A.R.S. §4-244 (34) Underage Drinking and Driving in AZ

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According to the law known as A.R.S. §4-244 (34) Underage Drinking and Driving in AZ , it is illegal for anyone who is under the age of 21 to drive or be in physical control of a vehicle while there is any type of liquor in their body.

It doesn’t matter if the person is impaired by the alcohol, or not. This means, you could be completely sober and capable of driving, but still receive a violation if you have alcohol on your breath and are under the age of 21.

Penalties for Underage Drinking and Driving

In the state of Arizona, an underage DUI is also referred to as a Baby DUI. While the charges alone don’t require time in jail, this is typically on the case for first time offenders.

However, an individual facing these charges may still be sentenced by a judge for up to six months in jail. Other charges related to this offense include fines of up to $2,500, as well as an 84 percent surcharge. It’s also mandatory that the individuals license be suspended for a period of two years.

Legal Defenses for Underage Drinking and Driving Charges

If you are facing these charges, the best thing you can do is contact an attorney for help. They will likely go over some of the defenses for this situation, which include:

  • No reasonable suspicion for you to be stopped.
  • No actual physical control of the vehicle.
  • No probable cause for the arrest that was made.
  • The denial of a right to counsel.
  • An inaccuracy of the blood or breath testing device.
  • A violation of the person’s Miranda rights.
  • Incorrect or inaccurate police reports.

An attorney will be able to evaluate your case to determine if any of the above situations apply. In some cases, there are situations where more than one of the aforementioned defenses can be used. This is why it is so important to hire an attorney for assistance.

The Importance of Hiring an Attorney

If you are facing underage DUI charges, then the best thing you can do is hire a DUI defense attorney who understands all the possible defenses for your situation. Someone who is under the age of 21 has their entire life ahead. As a result, the last thing they need is to have a DUI conviction on their record, which can impact their reputation negatively and have adverse consequences for many years to come.

Finding the right attorney matters. Make sure to consider the options in the local area and their knowledge of Arizona laws. A quality attorney will be willing to work diligently to help you reduce the penalties and potential consequences that you face.

Non Resident Charged With A Crime In Arizona

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If you or anyone you know of have faced criminal charges, a Phoenix Criminal Lawyer can guide you through the process and help you reach the best resolution possible. An Arizona criminal lawyer is familiar with the state’s laws and procedures and is able to help non-Arizona residents understand everything. A good law firm can answer questions and be in contact with you throughout the process while aggressively protecting your interests. They also offer an initial consultation which can be helpful for non-residents of Arizona.

This may apply if you were arrested while in Scottsdale or Phoenix, AZ while traveling for entertainment such as bachelor/bachelorette parties, Spring Training baseball, the Phoenix Open Golf Tournament, business conferences and tradeshows, et. You will want to consider your better options of consulting with an experienced law firm that deals with these types of clients and cases.

If you are being charged with a crime, you may have to deal with additional logistics. For preventiion, traveling groups are better with a few helpful tips with relevant information for planning and communication purposes. Simple communication is one of the ways to mitigate any issues or risks associated with non-resident traveling. Whether you are vacationing on your own or traveling with a group of other people, you never want to be forced into any criminal charges or deal with any criminal justice paperwork.

You want protections for your assets, including a disallowed forced spending on unnecessary expenses. You want freedom quickly from the stressful situation. You also want to protect your name and reputation with a gentler way to get through everything if you were with others that were also involved. Even the language you use is important and your ability to find a way out of the stressful situation would become a priority. The biggest improvement might be the informational resources and helpful writing content that gets you to a solution. Being a non-resident and having to deal with criminal charges is something almost unknown for a majority of the population.

Your experience with Greater Phoenix and Arizona tourism should be only positive. This includes any vacationing and traveling for large enjoyable events and fan celebrations. Those planning these events with smart choices for safety and comfortableness for the residents and guests are appreciated. Good planning is smart with so many logistics involved. Opportunities for excellent entertainment should have good planning with leadership and experience.
Event planners and those organizing traveling tours or vacations are often considering the social events and parties that might be involved. Safety and a clean record are probably important to anyone carrying a state identification card while visiting the state of Arizona.

