What is Considered a Criminal Damage Charge in Arizona

Being arrested and charged with defacing and damaging the property of another is serious, and you should respond to the situation with decisiveness. Under Arizona law, criminal damage is defined as a crime against property. It is often charged in conjunction with crimes related to theft and the commission of similar offenses. If convicted, you can be imprisoned and forced to pay fines and the cost of repairs.

If you have been arrested for this crime, you should contact an Arizona lawyer. The officers who take you into custody may try to coax a confession out of you or tell you that they already know everything you’ve done. Even if you think it might be in your best interest to cooperate, you can do this safely with a lawyer present.

You can exercise your Fifth Amendment right to remain silent until your lawyer arrives and then discuss the situation with them. Even if you are being squeezed to give someone else up or you know you had nothing to do with the crime, it’s best to have a professional to talk to who deals with these kinds of situations all the time. They will not be flustered by police interrogation and will not allow you to inadvertently incriminate yourself.

What Constitutes Criminal Damage

According to Arizona law, criminal damage consists of:

-Recklessly defacing or damaging property
-Recklessly tampering with the property of another person in a way that degrades its function or value
-Drawing a message, slogan, or symbol on any public or private building without the permission of the owner

The Possible Penalties for Criminal Damage

Penalties for criminal damage depend on the value of the property. They are as follows:

-For property worth less than $250, you can spend up to four months in jail
-For property worth between $250 to $1,000, you can spend up to six months in jail
-For property worth between $1,000 to $2,000, you can spend up to a year in jail or prison
-For property worth between $2,000 to $10,000, you can spend 18 months in jail or prison
-Property damage over $10,000 can put you in prison for 2.5 years

You will also have to pay for the cost of the materials and labor that will be required to repair the damaged property.

Defending Yourself

Being charged with a crime is not the same as being convicted of a crime. When you are arrested, the authorities may make you feel as though there is an equivalence between the two. But if you did not commit this offense, then you should fight the charge.

The first thing your criminal defense lawyer will do is ask the police to present the evidence they have against you. If the only thing they have is the mention of your name in connection with such a crime or the description of a man vaguely resembling your age or race, then your criminal attorney can get to work to have you released. If they have solid proof that you were at the scene of the crime, they may be able to hold you but your attorney will be with you through the arraignment and bail process to lend their expertise and try to move things along.

Even if there is circumstantial evidence that you were at the crime scene, prosecutors still have all their work ahead of them to prove that you are guilty of criminal damage. Your attorney will be able to discern the gaps and holes in their case and use them to raise reasonable doubt.

If you have been charged with criminal damage, you should call the Law Offices of Gary L Rohlwing. He can help you through this difficult time.

What is Considered a Criminal Damage Charge in Arizona is republished from http://www.criminal-duiattorney.com/blog/



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2

from https://www.criminal-duiattorney.com/criminal-defense/damage/what-is-it-and-penalties/

What Are Dangerous Criminal Offenses in Arizona?

Dangerous criminal offenses in Arizona entail crimes with a violent act as an objective. Each of these offenses is punishable by varying jail times, depending on their details. If you are charged with a dangerous offense, you face mandatory prison time and need skilled lawyers to negotiate the possible charges.

The following are five dangerous criminal offenses in Arizona.

1. Murder

– First-degree murder
First-degree murder is the most serious offense in Arizona. The crime can be committed in two ways:

a. If the defendant plans and deliberately causes the victims death
b. When the defendant causes death during the commission of other dangerous felonies. In this case, it doesn’t matter whether or not the accused intended to cause death.

– Second-degree murder
Knowing that one’s actions will potentially cause death by creating a dangerous risk can result in second-degree murder.

Both first and second-degree murder are class 1 felony and are punishable by several years in prison when convicted.

2. Armed robbery

Armed robbery in Arizona entails an aggravated form of theft where the offender intentionally threatens another person with a deadly weapon. In Arizona, armed robbery is a very dangerous offense. A defendant of this charge should consider contacting a competent criminal attorney for representation.

