Maricopa County Court » arizona dui http://maricopacountycourt.net Sat, 18 Dec 2010 00:13:31 +0000 en hourly 1 http://wordpress.org/?v=3.0.3 Nebraska DUI Leads to Suspension from Huskers Football Team /maricopa-county-courts/maricopa-criminal-court/dui-arizona/nebraska-dui-leads-to-suspension-from-huskers-football-team/ /maricopa-county-courts/maricopa-criminal-court/dui-arizona/nebraska-dui-leads-to-suspension-from-huskers-football-team/#comments Mon, 13 Dec 2010 20:58:58 +0000 Fred

The University of Nebraska football team has suspended starting defensive tackle Baker Steinkuhler following an arrest for DUI in Lincoln. Police say the 21-year old was stopped around 1:45 Tuesday morning for driving without his headlights and for making a turn without signaling. Steinkuhler had a blood alcohol content of 0.115 percent. He is of legal drinking age but the threshold for intoxication while driving in Nebraska is 0.08%. Steinkuhler was booked for suspicion of drunk driving in Nebraska and is set to appear in Lancaster County court on January 4.

Coach Bo Pelini said that Steinkuhler will not join the football team for the Holiday Bowl in San Diego on December 30. The 6'6", 290-pound Steinkuhler has played a key defensive role for the Huskers this season, starting all 13 games and collecting 46 tackles and 3-1/2 sacks.

Have you been arrested for a NE DUI and are looking for legal help from a qualified Nebraska DUI attorney?

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Man Arrested for Drunk Driving Wearing Breathalyzer Halloween Costume /maricopa-county-courts/maricopa-criminal-court/dui-arizona/man-arrested-for-drunk-driving-wearing-breathalyzer-halloween-costume/ /maricopa-county-courts/maricopa-criminal-court/dui-arizona/man-arrested-for-drunk-driving-wearing-breathalyzer-halloween-costume/#comments Thu, 04 Nov 2010 17:15:49 +0000 Fred

Police in Lincoln Nebraska report the arrest of nineteen year old Matthew Nieveen early Monday morning. The teenager was stopped for driving his Ford F-150 erratically and was soon arrested for suspicion of drunk driving in Nebraska. The kicker is that Nieveen was dressed as a portable breathalyzer machine used by law enforcement during DUI investigations.

Nieveens BAC was more than twice the legal limit for an adult. When police searched his truck they found a bottle of vodka and some beer. In addition to being booked for Nebraska DUI, he was charged with underage drinking.

Last Halloween an 18-year old college student was busted for drunk driving in Ohio wearing a similar costume.

Have you, or someone you know, been charged with a NV DUI and are needing legal assistance from a qualified Nebraska DUI lawyer?

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Interview with KTAR’s Jay Lawrence /maricopa-county-courts/maricopa-criminal-court/dui-arizona/interview-with-ktars-jay-lawrence/ /maricopa-county-courts/maricopa-criminal-court/dui-arizona/interview-with-ktars-jay-lawrence/#comments Tue, 26 Oct 2010 19:36:45 +0000 Lawrence Koplow http://duiblog.arizonaduicenter.com/2010/10/articles/my-thoughts/interview-with-ktars-jay-lawrence/ This past Sunday I was interviewed by local radio station KTAR's Jay Lawrence on a number of Arizona DUI issues, including:

  • current Arizona charges and penalties,
  • changing enforcement standards for DUI charges based on jurisdiction (Scottsdale, for example),
  • measurement and testing,
  • drug-based DUI charges - both legal prescription and illegal,
  • differing charges while a child is in a vehicle, and
  • timelines for resolution of DUI charges.

The entire interview, along with my answers to various phone-in questions, is now available as a downloadable podcast, starting at the 11:00 minute mark.

Many thanks to Jay Lawrence and KTAR for having me.

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This past Sunday I was interviewed by local radio station KTAR's Jay Lawrence on a number of Arizona DUI issues, including:

  • current Arizona charges and penalties,
  • changing enforcement standards for DUI charges based on jurisdiction (Scottsdale, for example),
  • measurement and testing,
  • drug-based DUI charges - both legal prescription and illegal,
  • differing charges while a child is in a vehicle, and
  • timelines for resolution of DUI charges.