As an example, The Phoenix Open Golf Tournament, attracts international elite athletes with all of their fanbase and support crews. It also appeals to business leaders involved with planning and large event scheduling for Arizona’s largest city. The Greater Phoenix area benefits from all of the vacationers, tourists, and support crews arriving with the incredibly accomplished and successful athletes. These types of champion athletes deserve only positive news and the hope for planning teams is to keep the event running smoothly while managing all of Arizona’s tourism. All of this has to work nicely with the existing infrastructures which include restaurants, bars, lounges, event party locations, and private parties.
There are additional planning steps often for out-of-state travelers attending any large events. Additional recreation and social outings, such as venues or bars in Scottsdale, should often be considered for safety and smart planning. Larger groups that are traveling together may often decide on certain social events to join as one of the scheduled party plans. The traveling group must also know that the non-residents should be told about certain types of client cases some law firms deal with when people have been arrested while traveling or vacationing. The planning groups should always notify non-residents about smart decision-making with social event plans. Knowing the venues and acceptable behavior may be important, although assumed to be known.

Anyone who was dealing with an arrest in Scottsdale or Phoenix when traveling would be smart to consider a consultation with a phoenix criminal attorney. When it comes to protecting the rights of the accused, they would probably want to have their best representation and smart ways to protect their interests. You will also want to find the Arizona criminal lawyer best to aggressively protect your interests.

Arizona and the Greater Phoenix area celebrate often with large entertainment venues that have become quite common. These larger events include some world reknown nationally televised events and many that are enjoyable for tourists and those celebrating sporting competitions. Greater Phoenix hosted nearly 44 million visitors in 2017 and the leadership continues to enjoy effectively planned tourism events. The state of Arizona offers an incredible number of opportunities and the experience matters.

Legal Defense and Title IX: What You Should Know

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Though it may not sound as serious as criminal allegations, facing Title IX violation charges is no laughing matter. Especially in today’s times, any accusation of discrimination or harassment can be not only tough to deal with, but also extremely challenging to overcome. In many cases, it can damage a person’s, organization’s or school’s reputation long into the future if not for life. If you or your organization have been accused of a Title IX offense, it is imperative that you seek out experienced legal counsel as soon as possible.

Our offices are ready to help you deal with Title IX violations, so give us a call at your nearest convenience. In the meantime, here’s what you need to know about Title IX complaints and the legal proceedings that surround them:

What is the Title IX Law?

At its core, Title IX is a civil rights law. Though it was passed back in 1972 as a portion of the Education Amendments Act, it has only been in more recent years that Title IX complaints have become more visible.

The law states: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

More specifically, the Title IX law prohibits any school or organization that receives Federal funding from discriminating against anyone based on their gender. It’s also very important to note that this law goes further, prohibiting those who are accused from retaliating or taking any kind of responsive action against someone who may have filed the complaint. In other words, should an employee accuse you of gender discrimination, you may not terminate their employment as a result or take any other kind of negative action against them.

Sexual assault accusations may also be included under Title IX, specifically when it concerns students. This means that administrators and school staff can be accused of assault, as can students.

How Does Defense Against Title IX Complaints Work?

While the Title IX law is overall a good thing that has done a lot in the way of reducing discrimination and promoting gender equality, there is still a long way to go in order to ensure those who are accused have the means to defend themselves. The unfortunate truth is that many people and organizations are falsely accused, and their reputations start to take a dive almost immediately. Even if the accusations are eventually proven to be unfounded (which itself can be tough), there is often long-lasting damage.

Now, Title IX cases vary greatly in severity. While they are settled in court in a lot of situations, they may also be settled “in house” in a school setting. In these cases, proceedings will (that is, should) start as soon as the school receives word of a complaint. In the case of lawsuits, the case may also be able to stay out of court if an agreement is reached.

However, it depends on the severity of the allegations. While opting for an out-of-court setting may be desirable in many cases, it is important to realize that the accused may not receive the due process found in the court setting.