3. Kidnapping

Arizona is the state with the highest kidnapping cases in the united states. Kidnapping here doesn’t only entail abducting someone and keeping them captive. A defendant commits kidnapping if they purposefully restrain a victim with intent to:

  • Hold them unwillingly for servitude
  • Inflict fear, physical injury, rape, or death to the victim
  • Hold the person as a shield or for ransom
  • Seize control of a moving vehicle, ship, or airplane

Kidnapping is a class 2 felony except when a captor voluntarily releases a victim, safely and without physical injury. A defendant will need a skilled Arizona lawyer to help negotiate their charges and possibly reduce their potential jail time.

4. Manslaughter

Manslaughter is committed when there was a significant risk of death, but the offender disregarded that threat, recklessly causing another’s death. For instance, a man killing his spouse after walking in on them cheating. Or recklessly causing an unborn child to die by physically harming the mother.

Manslaughter is a class 3 felony in Arizona.

5. Aggravated assault

In Arizona, aggravated assault is a dangerous offense that can comprise several elements, including possession of a deadly weapon. A person can be charged with aggravated assault if they:

  • Enter another’s space to cause physical injury
  • Use assault another person with a deadly weapon
  • Cause serious physical harm to another
  • If a person assaults a victim that is bound, or their capacity to resist is significantly impaired.

Aggravated assault is a class 3 felony in Arizona.

Conclusion
You undoubtedly face serious consequences when charged with a dangerous offense in Arizona. If you are in Arizona and in need of legal assistance, please contact Gary L. Rohlwing. He is experienced in the practice of criminal defense, has handled thousands of cases, is skilled, and will help negotiate your dangerous offense charges.

The following article What Are Dangerous Criminal Offenses in Arizona? Read more on: Glendale Arizona Law Offices of Gary Rohlwing



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2

from https://www.criminal-duiattorney.com/criminal-defense/felonies/what-are-dangerous-criminal-offenses-in-arizona/

Domestic Violence and Abuse Effect on the Relationship

One of the most difficult parts of the legal statutes of any state is understanding what is meant by domestic violence and domestic abuse. Both of these terms are used in the statutes of Arizona law and those of other states of the U.S.

Each of the terms refers to acts intended to harm an individual who is involved in a relationship with the perpetrator. Domestic issues can often escalate and impact a range of issues, including child custody and visitation rights.

A Threat to Health

When we think about the issues of domestic incidents, we must consider the problem of violence being committed against one person within a relationship.

Whether this is a spouse, former spouse, or a boyfriend or girlfriend, violence will lead to charges brought regarding domestic incidents. In the past, domestic incidents were often seen as a grey area in the law but, in the 21st-century, the majority of states, including Arizona, have included these laws in their statutes.

The Law Offices of Gary L. Rohlwing will be able to provide support and assistance for those who are involved in a domestic incident which leads to charges being brought against one or both partners in a relationship.

The passing of the Violence Against Women Act in 1994 by the Federal Government is often seen as a watershed moment in the battle against violence in domestic situations, but there is still work to be done to protect every person from domestic incidents.

Damage to Material Objects

Many states expanded their terminology regarding domestic incidents to allow the legal sector to discuss damage to material objects. This change has been important because the legal sector and social commentators are seeing the widespread issue of the expansion of violence to the property owned by a person in a relationship. This can include damage done to a vehicle, home, or belongings of one person in a relationship by the other.

One of the charges that may be seen is arson, where one partner in a relationship burns the property of the other out of anger or in order to maintain control of them. The expansion of the many laws around the U.S. regarding domestic violence can now include intent to cause harm and it includes child abuse in the laws of most states across the nation.

What is Classed as a Relationship?

When children face violence and are a part of charges brought because of a domestic incident, the person involved is usually a parent, stepparent, or guardian of the child. Alongside spouses and ex-spouses, a person is often classed as being in a relationship if they have an ongoing sexual relationship with the other person involved.

When domestic incidents take place, the stress and strain caused by these charges can be great and you may want or require a respected attorney to fight in your corner. Domestic incidents will often bring up the history of the couple and family involved, meaning unhappy memories can be brought to the surface for all involved. Gary L. Rohlwing is ready and able to fight to make sure your story is heard.

Domestic Violence and Abuse Effect on the Relationship was first published to Glendale Arizona Law Offices of Gary Rohlwing



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2

from https://www.criminal-duiattorney.com/criminal-defense/domestic-violence/impact-of-domestic-issues-health-damage-family/

Is Littering a Criminal Offense in Arizona?

