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Archive for the ‘Tucson Lawyer DUI Articles’ Category

SR-22 Tidbits

Now that you finally own the dream car for which you have been saving up for long, it is time you looked into gathering the necessary insurance coverage. In some states of the US, law makes it mandatory for drivers and owners of vehicles to secure auto insurance. But even if your state has not made this obligatory, you should get your vehicle insured. And while you are at this, it helps if you possess knowledge about some of the more lesser-known aspects of insurance policies, the SR-22 document being the primary amongst these.

The SR-22 is a certificate of insurance issued by the Department of Motor Vehicles (DMV) of some states and this serves as liability insurance for vehicles. In fact, the state departments regard this document as evidence that the driver possesses the requisite minimum amount of insurance coverage for vehicle-related liabilities that is applicable to a particular state.

SR-22 insurance evidence is also demanded by a state motor vehicles department to restore driving privileges to a driver who is not insured and has been involved in a car accident or in the event he has been convicted of any other traffic offense like a DUI (Driving Under the Influence of substances) crime. In such instances, the driver may be required to furnish evidence that he has filed for a SR-22 certification, either by showing the binder or the application for the binder. There are also offenses for which the convicted driver has to have this insurance for three years starting from the day the revocation ends.

It is worth noting at this point that you do not need to own a vehicle to go in for a SR-22 filing. Automobile drivers who do not own a vehicle can apply for a non-owner policy with the insurance agent. Also not all states of the US do not require that you possess the SR-22 document, unless your driving license has been suspended or revoked.

The insurance company with which the SR-22 policy is filed in turn, is responsible for keeping the state motor vehicles department updated in the event the policy is cancelled, terminates, or lapses. In such instances, the company has to issue an SR-26 form which declares that the policy has been cancelled.

Drivers will vouch for the fact that there arise circumstances when an SR-22 document needs to be furnished at the earliest instance. Then the imperative need of the hour is for the prompt services of a capable insurance agency. To obtain any documents related to SR-22, Tucson drivers and vehicle owners rely on the services of only reliable agencies.

Originally published here.


orsondixon

Arizona Task Forces Arrest Over 1,340 Drivers for DUI

Two Arizona cities received failing grades in a 2010 Men’s Health article titled, “America’s Drunkest Cities.” Tucson came in at number 9, with an F, and Phoenix fared only marginally better at number 18, with a D-. The self-proclaimed statistical sobriety checkpoint took into consideration data on from the Centers for Disease Control and Prevention, the Fatality Analysis Reporting System (FARS), the FBI, and the Insurance Institute for Highway Safety.

As the data shows, those that get behind the wheel after drinking may risk more than a big bar tab. In addition to the health issues associated with excessive drinking, those that drink heavily and then drive risk involvement in car crashes or arrest and conviction for driving under the influence (DUI).

Arizona Traffic Fatalities and Driver BAC

There were 807 traffic fatalities in Arizona in 2009, according to the National Center for Statistics and Analysis. Of those fatalities, 64 percent resulted from accidents involving drivers with 0.0 BAC. In the remaining fatalities, the highest driver BAC level was:

.01 to .07 percent in 42 fatalities, or five percent of the deaths
.08 or higher in 219 fatalities, or 27 percent of the deaths

Of the 219 fatalities involving drivers that were legally drunk behind the wheel, 137 deaths involved drunk drivers with BAC above .15. In Arizona, drivers with BACs at .15 or above can be charged with Extreme DUI.

Not every driver who has been drinking will be involved in an accident. Aside from the safety risk to themselves and others though, these drivers may incur hefty fines and penalties, risk license suspension and even end up in prison.

Nearly 1,350 Arrested for DUI by Arizona Task Forces

Governor Jan Brewer’s office has released statistics showing that 1,343 drivers were arrested for DUI between November 25 and December 15, 2010. In the recent round of holiday enforcement, 333 of those arrests by police officers and sheriff’s deputies were for extreme DUI. Extreme DUI is characterized by a blood-alcohol content (BAC) of .15 percent or higher – nearly two times the legal driving limit of .08. There were also 217 drug DUI arrests and 62 DUI arrests for drivers under the age of 21.

Arizona DUI penalties range in severity and may include:

Jail or prison time: Even a first time offense carries minimum jail time of 24 hours, up to 10 days
License suspension for 90 days or revocation up to 3 years: Those that are allowed to keep their driving privileges may be subject to mandatory installation of an ignition interlock device that requires a breath test for every trip
Probation
Recommendation for counseling: The court can recommend or require that the defendant participate in or complete counseling services prior at his or her own expense
Vehicle forfeiture

Additionally, drunk driving offenses carry significant fines, assessments and surcharges. The base fine for a first time offense is $250, and this amount doubles for a second offense. Additional surcharges and assessments may total more than $1,000 for a first conviction and may total nearly three times that sum for a second conviction. Some drivers may also be required to participate in community restitution for 30 days or more, increasing time spent away from work.

