DUI Lawyers in Phoenix News : Sheriff Joe Arpaio Denied - Again

Maricopa County Sheriff Joe Arpaio has lost yet another round in his near-endless quest to read the email of Superior Court judges.

This decision, from the Arizona Court of Appeals, appears to mark the third such rejection. Arpaio's request was initially rejected by Maricopa County Superior Court Judge Norman Davis, a decision Arpaio then appealed. The appellate court unanimously upheld Judge Davis' rejection in June.

This summer, Arpaio and Maricopa County Attorney Andrew Thomas apparently hired a high-priced Washington, D.C. firm to file a special action reiterating the claim once again, this time demanding that the court turn over very similar records as covered in the first request. (The only difference seems to be that in the first case, they were demanded by Arpaio's then-flack Paul Chagolla; this time, the request came from Arpaio's chief deputy, David Hendershott, and he was also seeking information about the "storage" of old records.)

Yet the appellate court struck down the claim just two days later -- without even holding a hearing.

Really, do you think they can just let this one go now and stop wasting our money? Records show that Arpaio filed his latest "petition for special action" on September 29. The petition was filed by Phoenix lawyer J. Arthur Eaves, but noted that Carter Phillips of the D.C.-based firm Sidley Austin had filed a pro hac vice motion to serve as Arpaio's lawyer, too. (Those motions are typically used when an out-of-town lawyer wants to work with a local attorney on an Arizona case.)

Phillips appears to be a heavy hitter. He's the managing partner at Sidley Austin -- and he was actually a law clerk to former U.S. Supreme Court Chief Justice Warren Burger. He's argued 56 cases in front of the Supreme Court.

They couldn't find anyone cheaper for a public records dispute?

Indeed, Phillips' time on the 40-page brief filed on Arpaio's behalf in this case couldn't have cheap. But Arpaio's use of a pricey out-of-state firm appears to be part of a trend for him and his BFF, Maricopa County Attorney Andrew Thomas.

Yesterday, a federal appeals court refused to reconsider Thomas' lawsuit against on the county's Spanish language DUI probation program -- even after Thomas brought in the white shoe D.C.-based firm Jones, Day to argue the case on his office's behalf.

And then, of course, there's those "celebrity prosecutors" from D.C., Victoria Toensing and Peter DiGenova, who Thomas has brought in to handle the case against Maricopa County Supervisor Don Stapley. Those guys, we know, are charging an arm and a leg: $475 an hour for in-court fees and $150 for "travel time."

But if the recent losses on the public records special action and the Spanish DUI program is any indication, Thomas and Arpaio would have been just as well off saving a few bucks and just using Lisa Aubuchon. Hey, at least she knows how to lose their crappy politically-driven cases on a county salary!

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DUI Fatal Crashes in Phoenix

Here's a DUI news in Phoenix. Well, this just means that Driving under the influence is really dangerous. Hope, from this experience people will learn their lesson.

Two men have been convicted in separate alcohol-involved crashes.

County Attorney Andrew Thomas announced Friday that Gabriel Burns, 23, was convicted on two counts of second-degree murder and two counts of aggravated assault for the May 2008 crash that killed a Phoenix couple and injured their two small children.

Phoenix police said Burns had a blood-alcohol level of 0.159 percent when he ran a red light at 96 mph and crashed into the victims' car on Mother's Day. Refugio Godinez-Barreto, 51, and Josephina Garcia-Godinez, 42, were killed in the crash.

The couple's children, ages 4 and 10 at the time, were treated at the hospital.
Sentencing for Burns is scheduled for Nov. 18.

Manuel Contreras-Galdean, 33, an illegal immigrant, pleaded guilty on Tuesday to one count of manslaughter and one count of aggravated assault for a November 2008 crash in Mesa, Ariz., that killed 16-year-old Kelly Tracy.

According to Mesa police, Contreras-Galdean failed to yield while making a left turn and crashed into the victims' car. Tracy died at the hospital. Her 17-year-old brother also suffered serious injuries.

Police said Contreras-Galdean admitted to drinking six beers before the crash. His blood-alcohol level was 0.192 percent.

"As these cases show, driving under the influence is dangerous and often carries deadly consequences," said Thomas. "Our office will request tough prison sentences to hold these drivers accountable."