Littering is causing a lot of environmental pollution. It’s almost impossible to find someone who has never littered at some point in their life and, although it doesn’t seem like a significant crime, littering is a serious offense. Whether deliberately or accidentally, you may have committed the crime of littering.

In most states, littering is a criminal offense punishable by law and Arizona is no exception. The consequences of this offense largely depend on the circumstances of the crime. Most people are still unaware of the severity of the outcomes, while others don’t even know it’s a crime.

Littering Charges

Littering Charges in Arizona

Charges for littering are mainly dependent on the circumstances. Littering is widely classified, and that means there are numerous instances where you may receive criminal littering charges. The criminal statute of Arizona covering polluting or criminal littering is under the code A.R.S. 13-1603. Here are some cases when littering can land you in a criminal court under the law of Arizona:

1. When a person throws, drops, places, or allows dropping on public or private property any waste, injurious and destructive litter, which a person does not remove instantly.

2. When a person releases or allows to be released any oil products, sewage, and harmful substances in water bodies or on beaches inside the state.

3. When a person throws any earth, stones, ores, or minerals on any land.

All these instances are where a person commits criminal littering or polluting without any lawful authority. The consequences of criminal littering consider the weight, the item, and the place on which it happened in Arizona. Criminal littering is punishable as:

1. A Class 1 misdemeanor if the person places injurious or destructive material on or at least 50 feet from a highway, shore, or coastline of any waters that the public uses. It is punishable by six months in jail, a fine of $2500, and extra charges.

2. A Class 1 misdemeanor if a person is knowingly in violation and the amount of litter or substances is less than 300 pounds but more than 100 pounds or fewer than 100 cubic feet but more than 35 cubic feet noncommercial purposes.

3. A Class 2 misdemeanor if the act of littering does not apply to any of the other instances. It is punishable by up to 4 months in jail, a $750 fine, and extra charges.

4. A Class 6 felony if a person knowingly violates the law and litter an amount exceeding 300 pounds or 100 cubic feet in volume or it is done for a commercial purpose.

The most frequent form of littering is throwing food products or cigarette butts on the ground. If you throw one from your vehicle on a highway or maybe a beach, it’s a Class 1 misdemeanor. Most of the time, you can be pulled over and handed a ticket if you are caught doing so.

But, many other situations call for felony classifications. The most severe case of littering is a class 1 felony. It applies mostly to companies and not the public.

If you’re a first-time offender, you’ll probably receive a fine and possible other minor punishments. A second-time offender or more repeat charges will face more severe consequences. These include higher fines, stiffer penalties, and having more criminal charges on your record.

It’s advisable to contact a lawyer and discuss your case. They can help you reach an ideal outcome and even help with limiting your charges.

Do you need help from a criminal attorney?

You should take charges of criminal littering seriously. The consequences of this crime are severe in order to curb the act of pollution and illegal dumping. You should, therefore, seek legal services as soon as possible. You may need a criminal lawyer to handle your case.

Gary L. Rohlwing Law Offices has more than 30 years of experience in criminal defense. The firm offers legal services that can help minimize the impact of your littering charges. You will get a chance to have the best representation at competitive prices. Furthermore, you will need an aggressive criminal attorney like Gary L. Rohlwing, who will help provide a clear understanding of your charges.

The following article Is Littering a Criminal Offense in Arizona? Read more on: https://criminal-duiattorney.com/blog



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2

from https://www.criminal-duiattorney.com/criminal-defense/misdemeanors/is-littering-a-criminal-offense-in-arizona/

Understanding the Types of Criminal Damage Offenses

There are various criminal charges one can face in the state of Arizona. The penalties for the charges often vary depending on the criminal offence. For instance, if a person is charged with criminal damage, this can mean that they are charged with damaging or defacing property that is not theirs, or it can mean that they “tampered” with a property that belongs to another person. It’s a broad charge.

criminal in court
It’s always important to understand what you are being charged with. Sometimes people are arrested and they don’t understand the charges they are facing. Understanding the various criminal charges that exist not only helps you avoid committing them but makes you more aware of your rights and what you are dealing with in case you are charged with the crime.

For instance, you might be surprised to know that you can be accused of criminal damage to property co-owned with your spouse.