Again, this is why it is so important to get experienced legal counsel on your side, even if your case is not (yet) set to go to court. Your attorney can review all the facts of the case and do what they can to get any criminal charges dropped.

Potential Case Outcomes

Because the details of each case will vary greatly, it is important to realize that potential outcomes are also numerous. In the event of criminal allegations, the main goal will be getting the criminal charges dropped or reduced, as well as avoiding a prison sentence. In other cases, the goal will be focused on saving the accused’s reputation and character by gathering as many facts as possible (including potential witnesses).

If you or a loved one is facing a Title IX complaint, don’t wait to seek out help. The sooner you get legal assistance, the more likely you are to get the best possible outcome.

Arizona’s harsh DUI penalties

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It’s been a tough week at work and you stop off with friends at your local watering hole for a couple of drinks.

Or, you’re watching the big game and you need to restock your frig at half-time.

Maybe it’s Saturday night, you’re at a party, and you’re feeling invincible when you’re selected to make the next beer run.

Whatever the case may be, when you get behind the wheel after too many drinks, you not only put your life other people’s lives in danger, you run the risk of messing up your life in a pretty big way, even if you don’t get into any kind of an accident.

Arizona limits the legal blood alcohol content limit for drivers to .08. While the punishments vary widely from state to state if you’re popped for driving while over this limit, in Arizona, you’ll be facing mandatory jail time, a suspended license, and you’ll have an ignition interlock device installed on your car. You will need to hire a lawyer who specializes in DUI to keep a bad situation from getting even worse.

It should be noted that the .08 limit applies to drivers who are of legal age to drink and drive. For anyone under 21 years old, there is a zero tolerance law in place, meaning that if you are busted for having any blood alcohol content whatsoever and you are under age, you can be charged with DUI. The law was put in place because nearly one-third of all fatalities for people under 21 years old are due to motor vehicle accidents. Of these, about one-third are caused by drinking and driving.

In addition, for those drivers who have a blood alcohol content of .15 or above, they will face aggravated DUI charges resulting in enhanced penalties upon conviction.

Those penalties start with a minimum 90 day suspension of a driver’s license and can rise to up to 3 years based on subsequent DUI convictions. While vehicle confiscation will not take place, a person will be required to go through mandatory alcohol education, assessment and treatment.

Cates & Garvey Law Group proudly serves clients in Phoenix, Tempe, Glendale, Scottsdale, Mesa and surrounding Arizona communities

White collar crimes are complex and can take a long time to resolve

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White collar crimes are those that are not violent committed by businesses and individuals who are motivated by financial gain. Typically, this will include crimes such as bribery, fraud, insider trading, embezzlement, forgery, money laundering, identity theft and other related infractions.

In most cases, these offenses are highly complex and can generate substantial evidence gathering and forensic investigation. This means that a charge and the subsequent case can drag on for months or even years before going to trial. Retaining an experienced white collar crimes lawyer is a necessity. That attorney will often need to work with related financial professionals on your behalf, because white collar cases are often laced with complex financial information and scores upon scores of documents and data.

Many white collar crimes fall under the jurisdiction of federal laws, so a person charged with this type of crime may be going up against the resources of a variety of federal agencies such as the FBI, the Department of Labor, the Food and Drug Administration, and the Internal Revenue Service, among many others. That means an attorney defending a white collar crimes defendant must have experience not only at the state level, but at the federal level as well.

It also makes sense to retain a lawyer even if you have not yet been charged with a white collar crime. Because white collar crimes are complex, you will need someone familiar with the mechanisms of how an investigation will play out. An attorney will be able to guide you and shield you from saying or doing things that could self incriminate you or lead to additional charges over and above what you may already be facing. Preserving your rights as early as possible can set the stage for a solid defense and one that may ultimately lead to the charges being dropped or resulting in an acquittal.

Cates & Garvey Law Group proudly serves clients in Phoenix, Tempe, Glendale, Scottsdale, Mesa and surrounding Arizona communities.