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Costs of a DUI Charge

A DUI charge comes with some of the most damaging penalties of any crime where most offenders actually serve relatively little jail time. The serious penalties of dui are partly in effect as a means of highly discouraging this activity. For people actually aware of the true, all-inclusive cost of a DUI charge, the argument is more than convincing. For example, studies have revealed that for individuals arrested for driving under the influence, without causing an accident or injuring another, the costs associated with the dui criminal charge will tab-out at an average of well over $10,000. Considering that most DUI charges are misdemeanor arrests, which are entirely avoidable through the negligible expense of finding a cab or getting a ride, the cost of a DUI charge is really never worth it. Sadly, however, the Federal Bureau of Investigation notes that 1.37 million drivers were charged with DUI in the last year alone.

Initial Expenses after an Arrest

The first expenses associated with a DUI arrest begin with the car towing fees following being arrested. Drivers can expect, depending on the jurisdiction, to face towing and impound expenses ranging from a few hundred dollars all the way to over $1,000 dollars in some municipalities seeing a revenue raising opportunity. Additionally, DUI is a criminal charge that requires booking, holding, and incarceration until arraignment. Therefore, individuals may have to post bail before being released from police custody pending trial. The average cost of bail depends on the specific charge, as well as the location of the arrest. However, these costs generally run drivers between $500 dollars all the way up to $2,500 dollars or more.

Increased Insurance Costs

Outside of legal and logistical issues, people arrested for DUI now face greater scrutiny, and more financial punishment, from their insurance companies. Often, many insurance companies will simply drop drivers following a DUI arrest, regardless of conviction. It’s just not worth the risk to them. However, in the event a carrier does elect to keep you on their coverage list, the raised premiums, which will last at least three to five years, can end up costing drivers nearly $1,500 dollars annually. Then, there is the question of the impending legal issues, the actual criminal proceedings regarding a DUI case. DUI legal fees can run from $1,000 to $20,000 depending on the specifics of the case and if there is a trial. In many instances, hiring private investigators and expert witnesses to assess the case may actually end up costing more than the attorney’s fees themselves. The cost of an attorney is negligible in the grand scheme, and a knowledgeable attorney can be a vital ally throughout the entire process.

Post Trial Fines, Fees and other Expenses

Then, depending on the outcome of the case, convicted individuals will face court mandated fines for the arrest, which depending on the state of arrest, can amount to hundreds and potentially thousands of dollars. There are the litany of fees associated with reinstating a license and meeting probation terms, including costs of alcohol and substance abuse evaluation, as well as if deemed necessary, mandatory alcohol and drug treatment, which can cost the average person several thousand dollars. Then, there are the random fees imposed by the state and local government, which can add up to hundreds of dollars.

Other Costly Considerations

All of these quantifiable expenses don’t even take account of issues that people will undoubtedly face following a DUI arrest. For many individuals, the loss of driving privileges may cause them to outright lose their job, or be unable to commute to their employment. In other cases, a DUI arrest immediately causes the loss of a professional license. Then, there is the loss of time associated with coping with legal fallout as well. All in all, DUI is one of the costliest crimes around, and even worse, it is easily one of the most common crimes an individual is arrested for in the United States, as noted by the NHTSA, which states that one in one-hundred-forty licensed drivers will be arrested for DUI in a given year.

Source : True Cost of DUI Charges by William Sherman

Holiday DUI task force nets 780 arrests

A Labor Day task force targeting drunken drivers has netted 780 arrests so far.

The statewide task force began on Aug. 21 and ends Sept. 7.

Of those arrested, 266 people face extreme DUI charges, meaning they had a blood-alcohol content above .15, more than double the legal limit.

The 780 people arrested so far had an average BAC of .15.

Seventy-four people under the age of 21 were arrested for underage DUI.

The task force conducts saturation patrols, sobriety checkpoints and youth alcohol enforcement. They want Arizonans to follow the slogan: "Drive hammered, get nailed."

Source : azcentral.com

Consequences of Drunk Driving

There are millions of people who have been involved in motor vehicle accidents while heavily intoxicated and still haven't learned their lessons. The consequences of drunk driving can sometimes be fatal, yet a lot of people disregard the dangers pose by driving while under the influence of alcohol. In the US alone, more than 36 people lose their lives each day due to drunken driving incidents.

The consequences of drunk driving are infinite and not only are the lives of the drivers in danger but also the lives of the victims who are innocently dragged into the situation. Being in a drunken state mess up your ability to judge and react appropriately to traffic lights, other motorists and pedestrians. Many associations have cropped up over the years to rid the streets of drunk drivers. Most members of these different associations have experienced first-hand what it was like to be a victim of incidents caused by drunk drivers.

