Thursday, September 24, 2020

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 following post What You Need to Know About Arizona’s Zero Tolerance DUI Laws was originally published on www.criminal-duiattorney.com/



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/

Saturday, September 19, 2020

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.

Criminal Charges for Not Wearing COVID Face Masks 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/charges-for-not-wearing-covid-face-masks/

Tuesday, September 1, 2020

Can You Legally Avoid an Arizona DUI Checkpoint?

It may not be typical to see police officers on the road, flashing lights, and wearing reflective vests to do random DUI checks, but it does happen. In Arizona, a lot of people feel that DUI checkpoints are intimidating. They often feel that they have to prove their innocence when they go through a checkpoint, whether they’ve been drinking or not.

DUI Checkpoints

First of all, you have to keep in mind that DUI checkpoints are upheld under the federal constitution. Nevertheless, some drivers choose to avoid the lines, questions, and lights of these operations.

If you do not want to go through a checkpoint, see to it that you do not give the police officers any reason to pull you over. Refrain from making any erratic or illegal driving maneuvers to avoid the checkpoint. Otherwise, you will only draw attention to yourself.

Refrain from making any U-turn if you are not sure that it is safe and legal to do so. As much as possible, you should look for a side street that you can enter before you arrive at the checkpoint.

Once you arrive at the checkpoint, keep yourself cool and composed. Arizona’s DUI laws are tough, so you should keep calm to stay focused on the process.

To avoid panicking, you can research about the DUI checkpoint before you drive to your destination. Check out social media posts and read the news on checkpoints. Usually, there are more checkpoints during the weekends, holidays, and special events.

Don’t forget to prepare any documents you may need such as your auto insurance, registration, and driver’s license. Keep your documents inside your car at all times to avoid any hassle. Store them in a secure location that you can easily access, like the glove compartment.

Of course, you should also keep your vehicle clean and free from suspicious items such as alcoholic beverages, illegal drugs, and paraphernalia. If you need to use certain medications, see to it that you also have your prescriptions.

If you ever get stopped at a checkpoint, you can avoid incriminating yourself by not volunteering any information. Only answer questions that you are asked. You can also invoke your right to remain silent if you think that answering such questions could put you at risk.

In addition, take note that you have the right to refuse any field sobriety tests if the police officer does not have a probable cause or warrant. Nevertheless, you should always be respectful and polite, even if you decline to take a test.

Remember that no matter how annoying a DUI checkpoint is, it’s still necessary. It’s not there to inconvenience people but to help maintain safety and security in the area. Know your civil rights, but do not be argumentative and hostile.

If ever the worst happens and you are arrested for DUI, remember to find yourself legal assistance. You can contact the law offices of Gary L. Rohlwing since they offer DUI, criminal defense, and domestic violence representation in Arizona. You can refuse to answer any more questions until after you meet with an attorney.

Can You Legally Avoid an Arizona DUI Checkpoint? was originally published on 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/dui-defense/aggravated/can-you-legally-avoid-an-arizona-dui-checkpoint/

Tuesday, August 25, 2020

I Was Too Drunk. How Can I Be Charged with Sexual Assault?

For a sexual assault allegation to stick, it is not always necessary to establish intent – even if the alleged attacker was intoxicated at the time the supposed assault happened. Such crimes call for evidence, and the assault victim must come forward to make sure that the case moves forward.

Domestic Violence

State of The Accused and The Victim

The existence of evidence is important to convict an attacker in a criminal case. A case may have not much to support any side, depending on both the victim’s and the attacker’s state. If the person facing an assault charge couldn’t remember what happened because he was too drunk, he may not have much to defend any actions he took.

However, if it was the victim who was drunk or both parties were intoxicated enough that any action from either side is unsure or blurry, the case may have nothing to stand on.

The Victim’s Recollections

The alleged victim’s memory of the sexual assault may not be very clear. But, whatever the person recalls may be used to support the charges. Communication or discussion with the other person involved may help clarify what really happened.

This often leads to an investigation where both parties are made to reveal as much information about the incident as possible. If a drunk person committed sexual assault, then he may face charges for causing trauma and inflicting harm. At this point, the accused would need an attorney.

Evidence against the Attacker

Evidence in cases of sexual assault may involve actual events, as well as what average persons expect to happen in such situations. If the parties were in a romantic situation such as a date, sexual relations may be reasonably expected. But, if one party was unconscious and the other took advantage, it would constitute sexual assault – even if it can be reasonably assumed that the parties have done it before. Unfortunately, arguments containing only the side of the victim may be insufficient to convict the defendant.

Initial Sexual Assault Charges

Initially, police officers may not issue charges based on the victim’s first interview. The case may not progress into a hearing if the police think that there may have been consent before the victim fell unconscious. The victim may also have been too intoxicated to recall what happened. In many cases, the police officers may never bring the case forward or issue any charges. Without visible evidence or injury to support the charge, the victim may not have any recourse but to talk to a lawyer.