DUI Checkpoint Locations for Cinco de Mayo Weekend in Arizona

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Cinco de Mayo weekend in Arizona can result in more DUI’s than St. Patrick’s Day, & police will be on high alert for people driving under the influence. People will be celebrating all weekend and DUI incidents will be on the rise. Cates & Garvey Law Group wants everyone to stay safe this Cinco de Mayo weekend. Call an Uber, Lyft, or a taxi if you are celebrating with family and friends. If you or anyone you know is in need of a free consultation for a pending DUI matter please call us at your convenience.

 

Click the link to stay up-to-date with the newest checkpoints, updated in real time:

http://bit.ly/checkpointaz

Recent Arizona Checkpoints - DUI Location Alerts

Arizona DUI Checkpoints
Recent Alerts

 

County City Location Time
Maricopa Buckeye Undisclosed Location – West Valley Weekend – Mar 16 – 17, 2019
Maricopa Phoenix Baseline Rd and 24th St Area Sat Mar 16, 2019
Maricopa Phoenix N 27th Ave and W Devonshire Ave Area Thu Dec 27, 2018
Maricopa Mesa W Rio Salado Pkwy and N Evergreen Rd 6pm To 4am – Wed Dec 26, 2018
Pinal Apache Junction Ironwood Dr and W Southern Ave Area Fri Dec 21, 2018
Maricopa Chandler W Hunt Hwy and N Gary Rd – San Tan Valley Sat Dec 15, 2018
Graham Pima N Pima Rd and Roadrunner Rd Sat Dec 8, 2018
Coconino Sedona Undisclosed Location Sat Dec 8, 2018
Maricopa Tempe E University Dr and S Mcclintock Dr Area Fri Dec 7, 2018

 

DUI Checkpoint Locations for New Years Weekend in Arizona

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Much like Thanksgiving and Christmas, Arizona police are on high alert for people driving under the influence on New Year’s Eve and New Year’s Day. With New Year’s Day falling on a Monday, people will be celebrating all weekend and DUI incidents will be on the rise. Cates & Garvey Law Group wants everyone to stay safe this New Years weekend. Call an Uber, Lyft, or a taxi if you are deciding to have fun with family and friends. If you or anyone you know is in need of a free consultation for a pending DUI matter please call us at your convenience.

 

Click the link to stay up-to-date with the newest checkpoints, updated in real time:

http://bit.ly/checkpointaz

Recent Arizona Checkpoints - DUI Location Alerts

Arizona DUI Checkpoints
Recent Alerts
County City Location Time
Pinal Apache Junction Ironwood Dr and W Southern Ave Area Fri Dec 21, 2018
Maricopa Chandler W Hunt Hwy and N Gary Rd – San Tan Valley Sat Dec 15, 2018
Graham Pima N Pima Rd and Roadrunner Rd Sat Dec 8, 2018
Coconino Sedona Undisclosed Location Sat Dec 8, 2018
Maricopa Tempe E University Dr and S Mcclintock Dr Area Fri Dec 7, 2018
Mohave Lake Havasu City Az-95 and S Smoketree Ave Sat Nov 17, 2018
Pima Tucson E Speedway Blvd and N Wilmot Rd Sat Oct 27, 2018

 

 

 

DUI Checkpoint Locations for this Labor Day Weekend in Arizona

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Law enforcement agencies in Arizona take holiday weekends seriously due to the increase of people driving while intoxicated. Cates & Garvey Law Group wants everyone to stay safe this Labor Day weekend. Call an Uber, Lyft, or a taxi if you are deciding to have fun with family and friends. If you or anyone you know is in need of a free consultation for a pending DUI matter please call us at your convenience.