But, with proper knowledge and an experienced criminal defense lawyer, it will be easier to fight against the allegations levelled against you.

Below are the 6 types of criminal damage:

1. Reckless damage to another person’s property

– This is a situation where a person intentionally or unintentionally damages the property of another person. If the person whose property has been damaged files a lawsuit, then the defendant is likely to be ordered by the court to pay for the damages caused.

2. Damaging property owned by a utility

– Although it doesn’t happen commonly, anyone found guilty of damaging property belonging to a utility can face criminal charges.

3. Tampering with property with the intention of impairing its value

– Tampering with property here doesn’t necessarily refer to physical or permanent damaging of property. It may also involve tampering of property in a manner that they can still be fixed or reversed – provided the value of the property has been affected in some way.

4. Reckless drawing or writing graffiti on another person’s building without their express permission.

– The owner of the building can hire a criminal attorney and launch a lawsuit to charge the person who commits such an offence. The judge will review the case based on facts presented and decide the amount of monetary compensation to award the plaintiff if they win.

5. Parking a vehicle or vehicles in a manner that deprives water to livestock

– This charge rarely occurs but can attract serious criminal charges to anyone found culpable.

6. Intentional tampering of property belonging to a utility

– This is another type of criminal damage that can attract serious penalties. As long as the criminal damage charge is proved, the person found guilty may be ordered by the court to either restore the damaged property or pay a certain amount of money.

These are the types of criminal damage which you can be charged within Arizona. Most people aren’t aware that these charges even exist when they are arrested. Though most people are vaguely aware that you shouldn’t mess with a property that isn’t theirs, they have no idea the potential backlash they might face if they do so.

If you are arrested, the best thing to do is to contact an Arizona lawyer from the Law Offices of Gary L Rohlwing who can help you fight the charges.

The post Understanding the Types of Criminal Damage Offenses is courtesy of http://www.criminal-duiattorney.com/blog/



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2

from https://www.criminal-duiattorney.com/criminal-defense/damage/understanding-the-types-of-offenses/

How Much Can an Arizona DUI Raise Your Insurance Rates?

Driving while under the influence of alcohol is a serious offence in Arizona.

You can definitely expect your car insurance rates to increase but the amount of the rate increase will depend on a few different factors. The average Arizona driver can expect a 131% increase in overall insurance costs.

This is far higher than the national average increase of 72% after a DUI. A DUI can actually raise car insurance rates more than any other driving violation.

You may need to shop around to find the best possible rate because your current insurer may impose a stricter penalty than some other companies.

Arizona has some of the strictest penalties for DUI offenders. The offense may stay on your record for up to five years after you are charged.

Most insurers won’t negotiate their policies because their actuaries help them define the specific rates.

If you’ve been convicted of a DUI, then the company assumes insuring you is riskier than insuring other drivers.

Arizona had 4,854 alcohol-related car accidents in 2017.

That number amounts to approximately one alcohol-related car crash for every 1,500 residents. Arizona residents are required by law to carry a minimum of liability insurance. These costs will drastically increase if you are found guilty of driving under the influence, and you may face additional civil lawsuits if you injure a person or damage property.

The average car insurance cost for an Arizona resident is around $1,300.

A DUI conviction could raise these costs to $3,000 or more per year. The premium is typically the amount that increases, so the amount you’re paying the insurance company each month will be significantly higher.

However, you may be able to do some things to reduce the increased rate a bit. If you previously had full coverage, then you may want to switch to minimum coverage for a while.

The impact of the DUI on your insurance rate will lessen over time and after five years it should no longer affect your rate at all.

If you are found guilty of driving while under the influence, then the state may require your insurer to fill out an SR-22 document. This document proves to the state of Arizona that your insurance meets the law’s minimum requirements. This will inevitably result in your insurer finding out about your DUI conviction.

If you’re being charged with a DUI, then you should definitely consult with a reputable DUI attorney.

Sometimes attorneys can find a procedural error that nullifies the arrest. This could ultimately get the charges dropped. If your current insurer finds out about the DUI, then your existing policy will be rewritten to include it in the premium cost.

A DUI may be charged as a misdemeanor or a felony in Arizona. The specific charge depends on the severity of the circumstances. If the plea deal you are offered isn’t acceptable, then you or your attorney may decide to go to trial.