What Constitutes Consent

According to studies, a lot of people are not aware of what full consent involves. In the case of male defendants, they may be unable to read the actions of the female. If the defendant is a woman, she may have neglected the other party’s mood. The common reason for a charge of sexual assault is a lack of consent. But, the motive may not be present if the attacker was drunk.

Reasonable Situations

The prosecuting lawyer, jury, and judge may consider the situation presented as a reasonable place to expect the occurrence of sexual activities. However, there may be a clear case if there are injuries or additional evidence to support the sexual assault charge.

The Drunk Defendant’s Legal Defense

When facing a charge for sexual assault at a time when you were drunk, you will need an experienced lawyer to defend you. The Law Offices of Gary L. Rohlwing can help you when it comes to crafting an appropriate defense for your particular situation.

I Was Too Drunk. How Can I Be Charged with Sexual Assault? was originally seen 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/sex-crimes/i-was-too-drunk-how-can-i-be-charged-with-sexual-assault/

Tuesday, August 18, 2020

Everything You Need to Know About Domestic Abuse Offenses and Their Penalties

In Arizona, domestic abuse charges are taken very seriously and thus the penalties are very severe. Domestic violence is defined as nearly any criminal act of abuse committed by a household or family member against another.

Domestic abuse is not only physical but may be sexual or emotional in nature. Neglect and economic control are also considered abuse. Crimes associated with abuse include assault and battery (with or without a deadly weapon), kidnapping, disorderly conduct, and criminal trespass.

domestic violence legal help

Domestic violence is considered a misdemeanor. However, if the suspect is convicted of three offences over a seven-year period, the charge can be upgraded to aggravated domestic violence, which is a felony, even if the earlier offences were charged as misdemeanors. This carries with it more severe penalties.

Penalties for Domestic Violence

In Arizona, misdemeanors are classified as Class 1, 2, or 3 depending on the severity of the charges, with Class 1 being the most serious. Penalties range from a maximum of 30 days or up to six months in jail, as well as fines ranging from as much as $500 up to $2500.

If the charges are upgraded to a felony, the corresponding penalties are based on the underlying offence. However, certain circumstances may increase the penalties.

For instance, if the suspect commits an act of domestic violence against a pregnant victim that he knew was pregnant, two years is automatically added to any mandated jail time for the offence.

To illustrate, if a suspect is convicted of unlawful imprisonment against a stranger, he faces a maximum penalty of three years. However, if the offence is against his wife, whom he knew was pregnant at the time, the maximum penalty is increased to five years.

In addition to jail time or probation and fines, any person convicted of a domestic violence offence is required to complete a treatment program for domestic abuse offenders. This can consist of as much as 52 classes, which can take anywhere from six months to a year to complete.

Once charges are filed, the victim cannot decide to drop the charges. The State will prosecute them even if the victim refuses to testify. Only the district attorney has the authority to request a dismissal, and this still has to be approved by the judge.

Defending a Domestic Violence Case

If you have been charged with an offence involving domestic violence, it is very important that you engage the services of an attorney experienced in handling these cases. An experienced attorney will evaluate your case and explore possible defenses, as well as other options open to you. He will also ensure that your rights are protected.

Attorney Gary L. Rohlwing is an experienced attorney specializing in domestic violence representation and criminal defense. He has been the attorney of record in more than 3500 cases and has been a former prosecutor for Phoenix and Peoria.

If you have been charged with a domestic violence offence, he will evaluate your case and help you get the best outcome. You can get in touch with him at (632) 937-1692 to avail of a free initial consultation.

Everything You Need to Know About Domestic Abuse Offenses and Their Penalties Read more on: Law Offices of Gary Rohlwing - criminal-duiattorney.com/



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/need-to-know-about-offenses-and-their-penalties/

Wednesday, July 29, 2020

What is a Disorderly Conduct Charge in Arizona?

Disorderly conduct is a common criminal charge in the state of Arizona. Most disorderly conduct cases are charged as a class 1 misdemeanor, however, in some circumstances, a perpetrator can be charged with a class 6 felony.

A conviction for disorderly conduct will affect your criminal record and subject you to potential penalties.

 

For these reasons, you should seek out representation from a criminal attorney if you are charged.

What is considered disorderly conduct?