Underage and commercial drivers are subject to stricter standards and a different set of penalties.

Arizona Implied Consent Laws

Arizona law requires drivers to give implied consent to BAC tests when they are driving. Drivers who refuse to give express consent for a BAC test are subject to license suspension for 12 to 24 months, depending on the driver’s history of test refusals. The driver may still be tested but the police must obtain a warrant prior to having the test administered.

Drivers who have been arrested for DUI, Extreme DUI or other impaired driving charges should contact a lawyer immediately to protect their rights in negotiations or trial, and to advise them of their options. There are important timelines in both the criminal prosecution and the administrative license suspension proceedings. A lawyer can help ensure no deadlines are missed while also examining every aspect of the arrest to protect the rights of the accused.

Originally published here.


The Baker Law Firm

How File Destruction Affects Criminal Record Checks

In fact, some American soldiers, dismayed by what they see as a brutal and unjust war in Iraq, have deserted and tried to receive asylum in Canada. So far, however, the Canadian government, probably afraid of diplomatic difficulties, has held off formally permitting the deserters to stay, as opposed to the draft dodgers that were welcomed with open arms in the Vietnam era.

The US-Canada boundary is known as the world’s longest undefended border. Undefended, perhaps, but not unguarded. It used to be one of the easiest borders in the world to cross, particularly in the case of American border guards admitting Canadians and vice versa. The terrorist attacks have long put an end to this relaxed climate; travellers’ documents are now much more likely to be meticulously checked. Moreover, both American and Canadian border officials subject travellers’ documents to criminal background checks against electronic information from police files. It is illegal for a foreigner who has ever been convicted of a criminal offence to travel to the US without an American waiver.

Pay the cost of the premium. Bail is at $10,000. The premium is $1000. This can be paid in many ways; cash, credit card, or in some instances, financing. Fill out and sign the bail bonds application. This is usually an 8 1/2 by 14 legal document with lots of blanks to fill out. The indemnitor will need to provide their present address, social security number, driver’s license number, telephone and much more. The defendant will need to provide three times that amount of information; like three references, four family members, work address, and much more. Why does the defendant need to supply much more information, because they are the key to total bail bond’s cost. If the defendant skips bail, the indemnitor and bail bonds company now have to pay the court the $10,000, so getting the information and a lot of it about the defendant is important.

There are only a few ways to reduce your federal prison sentence. The main and most effective way is through cooperation. There are a few other ways to get a sentence reduction also, but most likely won’t be nearly as much of a reduction as if you cooperate.

One should be hundred percent sure that the chosen lawyer specializes in handling DUI cases. An attorney who occasionally handles such cases might not be as competent and experienced as those who specialize in these. So, before hiring a lawyer, one should know some important factors like- what are the lawyer’s percentage of DUI cases, whether he attends seminars or meetings on DUI laws, whether or not he is up to date with the current DUI laws of Tucson, how long he has been practicing DUI laws, and so on.

Criminal records constitute of every crime and violation of law, created by any specific person. The administrations for law enforcement, not only at the central degree but also at state degree, maintain updating these documents on a constant foundation and compiles them for simple use of the public. Thus, it is not necessary to care about the correctness or the dependability of those records.

We all have our foibles and foul ups in life. Sometimes our errors are as simple as a bad credit rating or infidelity; other times our mistakes are more egregious and illegal. Whether you did it or not if you are charged with a crime it is in your best interest to hire a good criminal defense attorney as soon as possible. Even if you fully admit that what you did was wrong. Even if you feel that you deserve to be punished. No matter what do not go into this thing without consulting a lawyer.

Are you in the position of needed such a defense, and your income does qualify you for free representation, do not waste time. Just like most professions, this one has many areas of specialization. Look for someone who focuses representation on certain areas of crime, and choose one that has experience in the area of defense that you need. In order to do so, you will need to know exactly what it is that you are being charged with as often there are different degrees of seemingly similar situations. Start by calling a few firms and asking about availability for consultation. This meeting will help the attorney decide if he is qualified and able to take your case, and it will also help you decide if he is right defense lawyer for you or for the person for whom you are trying to find representation.

Where a danger created by the defendant is fully appreciated by the plaintiff and he voluntarily places himself in that danger he cannot recover on the ground of valentine fit injuries and where the risk is foreseeable but the plaintiff remains indifferent he can be guilty of contributory negligence. If law enforcement officers pull you over because they suspect that you have been driving while intoxicated, they could ask you to take a breathalyzer test. This test is used to get an estimate of your blood alcohol content, or BAC. If you have been asked to take a breathalyzer test, you can refuse to do so, but there are consequences for refusal. However, for some people, refusing the breathalyzer could be a better choice.

Originally published here.


Nathaniel Hansen