A plea bargain will usually require an admission of guilt. This means that your insurance rates will definitely increase. This may still be preferable because you’ll able to avoid heftier fines, jail time, and/or a suspended license.

If a DUI lawyer wins your case, then you won’t have to worry about your insurance rates increasing. Winning a DUI case can be very difficult, and the penalties may be harsher if you end up going to court and losing.

The Law Offices of Gary L. Rohlwing has handled many DUI cases. Gary has personally handled over 3,500 cases. An attorney may potentially be able to prevent the state of Arizona from convicting you and increasing your insurance premiums.

How Much Can an Arizona DUI Raise Your Insurance Rates? Read more on: Law Offices of Gary Rohlwing



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2

from https://www.criminal-duiattorney.com/dui-defense/misdemeanor/how-much-can-an-arizona-dui-raise-your-insurance-rates/

Cities in Arizona Ranked by Violent Crime Rate

Violent crimes happen everywhere in the world. However, as with everything else, there are some places where they happen more often than usual. There are some cities in Arizona that, based on the numbers, are more prone to violent crimes.

criminal in court

Here are some cities in Arizona ranked by their violent crime rate

Kingman

While the crime rate in this small city has actually gone down from previous years, it’s still high in terms of percentage. In fact, according to statistics, a Kingman resident has a 23.5% chance of being a victim of violent crime.

Glendale

One of the biggest cities in the state, Glendale has more than its fair share of crimes. It is approximated that 1 out of every 200 citizens from Glendale may experience a form of violent crime. While this rate is lower than in previous years, it’s still a significant statistic.

Phoenix

The state capital comes in next in this list, which is quite an achievement, given that it has a population of around 2 million. It is estimated that 1 out of every 136 people can fall prey to a violent crime while in this city.

Show Low

One in every 85 persons in this city may become a victim of violent crime. An additional worry here is the fact that, compared to the previous year, the crime rate in Show Low has actually increased by about 35%.

Tempe

The violent crime rate in Tempe has increased, which more than justifies its climb up in most rankings of this kind. It is estimated that about one in every 206 residents becomes a victim of a violent crime.

Tucson

As the second-largest city in Arizona, it is actually a surprise that Tucson isn’t closer to the top of this list. Only 736 people out of every 100,000 have become a victim of violent crime, which is a decent number for this large of a city.

Winslow

While better known as an old-school town along route 66, it has a not-so-satisfactory reputation as being among the most dangerous cities in Arizona. There is a 1 out of 96 chance that you may be a victim of a violent crime here.

Page

One of the most scenic cities in the state, it has the unsavory reputation of being the state’s 3rd most dangerous city. There is 1 in 95 chance of being a victim of violent crime, although this rate has decreased over the years.

Tolleson

There used to be a time when this was the most dangerous city in terms of violent crime. Tolleson’s violent crime rate has lowered, but it still remains high at 835 violent crimes per 100,000 people.

Globe

This has become the worst city in Arizona in terms of the frequency of violent crime. There is a 1 in 50 chance that you may become a victim of violent crime if you live in Globe.

If you, for some reason, have become a victim of violent crime in Arizona, it may be helpful to know that someone is there to help you. Call us here at the Law Offices of Gary L. Rohlwing to learn more about how our legal services can help you out.

Cities in Arizona Ranked by Violent Crime Rate See more on: Gary L Rohlwing Lawyer



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2

from https://www.criminal-duiattorney.com/criminal-defense/misdemeanors/cities-in-arizona-ranked-by-violent-crime-rate/

Typical DUI Questions in Arizona

If you are facing a DUI charge in Arizona, a lot of legal questions may be running through your mind. These include whether or not you should hire a DUI lawyer. The answer to this is a resounding YES. You need the services of experienced and reputable lawyers like the Law Office of Gary L Rohlwing, given the complexities of the Arizona DUI laws.

Here are some of the common DUI case questions

Is a DUI a criminal crime in the State of Arizona?

Most DUIs in Arizona are considered misdemeanors. But, there are instances when a DUI is considered a felony such as Extreme DUI and Aggravated DUI.

In Extreme DUI, a person in physical control or driving a vehicle with at least 0.15 BAC (Blood Alcohol Concentration) may be charged. An Extreme DUI conviction carries much heavier penalties compared to a typical misdemeanor.