If an adult is arrested for DUI, he is taken to a county jail where his fingerprints and photos will be taken by jail officers. If the driver gets convicted, he could face a jail time of up to 6 months, given that it is his first offense. When a person goes to jail, he would be unable to go to work and will face a possible termination. Information like a DUI arrest is available publicly and future employers will be able to know about it when they do routine background check. This could impede future employment and you'll be forced to start from scratch all over again.

One of the many consequences of drunk driving is the revocation of the offender's license. In many countries, the blood alcohol content of a driver is tested through a breathalyzer. There is a minimum amount of alcohol allowed and if it is proven that you have exceeded this amount, you will be arrested and your license will be taken from you. Driving privileges will then be put on hold. Depending on the times that you have violated driving laws, you could regain your license back after serving hours of community service or it can be revoked permanently if the law demands.

The most damaging and irreparable effect of drunk driving is death, either that of the driver or the victim. Statistics reports that out of ten Americans, three will be caught up in alcohol-related accidents at some point in their lives. If drunk driving doesn't end up in death, physical disability or severe injury awaits the driver or the victim. The worst part is they could end up maimed or disabled for the rest of their lives.

To minimize drunk driving episodes, some states in the United States operates DUI checkpoints. These checkpoints send out a loud message to the driving public. Officers at the checkpoints work to teach and make the drivers aware of the consequences of drunk driving. Some of these checkpoints are transportable, only staying at a particular spot for a few hours before moving on to another possible hot spot.

To avoid alcohol-related road accidents, always practice safety. Don't drink when you know you will be driving. In the same way, do not drive when you have drunk more than the allowable limit. Always think about the value of your life and the life of those who might get in your way.

Source : Consequences of Drunk Driving

It is Not Worth It to Drink and Drive

Here are the reason why it is not worth it to drink and drive. This article was written by Joseph Devine.

Simply put, drunk driving is illegal, and drunk drivers who are charged with a DUI under the age of 21 face a number of penalties in the United States. Though a DUI under 21 rarely results in a prison sentence, there are still serious consequences that you will have to face if you are arrested for driving drunk.

Potential Consequences

Ultimately, the temporary thrill you may have from illegally getting drunk with your friends and then illegally driving drunk is just not worth the risk. Before you get behind the wheel while drunk or accept your friend's invitation into a car while they are drunk, consider the many consequences you may face:

* Risk of injury or death. This is probably the most rehashed point made against drunk driving, and with good reason. Drunk driving is not worth risking your life, your friends' lives, or someone else's.
* Dealing with the court system. Getting a DUI means that you will ultimately have to face your day in court. There is a lot of stress, time, and money involved in preparing for court, and when you are already bogged down by school or work, you don't need this additional stress.
* Having a criminal record. A DUI isn't like getting a parking ticket. It's not something that you can pay for and have it disappear. A DUI charge goes on your criminal record and can hurt your chances of getting a job, applying to schools, or getting a loan, even years later.
* Costs of sealing a record. If you decide to hire a lawyer to get your criminal record sealed so that your DUI doesn't hurt your future, you will be facing a number of legal fees and another round of dealing with the court.

What to Do If You've Been Drinking

You can save a lot of time, money, pain, and stress by thinking before you act. If you are under 21 and have been drinking, don't get in the car. Most states have a zero tolerance policy and will arrest you for any detectable alcohol consumption, and police officers are trained to spot drunk drivers. Instead of driving, call a friend or family member to pick you up. Even if the only people you can reach are your parents, you are better off dealing with punishment at home than with a court of law.

When to Contact a Lawyer

Being charged with a DUI under 21 is a serious offense. If you or someone you know has been charged with a DUI under 21, contact a DUI defense lawyer immediately. A good lawyer with expertise in DUI defense can provide solid legal advice and help you prepare for your defense in court.

Source : Drunk Driving : It is not Worth It.

220 Arrested by DUI TaskForce in Phoenix

PHOENIX July 5, 2009 -- A statewide DUI task force has netted 220 suspected drunk drivers so far over the holiday weekend.The Governor's Office of Highway Traffic Safety said 325 officers and deputies participated in the statewide task force.At least 70 drivers were arrested for extreme DUI, 29 for aggravated driving under the influence and 191 for misdemeanor DUI.At least 19 underage drivers were arrested for DUI.

Since Thursday, various police agencies have made 2,713 traffic stops.Law enforcement officers will be conducting saturation patrols, sobriety checkpoints and youth alcohol enforcement statewide through the weekend.

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