The entire interview, along with my answers to various phone-in questions, is now available as a downloadable podcast, starting at the 11:00 minute mark.

Many thanks to Jay Lawrence and KTAR for having me.

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Insurance Group Lists Cities With Most DUI Offenders /maricopa-county-courts/maricopa-criminal-court/dui-arizona/insurance-group-lists-cities-with-most-dui-offenders/ /maricopa-county-courts/maricopa-criminal-court/dui-arizona/insurance-group-lists-cities-with-most-dui-offenders/#comments Tue, 28 Sep 2010 22:24:12 +0000 Fred

An auto insurance group has reviewed its data and generated a list of the 20 most populated US cities with the most drunk driving violators. While the list compiled by Insurance.com shows relative numbers of DUI/DWI arrests in each of the cities, there is much debate as to the reasons for the number of arrests. Several factors influencing drunk driving arrests include; younger population centers, availability of mass transit, areas with a greater car culture and aggressiveness of law enforcement efforts to combat drinking and driving.

The ranking was determined by taking the 20 largest cities by population, reviewing the total number of requests for insurance quotes from each city and analyzing those requests for drivers indicating at least one alcohol related traffic offense on their driving record. The list then reflects a percentage of drunk driving offenders to general population. Note that no statistics were available for Boston.

Having a DUI/DWI conviction on your driving record can result in cancellation of auto insurance or significantly higher premiums, driving limitations and in many states, the mandatory installation of an ignition interlock device.

US cities with the highest percentage of drunk driving offenders:

  • 1. San Diego, CA
  • 2. San Jose, CA
  • 3. Charlotte, NC
  • 4. Phoenix, AZ
  • 5. Columbus, OH
  • 6. Indianapolis, IN
  • 7. Los Angeles, CA
  • 8. San Francisco, CA
  • 9. Austin, TX
  • 10. Jacksonville, FL
  • 11. San Antonio, TX
  • 12. Dallas, TX
  • 13. Houston, TX
  • 14. Fort Worth, TX
  • 15. Memphis, TN
  • 16. Philadelphia, PA
  • 17. New York, NY
  • 18. Baltimore, MD
  • 19. Chicago, IL
  • 20. Detroit, MI

Have you been arrested for a DUI and are looking for quality legal defense from a qualified DWI attorney?

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The Dirty Little Secret (of Arizona DUI First Offense) /maricopa-county-courts/maricopa-criminal-court/dui-arizona/the-dirty-little-secret-of-arizona-dui-first-offense/ /maricopa-county-courts/maricopa-criminal-court/dui-arizona/the-dirty-little-secret-of-arizona-dui-first-offense/#comments Wed, 25 Aug 2010 16:27:01 +0000 Lawrence Koplow http://duiblog.arizonaduicenter.com/2010/08/articles/my-thoughts/the-dirty-little-secret-of-arizona-dui-first-offense/ Here is the math used in Arizona: INCREASED JAIL + DUI PROBLEM = REDUCED DUI PROBLEM.  It makes perfect sense, right.  Who would risk more than a month in jail for a few drinks.  

Apparently - lots of people.  Maybe even more people now, than when the penalties were previously lower.  Unfortunately the State's math is flawed.  Let me give you some anecdotal evidence.

A few weeks ago I was sitting in an arraignment with a client waiting for our case to be called.  Before the judge started calling cases he told the packed court room about Arizona's DUI penalties.  After going through the sentencing schemes he also made the following disclosure in open court. He stated, these DUI penalties have become harsher and harsher ever since he had been practicing law (and by grey color of his remaining hair that appeared to be a long time). "However, my courtroom still stays full." He went on to say that "we all know" the new DUI penalties have not reduced the number of DUI cases but it is the law.  "Fair or not these are the laws I am required to follow."

Well it is not everyday a judge, in open court, makes such a candid admission.  Moreover, the judge's speech was absolutely correct about the Arizona DUI laws.  Those of who are involved in Arizona DUI cases, "all know" the math is wrong.  We all know, law enforcement included, raising penalties does not reduce the number DUI cases.  One reason is the real consequence of a DUI is not jail, but taking someone's life.  If that is not enough to stop someone from driving impaired, then long jail terms that no person really knows the specifics of (until after they are charged), certainly will not have a great impact.

