree.
  • Having alcohol concentration in the blood of at least 0.08 within 2 hours of driving or physically controlling a vehicle, where the alcohol concentration is due to alcohol ingested while or before driving or physically controlling the vehicle.
  • Possession of any type of drug or its derivatives in the person’s body as defined in section 13-3401.

Definition of Vehicle and Bicycle in Arizona

According to Arizona state laws, a vehicle is any device that is used to draw or transport a person or property on a public highway. The definition excludes devices that are moved or controlled by human power. On the other hand, the law defines a bicycle as a device moved by human power. The official definition is specific in mentioning that the person must actually have physical control of a vehicle. Thus, charging a bicycle rider of a DUI may not be lawful. Most experts argue that DUI cases apply only to motor vehicles. But, in the state of Arizona, there is no statewide law is in place that applies particularly to riding a bicycle under the influence.  

Safety in Riding a Bicycle or Vehicle

It has been clearly established that a person riding a bicycle cannot be charged with driving under the influence under state law. Recently, the City of Scottsdale amended there city ordinance to address the issue or bicycles and scooters.  The ordinance prohibits drivers from riding a electric bike or scooters while under the influence of alcohol or recklessly, although it is legal to ride a non-motorized bike while under the influence of alcohol, so long as it is being ridden in a safe manner. But, there are various other violations that a bicyclist can be charged with. These include disorderly conduct, as well as public intoxication, which is applicable in some Arizona cities. Having said that, whenever you drink over the legal limit, avoid riding a bicycle or driving a car. Instead, use public transportation or have a sober driver take you to your destination. This way, you will lower your legal risk and keep yourself safe on the road at the same time.  

Arizona DUI Convictions

In the unfortunate chance that you are facing a DUI charge, having an experienced Arizona attorney like Robert A. Dodell, Attorney at Law, by your side will help you put up the best possible defense. In case you are found guilty, your lawyer can help minimize your jail time and other penalties. Attorney Dodell has been defending DUI cases in Arizona for many years now. With his vast experience, you can expect him to ably handle your case. He will be with you throughout the entire legal process. He will keep you abreast on the progress, and address all questions and concerns you may have. Working with Atty. Robert A. Dodell means you will be with an experienced lawyer who knows exactly how the Arizona legal system works. He will come up with the best possible defense for your DUI case.  

What You Should Do

Hire a competent and experienced DUI lawyer. This way, you can protect not only yourself, but the best interest of your family as well. Bear in mind that having a DUI conviction will permanently blot your record. For the next decade or so, it will remain as a prior offense. You can prevent that by scheduling an appointment with Robert A. Dodell, Attorney at Law now.
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Robert Dodell Attorney at Law
10601 N Hayden Rd, #I-103
Scottsdale, AZ 85260
(480) 860-4321

Thursday, January 17, 2019

Why You Need Fair Defense for a Sex Offense?

A sex crime is a serious criminal case because of the consequences that may come after it. Aside from getting convicted and paying the penalties, you will be branded as a sex offender. Because of this, you will likely grow old and live out the rest of your life having a tainted reputation. A sex crime is like a tough stain to your identity that can ruin more things in your life.

What Offenses Can Lead to Sex Crime Charges?

There are many forms of allegations that can result in a sex crime conviction. A good criminal defense lawyer can help when you face any of these charges:
  • Sexual abuse
  • Rape
  • Forcible touching
  • Child pornography
  • Statutory rape
  • Prostitution
  • Lewd contact
  • Sexual assault
Some sex crimes also involve domestic violence against a wife, a family member, or a dating partner.  

Why Should You Hire a Criminal Defense Lawyer?

Getting involved in a sex crime can affect many aspects of your life. You are risking a lengthy prison term and some very strict terms of probation. The prison term will vary depending on the type of sex offense.  And even without a prison term, obtaining employment can be extremely difficult. Also, you may become disqualified for housing opportunities, hence, you need a strong defense.   Also, the case and the court’s decision should be fair to you. Also, you need a qualified legal representative to get protection for your rights. When someone accuses you of a sex crime, face it with an experienced criminal defense attorney who has been taking on sex crime cases for years. A criminal defense lawyer can help you protect yourself from the consequences of getting convicted due to a sex offense.  