If convicted of a DUI charge, what other penalties can I face?

Once arrested for DUI, you could face a myriad of penalties. These may include suspension or revocation of your license, probation, steep fines, mandatory alcohol treatment programs, community service, prison time, restitution, and a lasting mark on your record. Your vehicle may also be impounded, and you may have to have an ignition interlock device installed in your vehicle.

Worse, a lot of people with DUI convictions experience social ostracism, damaged reputation, limited opportunities, loss of community, and strained relationships.

What’s an ignition interlock device?

The device serves a similar purpose to a breathalyzer. The difference is that the former is installed in your dashboard, and no officer administers the test. Before you can start your car, you need to breathe into the ignition interlock device.

If your BAC is over the legal limit, your car’s engine won’t start. While driving, the device will also require you to breathe into it occasionally. This is to make sure you haven’t been drinking as you drive. An alarm will go off if the device detects a high BAC. It won’t stop until the ignition is off.

When charged with an Arizona DUI, why do I need to hire a local lawyer?

There are many possible penalties that a DUI conviction in Arizona carries. Thus, handling your case may be tricky for a lawyer who is not well-versed in the Arizona DUI laws. If you are convicted of a DUI, you will have a permanent criminal record.

It’s therefore important that you do everything possible to get the best possible result for your case. This will only be possible if you get effective and reliable legal representation from a reputable lawyer with lots of experience defending Arizona DUI cases.

Gary L Rohlwing knows all the intricacies of the DUI laws in Arizona, and he will find ways to improve your chances for a favorable result. He will find flaws in the prosecution’s case, challenge evidence, assist you in challenging a license revocation or suspension, invite expert witnesses, and negotiate with the judge and prosecutors on your behalf for reduced penalties or charges. Everything the lawyer does can have a significant impact on your case.

Typical DUI Questions in Arizona is republished from https://criminal-duiattorney.com/blog



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2

from https://www.criminal-duiattorney.com/dui-defense/misdemeanor/typical-dui-questions-in-arizona/

What You Need to Know About Arizona’s Zero Tolerance DUI Laws

Arizona is a state that has some of the strictest laws in the country surrounding driving under the influence. Generally, it has what is known as zero tolerance laws pertaining to DUI offences. These can result in severe penalties and other serious consequences, even if it’s your first offence. It’s important to understand Arizona’s DUI laws.

The number of drinks that it takes to reach the legal intoxication limit can vary. However, a 160-pound woman can probably reach the legal intoxication limit after having only two drinks. A 220-pound man will probably reach the intoxication limit after three drinks. Because Arizona has a zero-tolerance policy, it’s a good idea for you to avoid driving if you have had any alcohol.

alcohol with Car Key

What is Meant by Zero-Tolerance?

In most of the United States, the legal limit for blood alcohol concentration is 0.08%. However, in Arizona, the zero-tolerance DUI laws mean that even if you are found to have a blood alcohol content (BAC) under that amount, you can still be arrested and charged with a DUI. In general, if a police officer pulls you over and requests that you take a breathalyzer test that reveals a reading of 0.08 or lower, you could still be arrested depending on the officer’s belief of whether or not you’re intoxicated.

How is Impairment Determined?

The term “impairment” is flexible as it can vary depending on each individual DUI case. Due to the zero-tolerance laws, Arizona is very strict regarding an offender’s level of impairment. A police officer can determine that a driver is impaired based on certain criteria. Usually, the main factor is their BAC, but there are other factors they consider like slurred speech, glassy eyes, erratic driving, and failing field sobriety tests. An officer may also make the determination that someone is impaired based on detecting the odor of alcohol on their breath. In any case, this DUI law certainly warrants getting a DUI lawyer on your side to defend you in court.

What are the Different Types of DUIs?