However, I have an idea of what may work.  In part two of this post I make my case for how I believe we should address the problem.  That is, if we are serious about solving it - which I hope we are.


Lawrence Koplow

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Here is the math used in Arizona: INCREASED JAIL + DUI PROBLEM = REDUCED DUI PROBLEM.  It makes perfect sense, right.  Who would risk more than a month in jail for a few drinks.  

Apparently - lots of people.  Maybe even more people now, than when the penalties were previously lower.  Unfortunately the State's math is flawed.  Let me give you some anecdotal evidence.

A few weeks ago I was sitting in an arraignment with a client waiting for our case to be called.  Before the judge started calling cases he told the packed court room about Arizona's DUI penalties.  After going through the sentencing schemes he also made the following disclosure in open court. He stated, these DUI penalties have become harsher and harsher ever since he had been practicing law (and by grey color of his remaining hair that appeared to be a long time). "However, my courtroom still stays full." He went on to say that "we all know" the new DUI penalties have not reduced the number of DUI cases but it is the law.  "Fair or not these are the laws I am required to follow."

Well it is not everyday a judge, in open court, makes such a candid admission.  Moreover, the judge's speech was absolutely correct about the Arizona DUI laws.  Those of who are involved in Arizona DUI cases, "all know" the math is wrong.  We all know, law enforcement included, raising penalties does not reduce the number DUI cases.  One reason is the real consequence of a DUI is not jail, but taking someone's life.  If that is not enough to stop someone from driving impaired, then long jail terms that no person really knows the specifics of (until after they are charged), certainly will not have a great impact.

However, I have an idea of what may work.  In part two of this post I make my case for how I believe we should address the problem.  That is, if we are serious about solving it - which I hope we are.


Lawrence Koplow

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High School Wrestling Coach Blows .241% BAC /maricopa-county-courts/maricopa-criminal-court/dui-arizona/high-school-wrestling-coach-blows-241-bac/ /maricopa-county-courts/maricopa-criminal-court/dui-arizona/high-school-wrestling-coach-blows-241-bac/#comments Tue, 03 Aug 2010 19:23:47 +0000 Fred

An Iowa City wrestling coach was arrested for driving under the influence in Iowa July 2 after driving the wrong direction on a divided highway. Brad Smith was traveling southbound in the northbound lanes of Highway 965 in Coralville around midnight, and headed directly toward a marked North Liberty Police squad car.

The officer noted Smith's bloodshot, watery eyes, lack of balance and slurred speech, and had him submit to a breath test. The results were a blood alcohol content of .241%, more than three times the legal limit. Smith also admitted to drinking.

Smith, 56, is a former national wrestling champion and a member of the Iowa Wrestling Hall of Fame. He was named national high school coach of the year in 1990. He has been with Iowa High in Iowa City since 1991, leading the wrestling squad to five state championships.

Smith was charged with drunk driving in Iowa and driving the wrong way on a highway. He has pleaded not guilty to all charges and is scheduled to appear in court on October 4. If convicted of DUI in Iowa, Smith faces up to one year in jail and a fine of up to $1500.

Do you need legal assistance with your Iowa DUI?

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The DUI With No Driving – Part 1 /maricopa-county-courts/maricopa-criminal-court/dui-arizona/the-dui-with-no-driving-part-1/ /maricopa-county-courts/maricopa-criminal-court/dui-arizona/the-dui-with-no-driving-part-1/#comments Wed, 21 Jul 2010 14:39:32 +0000 Lawrence Koplow http://duiblog.arizonaduicenter.com/2010/07/articles/dui-defenses/the-dui-with-no-driving-part-1/

 

DUI stands for driving under the influence. However, years ago Arizona, like many other states, changed its DUI laws to cover situations where the person was not actually driving. Instead, to be guilty of DUI, a person just needed to be "controlling" a vehicle. The classic example is the vehicle stopped in the middle of the road and the driver is passed out drunk. That is an obvious case of someone controlling a car without driving.

However, there are many situations, where it is not so obvious that a person is "actually controlling" a car. There has been a growing debate regarding as to what it means to be "controlling" a car in a DUI case. For example, people can legally use their car as a shelter after they have been drinking alcohol.  Someone who sleeps in their properly parked car after getting drunk is not "controlling" their car for purposes of Arizona DUI law. However, if they put the key in the ignition to turn on the air condition, does that action create a DUI? The Arizona Supreme Court Case recently attempted to end the debate in the case of State v. Zaragoza.