How to Defend Yourself Against a Sex Crime Accusation

Because of the possible consequences of a sex crime allegation, there should be a qualified criminal defense lawyer on your side. Some of the defenses suitable for your sex crime case are:
  • False accusations: if you are not guilty, that will be a strong defense.
  • Illegally collected evidence: evidence can work against the alleged victim if it came from a bad source.
  • Tainted witnesses and interviews: these are invalid and useless evidence.
A thorough investigation can reveal if the presented evidence is clean or useless. It can also prove incorrect investigation techniques and exaggerated or false accusations. An experienced criminal defense law office like Robert A. Dodell, Attorney at Law, can save you from huge liabilities and shame.
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DUI Attorney Scottsdale - Criminal Lawyer - Serving Tempe & Mesa, AZ | Robert Dodell Law Offices
10601 N Hayden Rd, #I-103
Scottsdale, AZ 85260
(480) 860-4321

Wednesday, January 9, 2019

Can Legal Drug Use Lead to a DUI or DWI in Arizona?

The improper or overuse of illegal drugs or alcohol triggers a lot of DUI and DWI cases. But, there are also cases where using legal drugs can cause impaired driving, and an arrest. In Arizona, medical marijuana and over-the-counter medications are legal. But, they can sometimes lead to unsafe driving. For one, they can cause blurred vision, sleepiness, slow movements, dizziness, fainting, jitters, and difficulty in focusing. According to a 2010 survey conducted by the Substance Abuse & Mental Health Science Administration, around 10 million Americans had driven under the influence of a type of drug or medication. Based on a separate study done by the NHTSA the previous year, 20% of the victims of car crashes were positive for a type of drug or medication, excluding alcohol. The CDC also reported that around 18% of deaths from motor vehicle accidents were drug-related.

Driving and Over-the-Counter / Prescription Drugs

A few years ago, the NHTSA reported that incidences of driving under the influence have dropped in recent years. However, around 16% of night-time drivers had some type of potentially impairing medication or drug in their blood. The drugs mentioned in the report included over-the-counter (OTC) and prescription medications like sedatives, stimulants, antidepressants, and narcotic analgesics, and not only illegal drugs. The law requires prescription and OTC drugs to bear printed warnings about their possible side effects. These include driving risks. The problem is, a lot of people either don’t bother to read the warnings or they don’t think these warnings are for them. Bear in mind that a lot of OTC drugs, like those intended to relieve cold symptoms, contain different kinds of drugs in a single dosage. Thus, it would be wise to choose a medication that address only the symptoms you are experiencing. Ask the help of a pharmacist in case you do not understand the warnings. States have varying laws on the treatment of prescription drugs. 15 states mandate that OTC and prescription drugs must be deemed like alcohol in DUI cases. A few states like Arizona follow a zero-tolerance policy. A zero-tolerance DUI case in Arizona involves driving under the influence not only of alcohol and drugs, but of prescription drugs as well – if the substance impairs one’s ability to drive. It is best that you refrain from driving in case you have ingested a medication that can possibly impair your ability to drive. Request a sober driver to take you to your destination or use the public transport system or taxi to avoid a possible impaired driving charge.  

How Much of a Substance Can Cause Impairment?

Sadly, the amount of a particular substance in a person’s system that can cause impairment is not yet clear. There is not enough basis to compare the threshold to the standard 0.08% limit applied for BAC (blood alcohol content) levels. The good news is, the issue is currently receiving the proper attention it deserves. The NHTSA is alarmed about the impact of impaired driving caused not only by alcohol and drugs, but by OTC and prescription medication as well. Determining the medications and dosage levels that can impair driving ability requires a lot of time and effort. That is why the NHTSA convened a panel of experts to start work in identifying the proper methods to assess impairment. For the meantime, a combination of factual information about the driver’s behavior, including performing reckless maneuvers, weaving, ignoring street signs, and showing slow reflexes in reacting to road hazards are used as basis for DUI charges.  