According to Arizona law, disorderly conduct is when a person intends to disturb the peace of a neighborhood, family, or person or with knowledge of doing so they:

  • Fight, or engage in violent or seriously disruptive behavior
  • Make unreasonable noise
  • Use abusive/offensive language or gestures to a person in such a way as to likely provoke immediate retaliation by them
  • Make commotion, utterance, or display with the intent to prevent the transaction of a business meeting, gathering, or procession
  • Refuse to obey an order to disperse that is issued to maintain public safety in dangerous proximity to a fire, hazard, or other emergency
  • Recklessly handle, display, or discharge a deadly weapon or other dangerous instrument

If a person is alleged to have committed any of the conduct listed above, then they could face a class 1 misdemeanor. If they are alleged to have committed any of these acts and a firearm was involved, then they could be charged with a class 6 felony.

What are the potential penalties for disorderly conduct?

A person who is convicted of a class 1 misdemeanor disorderly conduct may face the following penalties:

  • Fines and costs up to $2,500
  • Up to 6 months in jail
  • Up to 5 years of probation

A person convicted of a class 6 felony disorderly conduct may face up to 1 year in prison and a loss of certain civil rights.

In additional to the potential fines, jail, and probation, a conviction may also result in mandatory drug and alcohol testing, court-ordered substance abuse, or anger management treatment, community service, limitations on firearm possession, and other court imposed requirements.

Are there any defenses to a disorderly conduct charge?

In some situations, there may be defenses available to challenge the charge. This could result in dismissal of the case, a reduction to a less significant charge, or decreased sentencing recommendations.

Some defenses that may be raised include:

  • Reasonable doubt as to any of the elements of the charge
  • A violation of your constitutional rights
  • Justification for your alleged conduct
  • Lack of the necessary intent

What should you do if you are charged with disorderly conduct?

Because a disorderly conduct can have significant consequences, you should be aware of your rights and exercise those rights. Those rights include:

  • The right to remain silent
  • The right to have a trial
  • The presumption of innocence
  • The right to bail if you are arrested
  • The right to have an attorney

To ensure that your rights are protected and that you receive a just outcome, you should contact an experienced criminal defense attorney. A criminal attorney will provide you with legal advice about your case and help you know what to expect. They will advocate for you to receive a fair and just result. At the Law Offices of Gary L Rohlwing, our team strives to help our clients receive the best result possible under the circumstances. We are experienced and know what it takes to present a successful defense.

What is a Disorderly Conduct Charge in Arizona? was originally seen on GaryRohlwingLawOffices



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/disorderly-conduct/what-is-the-charge-in-arizona/

Thursday, July 23, 2020

What Is the Difference Between Domestic Violence and Abuse?

Often, these two words are used interchangeably to describe similar conduct. They both appear in state codes and may differ according to states. In most cases, the two will appear in family law or domestic relations law statutes related to matters like divorce, child custody, and civil restraining orders.

In this article, we will explore both terms into depth and seek to understand the distinction between the two terms and the statutes around them. But let us first consider what the dictionary has to say about the two terms:
- Domestic abuse: The physical or psychological manipulation towards a member of one’s own family.
- Domestic Viciousness (Violence): The state where some you live with attacks you and tries to cause harm to you.

Domestic Violence

Domestic Abuse Laws

As mentioned earlier, different states may use the terms differently to describe similar conduct. Let’s take the Wisconsin laws, for example. The law here describes domestic abuse as the intent to inflict physical pain, impairment, or fear when committed against a current or former spouse or an adult with a child in common with the abuser.

The statute further broadens the definition of domestic abuse by including property damage and threats to commit any of the actions mentioned earlier. In other words, property damage in Wisconsin committed by a spouse can be considered domestic abuse. The same state also uses domestic forcefulness in other places such as child custody and placement laws, again to refer to similar conduct.

Domestic Forcefulness Laws

We’ve seen how the laws in Wisconsin define domestic abuse and domestic forcefulness. Now, let’s compare Wisconsin's definition with another state, say, North Carolina, to show how the two terms differ.

In North Carolina, Domestic forcefulness resembles domestic abuse in Wisconsin. In this case, both states use different terms to refer to comparable conduct. Other states like Arizona, may be more extensive in defining the acts prohibited by the term. For example, Arizona laws include crime against a child, animal, disorderly conduct, and interfering with emergency telephone calls as domestic forcefulness.

Conclusion

It turns out that there is a very thin line between domestic violence and domestic abuse. Both terms seem to be used interchangeably and will most definitely differ from one state to the other. Therefore, if caught up in a case that uses either term in charges against you, it is best to consult an attorney who is an expert in your state laws.
Being a very sensitive issue, it will be crucial to get all the facts right from the word go. An expert in the field would be an excellent place to start. You will also need all the support and care you can get.

It would be wise to consider an experienced attorney such as Gary Rohlwing, who understand both the defense and prosecution of these matters. When it comes to this kind of offence, there are generally immediate repercussions depending on the harshness of the issue. You will need all the expert help you can get.

The following post What Is the Difference Between Domestic Violence and Abuse? See more on: 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/domestic-violence/what-is-the-difference-between-domestic-violence-and-abuse/