Zaragoza was convicted on an Aggravated DUI charge after he was found at an apartment complex:

•    Sitting in his car
•    The engine was off
•    His hand on the wheel, and
•    The keys in the ignition,
•    Alcohol in his system

Zaragoza claimed that he had no intention to drive, but only to sleep in his car. He claims the reason the keys were in the ignition was to roll down the window, and turn on the radio. 

He appealed his conviction based on the argument that the jury was provided inappropriate instructions regarding the law of actual physical control of vehicle.

The Arizona DUI statute does not define what “actual physical control” of a vehicle is, and there have been varying types of jury instructions on the meaning of this phrase through-out the courts. 

The Arizona Supreme Court took this case, and attempted to clarify the law’s definition. They stated that actual physical control has nothing to do with the intent of the driver to move or use the vehicle, but the actual and imminent danger to the him/her self or others at the time alleged to have control. This means that all facts must be looked at together in order to appropriately determine if there was an actual or imminent danger.

The Court also held that in this case, the instructions did not mislead the jury, but that they may have misstated the law. Because of the variations in instruction, and the result of Zaragoza's case, the Arizona Supreme Court decided to provide a new jury instruction for future cases.

The new instruction will be published in Part II of the blog post.

If you need assistance or additional information about an Arizona DUI case, please contact the Koplow Law Firm Online or by phone at (602) 494-3444.

Lawrence Koplow

 

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DUI stands for driving under the influence. However, years ago Arizona, like many other states, changed its DUI laws to cover situations where the person was not actually driving. Instead, to be guilty of DUI, a person just needed to be "controlling" a vehicle. The classic example is the vehicle stopped in the middle of the road and the driver is passed out drunk. That is an obvious case of someone controlling a car without driving.

However, there are many situations, where it is not so obvious that a person is "actually controlling" a car. There has been a growing debate regarding as to what it means to be "controlling" a car in a DUI case. For example, people can legally use their car as a shelter after they have been drinking alcohol.  Someone who sleeps in their properly parked car after getting drunk is not "controlling" their car for purposes of Arizona DUI law. However, if they put the key in the ignition to turn on the air condition, does that action create a DUI? The Arizona Supreme Court Case recently attempted to end the debate in the case of State v. Zaragoza.

Zaragoza was convicted on an Aggravated DUI charge after he was found at an apartment complex:

•    Sitting in his car
•    The engine was off
•    His hand on the wheel, and
•    The keys in the ignition,
•    Alcohol in his system

Zaragoza claimed that he had no intention to drive, but only to sleep in his car. He claims the reason the keys were in the ignition was to roll down the window, and turn on the radio. 

He appealed his conviction based on the argument that the jury was provided inappropriate instructions regarding the law of actual physical control of vehicle.

The Arizona DUI statute does not define what “actual physical control” of a vehicle is, and there have been varying types of jury instructions on the meaning of this phrase through-out the courts. 

The Arizona Supreme Court took this case, and attempted to clarify the law’s definition. They stated that actual physical control has nothing to do with the intent of the driver to move or use the vehicle, but the actual and imminent danger to the him/her self or others at the time alleged to have control. This means that all facts must be looked at together in order to appropriately determine if there was an actual or imminent danger.

The Court also held that in this case, the instructions did not mislead the jury, but that they may have misstated the law. Because of the variations in instruction, and the result of Zaragoza's case, the Arizona Supreme Court decided to provide a new jury instruction for future cases.

The new instruction will be published in Part II of the blog post.

If you need assistance or additional information about an Arizona DUI case, please contact the Koplow Law Firm Online or by phone at (602) 494-3444.

Lawrence Koplow

 

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Man Shoots Himself During Police Chase /maricopa-county-courts/maricopa-criminal-court/dui-arizona/man-shoots-himself-during-police-chase/ /maricopa-county-courts/maricopa-criminal-court/dui-arizona/man-shoots-himself-during-police-chase/#comments Mon, 12 Jul 2010 16:50:35 +0000 Fred

A Florida man suspected of driving under the influence in Kentucky led police on a 20 mile chase on Interstate 75. Troopers initiated a traffic stop at 7:00 am Sunday morning but the driver, Allan Mitchell, fled at speeds in excess of 95 miles per hour.