Final Word

Bear in mind that a medical prescription is not a legal permit that will protect you from legal liability. As always, you are responsible to make sure that you are perfectly fit to drive before getting behind the wheel. Never drink alcohol or mix it with any medication. If you are having doubts about your ability to drive, the best thing to do is not to drive. It can save your life, and the lives of other people as well. You don’t want to hurt anybody due to your driving. Remember that your driving can be impaired not only by illegal drugs and alcohol, but also by anything you keep inside your medicine cabinet.
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Robert Dodell Law Offices
10601 N Hayden Rd, #I-103
Scottsdale, AZ 85260
(480) 860-4321

Wednesday, January 2, 2019

How Many Drinks Can I Have at My Holiday Party to Avoid Drunk Driving?

If you drink any alcohol, you should be aware of the laws about driving under the influence of alcohol. Driving after drinking an alcoholic drink is dangerous. Remember, alcohol can quickly slow you down. It affects your body’s ability to respond, especially to emergencies.

What’s the Permitted Alcohol Limit in the US?

Most states says it is illegal to drive an automobile if you drive while having a blood alcohol concentration or BAC of 0.08 g/dL of blood or higher. This BAC can already impair your ability to drive that leads to an accident.  Arizona generally used the 0.08 statue. But Arizona also has a law that one may not drive if that alcohol impairs the ability to drive in the “slightest degree”. The “slightest degree” statue is not pegged for any specific blood alcohol level. At least one state has lowered tightened this rule for DUI cases. The state government of Utah changed the state’s standard BAC limit to 0.05 g/dL. The number of drinks you can have to stay under this BAC limit depends on several factors, such as:
  • Your age, weight, sex, and metabolism
  • Your meals for that day
  • The kind of alcoholic beverage you drink
  • The amount you drunk
  • Your stress levels
Note: I will not recommend that anyone drive after drinking any alcohol. It is best to be safe.

Why Should You Never Drink Alcohol When Going to Parties to Avoid DUI?

Even a few shot glasses of alcohol can already affect your ability to drive. CDC or Centers for Disease Control and Prevention revealed that even 0.02% BAC can impair your alertness and judgment. Thus, it is best to avoid drinking any alcoholic beverage throughout the party. If you disregard this warning, expect that you will experience these negative effects of drinking alcohol: For 0.02% BAC:
  • Poor ability to see clearly any moving object
  • Impaired multitasking ability
For 0.05% BAC:
  • Weak ability to track a moving object
  • Difficulty in handling the steering wheel
  • Reduced body coordination
  • Decreased or slow ability to respond to emergencies
For 0.08% BAC:
  • Impaired mental capability to process information
  • Impaired perception
  • Inability to control car’s speed
  • Inability to concentrate
  • Temporary memory loss
For 0.10% BAC:
  • Impaired ability to brake and keep the car in the correct lane.
For 0.15% BAC:
  • Impaired ability to process sounds and sights
  • Weak ability to control the car
Note: A standard alcoholic drink is roughly a 355ml can of beer, a half glass of wine, or a shot of spirit.

What are the Dangers of DUI?

Alcohol can make you feel sleepy and weak. Thus, you may end up doing something that can lead to dangerous consequences for yourself and other people. Driving under the Influence is a serious offense and one of the common crimes in the US. The authorities have started taking steps to decrease the number of drunk drivers on the street. But, the number of fatalities associated with DUI still increases year after year. Thus, the US government has decided to post heavier penalties to discourage people to drink if they still need to drive a car. If you get a DUI, consult an experienced law office.  Contact Robert A. Dodell, Attorney at Law, to know your rights and how you can defend yourself from the charges against you.
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Robert Dodell, Attorney at Law
10601 N Hayden Rd, #I-103
Scottsdale, AZ 85260
(480) 860-4321