 

Click the link to stay up-to-date with the newest checkpoints, updated in real time: http://bit.ly/checkpointaz

Recent Arizona Checkpoints - DUI Location Alerts

Arizona DUI Checkpoints
Recent Alerts
County City Location Time
Pima Tucson N Romero Rd and W Wetmore Rd – Flowing Wells Sat Aug 18, 2018
Coconino Mormon Lake Forest Service Rd 240 West Of Mormon Lake Sat Jul 14, 2018
Maricopa Mesa Undisclosed Location – From Salt River. Mon May 28, 2018
Maricopa Mesa Az-202 and N Power Rd Area Sun May 27, 2018
Pima Tucson N Sabino Canyon Rd and E Cloud Rd Area Sat May 26, 2018
Maricopa Phoenix N 24th St and E Highland Ave Sat May 19, 2018
Pima Tucson E Golf Links Rd and Houghton Rd Sat May 19, 2018

DUI Checkpoint Locations for this 4th of July Week in Arizona

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Law enforcement agencies take these days serious because of issues with people driving while intoxicated in the past. We want everyone to stay safe, call Uber, Lyft, or a taxi if you are deciding to have fun with family and friends. If you or anyone you know is in need of a free consultation for a pending DUI matter please call us at your convenience.

Click here to stay up-to-date with the newest checkpoints, updated in real time: http://bit.ly/2rpdziv

Recent Arizona Checkpoints - DUI Location Alerts

Arizona DUI Checkpoints
Recent Alerts

 

County City Location Time
Maricopa Mesa Undisclosed Location – From Salt River. Mon May 28, 2018
Maricopa Mesa Az-202 and N Power Rd Area Sun May 27, 2018
Pima Tucson N Sabino Canyon Rd and E Cloud Rd Area Sat May 26, 2018
Maricopa Phoenix N 24th St and E Highland Ave Sat May 19, 2018
Pima Tucson E Golf Links Rd and Houghton Rd Sat May 19, 2018
Maricopa Gilbert Undisclosed – City Limits Sat May 5, 2018
Pima Tucson Undisclosed Location – Pima County Sat May 5, 2018
Maricopa Phoenix Lake Rd Sat Apr 14, 2018
Pima Tucson South Country Club Rd North Of E Drexel Rd Sat Mar 31, 2018
Pima Tucson Undisclosed Location – Pima County Sat Mar 24, 2018
Pima Tucson W Orange Grove Rd and N La Cholla Blvd Sat Mar 17, 2018
Maricopa Mesa E Baseline Rd and N Gilbert Rd Sat Mar 17, 2018
Pima Tucson W Prince Rd and I-10 Area Sat Mar 17, 2018
Pima Ajo Rt-85 – Mile Marker 55 Sat Mar 3, 2018
Pima Tucson Undisclosed Location – Pima County Sat Mar 3, 2018
Pima Tucson E Aviation Hwy – Towards End Under The Bridge Sat Feb 24, 2018
Maricopa Fountain Hills Tonto National Forest North Of Fountain Hills Sat Feb 17, 2018

A close look at possible kidnapping defense strategies

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If you’ve been charged with kidnapping, you’re facing a large legal battle, and you need to retain a top flight kidnapping attorney as soon as possible. Your future freedom for many years to come will rest heavily on how well they can defend you.

The good news is that despite being charged with kidnapping, there are many possible defense strategies that can be employed. Much of how a defense is crafted will depend on the evidence, facts and witness statements as part of the case.

One of the most common defenses centers around the fact that the victim may have consented to go with the defendant. Absent other supporting facts, this claim may have enough weight in the courtroom to raise enough reasonable doubt in the eyes of the jury.

Another possible defense is that a defendant may claim ignorance if they do not believe they are committing an act of kidnapping. For example, in child custody cases, if one parent removes a child from the other parent’s care and they believed they were doing so within the boundaries of the law, this may be enough to get charges dropped or may lead to an acquittal in a trial. A careful presentation of the facts may help draw jurors to the conclusion that a person was justified instead of the fact that they committed a kidnapping.

Sometimes, a defendant may be able to claim that they were coerced or forced under duress to commit a kidnapping. If a person is threatened with violence if they don’t commit a kidnapping, they may be able to show that imminent danger pushed them to commit a kidnapping.

While it is a lot less prevalent and much more of a long shot, a defense attorney may be able to make the claim of insanity. Without rational thought being present, kidnapping charges may be reduced to a lesser charge, although the defendant may wind up paying a price through mental health confinement as a result.

Cates & Garvey Law Group proudly serves clients in Phoenix, Tempe, Glendale, Scottsdale, Mesa and surrounding Arizona communities.