Mitchell stopped near mile marker 125 and, as troopers approached the vehicle, he shot himself. He then attempted to flee again, racing across three lanes of the highway before crashing into a concrete barrier. Mitchell was transported to a local hospital where he died.

During a search of Mitchell's vehicle, officers found seven pounds of marijuana, cash and drug paraphernalia. Had he survived, Mitchell would have been charged with Kentucky DUI, drug possession and evading arrest. He had warrants for his arrest on drug and traffic charges in Ohio and Florida.

Are you looking for leagal assistance from a Kentucky DUI attorney?

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Scottsdale DUI: Home Detention Is Here (Almost) /maricopa-county-courts/maricopa-criminal-court/dui-arizona/scottsdale-dui-home-detention-is-here-almost/ /maricopa-county-courts/maricopa-criminal-court/dui-arizona/scottsdale-dui-home-detention-is-here-almost/#comments Fri, 09 Jul 2010 14:14:41 +0000 Lawrence Koplow http://duiblog.arizonaduicenter.com/2010/07/articles/scottsdale-dui/scottsdale-dui-home-detention-is-here-almost/

I was in the Scottsdale City Court yesterday when I heard a Judge discussing the much anticipated Home Detention Program.  It appears that they have finally implemented the program.  Here are the minimum qualifications based on the information I was given at court.

  • The date of your offense must be after May 27, 2010; and
  • You must start your self-surrender date on or after October 1, 2010

There may be some exceptions to the time restrictions if your attorney can demonstrate a serious medical condition. Since the program is so new (as a matter of fact, several of the court clerks did not even know it had be approved yesterday) I am sure there will be some additional details and restrictions.  In addition, keep in mind: (1) admittance into the program is not automatic.  The judges have already hinted that not everyone will be receiving the benefit of this program; (2) there will still be an initial term of jail for anyone accepted into the program.  Thus, this program is for lengthier terms of incarceration.

If you need assistance or additional information about a Scottsdale DUI case, please contact the Koplow Law Firm Online or by phone at (602) 494-3444.

Lawrence Koplow

 

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I was in the Scottsdale City Court yesterday when I heard a Judge discussing the much anticipated Home Detention Program.  It appears that they have finally implemented the program.  Here are the minimum qualifications based on the information I was given at court.

  • The date of your offense must be after May 27, 2010; and
  • You must start your self-surrender date on or after October 1, 2010

There may be some exceptions to the time restrictions if your attorney can demonstrate a serious medical condition. Since the program is so new (as a matter of fact, several of the court clerks did not even know it had be approved yesterday) I am sure there will be some additional details and restrictions.  In addition, keep in mind: (1) admittance into the program is not automatic.  The judges have already hinted that not everyone will be receiving the benefit of this program; (2) there will still be an initial term of jail for anyone accepted into the program.  Thus, this program is for lengthier terms of incarceration.

If you need assistance or additional information about a Scottsdale DUI case, please contact the Koplow Law Firm Online or by phone at (602) 494-3444.

Lawrence Koplow

 

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Scottsdale DUI: Home Detention Update /maricopa-county-courts/maricopa-criminal-court/dui-arizona/scottsdale-dui-home-detention-update/ /maricopa-county-courts/maricopa-criminal-court/dui-arizona/scottsdale-dui-home-detention-update/#comments Thu, 10 Jun 2010 13:01:22 +0000 Lawrence Koplow http://duiblog.arizonaduicenter.com/2010/06/articles/scottsdale-dui/scottsdale-dui-home-detention-update/ While the City of Scottsdale has approved a home detention program, it has not released any of the program's details. The most anticipated detail is the start date. As of yesterday, the start date has not been released. There has been speculation that it may not start until the end of summer. However, no one really knows. As soon as the details become available I will post them here.

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While the City of Scottsdale has approved a home detention program, it has not released any of the program's details. The most anticipated detail is the start date. As of yesterday, the start date has not been released. There has been speculation that it may not start until the end of summer. However, no one really knows. As soon as the details become available I will post them here.

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