There are different types of DUI charges in Arizona. These are known as tiers and are determined based on the factors of your case. They include the following:

  • Standard DUI: A standard first-time offense carries a penalty of 10 days in jail and a maximum fine of $1,500. If convicted, you are required to pay jail and monitoring fees and undergo counseling. A conviction also results in a 90-day license suspension and the installation of an ignition interlock device on your vehicle for one year. For a second offense, you can see a 90-day jail sentence but receive at-home detention after six days. A fine of $3,500 is instituted and you are responsible for paying monitoring fees. The same requirements for a first offense apply regarding the driver’s license and IID.
  • Extreme DUI: An extreme DUI conviction is applied if the individual’s BAC is 0.15% or higher. Penalties include 30 days in jail with home detention after two days, a fine of $2,780, and monitoring fees as well as counseling and screening. Driver’s license suspension is 90 days and an IID is required on the vehicle. With a second offense, jail is elevated to 120 days and a fine of $3,740, in addition to monitoring fees. The individual’s license is suspended and they must have an IIG on their vehicle.
  • Super extreme DUI: If a person’s BAC is 0.20% or greater, it counts as a super extreme DUI and carries 45 days in jail, a $3,240 fine, and monitoring fees. Driver’s license suspension is 90 days and an IIG is installed on the vehicle for 18 months.
  • Aggravated DUI: The punishment for aggravated DUI can vary. You will typically have to spend more time in jail, pay higher fines and get your license revoked. Screening and counseling are also required.

If you have been arrested for a DUI offense in Arizona, you need immediate assistance from a skilled DUI lawyer. Contact the Law Offices of Gary L. Rohlwing to discuss your case with an attorney.

The blog post What You Need to Know About Arizona’s Zero Tolerance DUI Laws is courtesy of Gary L Rohlwing Lawyer



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2

from https://www.criminal-duiattorney.com/dui-defense/extreme/what-you-need-to-know-about-arizonas-zero-tolerance-laws/

Criminal Charges for Not Wearing COVID Face Masks

The current emergency status in the United States regarding the COVID-19 pandemic is assuredly putting a strain on U.S. constitutional protections. Some see it as though the entire work has been suppressed since the governors in certain states have begun using their new-found emergency declaration powers, essentially doing as they please under the potentially false concept that governments can protect the people from themselves.

The Constitution has effectively been reduced to a mere piece of paper, but it is still the supreme law of the land and a document that lawyers can use when defending their clients against minimal governmental demands such as not wearing a face mask by mandate of a state governor.

can you get fined for not wearing a face mask

Disorderly Conduct

The technical term for not following the current commands of government officials is disorderly conduct. And, just as with other charges leveled by government legal systems, it is still incumbent on the prosecutor to prove beyond a reasonable doubt that the claims of the officer or an accusatory witness are valid.

Even testimony may not provide that level of proof. An experienced and aggressive criminal lawyer can evaluate all evidence in the case and cross-exam any witness in an open hearing, including government agents such as health department officials who write citations.

Even though the charge is minimal, it still can generate an incident record. Disorderly conduct is a serious legal matter that can present future problems regardless of the seemingly low level of crime because it generates a criminal record.

Potential Remedies

The claims by government officials surrounding COVID and charges levelled against people based on subjective opinion are considered frivolous by many Americans, and especially regarding the forced wearing of face masks.

Ultimately, freedom should begin with the right to say ‘No’ to an onerous government. Judges and prosecutors understand this issue, but they are also in the fine collection business. When a case dismissal cannot be achieved, a criminal attorney can take the case to a full trial, pinpointing reasonable doubt and questioning the validity of the information being supplied by any witness or the court.

Summary dismissal or deferred judgments for later dismissal could also be a satisfactory case remedy when an agreement can be negotiated with the prosecutor.

Extenuating Circumstances

Another potential defense in citation cases for not wearing a mask in Arizona is the underlying medical condition of the defendant. While many people who are susceptible to catching the COVID virus may benefit from face mask compliance, it is a known fact that the mask can reduce oxygen levels for some people, which can be detrimental to their personal health.

Documented evidence of any applicable health condition can be used when building a defense that results in a medical exemption from the mask requirement that is being set in certain communities as opposed to requiring public mask wearing for all Arizona residents.

Never accept the notion that a disorderly conduct charge for not wearing a face mask cannot be defended in court. A dismissal can assuredly be the final outcome when an experienced and aggressive Arizona criminal attorney presents your case to the court. Always call the Law Offices of Gary L. Rohlwing for comprehensive representation.

The following post Criminal Charges for Not Wearing COVID Face Masks was originally seen on LawOfficesGaryRohlwing



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