Legislation banning teens from using cellphones in their car for the first six months that they have a license has achieved its first few steps in becoming a law. The Arizona Senate approved the ban last week, reports the Associated Press.
]]> The legislation has changed slightly from its original proposal, however. The violation would now be a secondary offense, which means police would be required to stop drivers for another reason before investigating cellphone use, according to the Associated Press.Not to be outdone by the Senate, the House of Representatives’ House Transportation Committee passed a measure to ban all motorists from texting while driving, according to the Arizona Daily Sun.
The legislation imposes a $50 fine on anyone caught sending or receiving a message on a portable device while operating a vehicle in motion, which was called a distraction without equal by panel members, according to the Daily Sun. The ban, however, would not be enforced until 2013.
The legislature’s recent goal of fighting distracted driving comes on the heels of individual communities trying to combat the practice. Tucson became one of the most recent cities to consider a ban on cellphone use in the car.
Despite community support, however, bans such as the current ones now working its way through the legislature have not been successful in the past, especially in the House.
This year may be different though:
“Your right to text ends where my bumper begins,” Rep. Steve Urie told the Daily Sun. “And I really don’t want you plowing into me.”
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Super Bowl Sunday, one of the year’s biggest sports events in the country, is also reportedly one of the nation’s most dangerous impaired driving days, according to a press release from car insurance company GEICO.
During the 2010 Super Bowl Sunday, 48 percent of traffic fatalities reportedly were caused by alcohol impairment, according to the Insurance Information Institute.
]]> It’s not surprising then that many DUI task forces will be out in full force this Sunday. For example, Tri-City DUI Taskforce will be conducting saturation patrols to remind people to make good choices when celebrating and enjoying the game, reports The Daily Courier.If you are hosting a Super Bowl party, GEICO and the Insurance Information Institute offer the following tips:
One alternative you can offer your party guests is AAA. Last year, AAA offered a “Hail Mary” Tipsy Tow service which provides drivers and their passengers with a free tow and one-way ride to their destination up to 10 miles. The service began at 6 p.m. on Sunday and lasted until 6 a.m. on Monday.
Follow these tips, and you’ll definitely be ready for some football!
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Take, for example, former Phoenix police sergeant John Flanagan. Flanagan was arrested for felony DUI charges in March and fired from his job in August. Now, he could lose his police certification entirely because of his DUI conviction, reports The Arizona Republic.
]]> Flanagan faced felony DUI charges after he was caught driving under the influence while his two children, ages 5 and 7, were in the car in Surprise. A breath test revealed that he had a blood-alcohol content of 0.178 percent, more than twice the legal limit. Flanagan reportedly admitted to drinking “three drinks, each containing about three shots of bourbon” earlier that night, according to The Republic.The 13-year veteran of the Phoenix Police Department eventually pleaded guilty in October to two counts of aggravated DUI and one count of extreme aggravated DUI, which were downgraded to Class 1 misdemeanors in his plea bargain. He served 10 days in jail and received two years’ probation and 80 hours of community service, according to The Republic.
Three months later, Flanagan still has to deal with the consequences of his costly DUI mistake. The Arizona Peace Officer Standards and Training Board will be determining if it should completely strip him of his Arizona police certification.
Phoenix drivers should take Flanagan’s case to heart and seriously consider attempting to drink and drive, even if you think you are not intoxicated. The consequences of a DUI could have lasting effects on you and your family.
For more information on the serious consequences of an Arizona DUI, see our Related Resources section.
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Medical Marijuana DUI: Given the probable influx of medical marijuana, can drivers with medical marijuana licenses in Arizona be charged with a DUI if they are found to be driving while under the influence of the drug? The answer is yes - you can always be charged with driving under the influence of prescription drugs. Getting a license to use medical marijuana does not mean you have a license to drive while high.
Issues with Drugged Driving Convictions: Law enforcement often face difficulties when trying to get DUI convictions on drugged driving. One of the most significant difficulties in getting a DUI conviction for drugged driving is proving that the person is impaired. There is currently no standard measurement for marijuana impairment in Arizona. Now that the court has ordered the implementation of medical marijuana laws, hopefully the legislature will define what constitutes as marijuana impairment.
Drugged Driving Defense: Given the ambiguities surrounding drugged driving and medical marijuana, and the difficulties with proving impairment, you should consider speaking with an experienced DUI attorney if you have been arrested on suspicion of driving under the influence of marijuana. An attorney can provide DUI suspects with information on their rights under the constantly-evolving DUI laws and help prepare the appropriate defense.
For more information on Arizona medical marijuana laws and drugged driving, see our Related Resources section.
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Sean Bradlee Fain, co-owner of the Central Hockey League’s Arizona Sundogs and Fain Signature Group principal, was arrested on suspicion of driving under the influence this past Thursday, reports The Daily Courier.
Prescott Valley police officers said they were responding to a report of an impaired driver when they found Fain in a pickup truck with a flat tire near Highway 89A around midnight early Thursday morning.
]]> Fain allegedly had driven over a median, damaged bushes and trees, and fled the scene of the accident, according to a police report. Responding officers say they noticed that Fain was showing signs of intoxication, and his blood-alcohol content was later found to be approximately 0.150.Fain reportedly told police that he had just returned from a hockey game, and he had consumed alcohol earlier in the evening, according to The Courier.
Perhaps he was drinking away the Sundogs’ 2-1 shootout loss to the Wichita Thunder earlier that evening?
The Arizona Sundogs are the Central Hockey League affiliate of the National Hockey League’s Phoenix Coyotes, and are currently playing in their sixth season. Fain is not the first person associated with the Coyotes to be connected to driving under the influence in Arizona. Former Phoenix Coyotes goalie Nikolai Khabibulin did time in Sheriff Joe Arpaio’s infamous tent city for a drunk driving conviction.
Fain was charged with a DUI, leaving the scene of an accident, and criminal damage, which are all misdemeanors.
Like Khabibulin, Sean Bradlee Fain will likely need an experienced DUI attorney to defend him against the charges.
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Thirty-one-year-old Jessica Mae Wayas was accused of driving head-on into the truck of a 70-year-old man while under the influence of meth in March 2010. Shockingly, her two children, ages 5 and 6, were also in the car with her at the time and were injured in the accident.
Wayas’ problem with meth is one of the worst the prosecution and the judge have seen, according to The Courier.
]]> “We have a criminalist who will say (in a trial) he has never seen as high a level of methamphetamine as in this case,” Deputy County Attorney Steve Sisneros said in court.Wayas was indicted on nine counts, including three counts of using a motor vehicle recklessly to cause physical injury, two counts of injuring a child under 15, and two counts of driving while under the influence of drugs with minors in the vehicle.
If convicted on all charges, she could have faced a 119-year prison sentence, according to The Courier. In exchange for her guilty plea to four lesser charges, she will likely receive a reduced prison sentence.
Typically, defendants enter into a plea agreement in order to avoid a jury trial. Other benefits of defense plea bargains include the possible reduction in sentencing and the promise of resolving the issue quickly. Plea bargains may not always be in the best interest of the defendant, however, and an experienced criminal defense attorney can offer the best advice when facing such an agreement.
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State Sen. John McComish sponsored a bill that would completely ban teens from using cell phones in their car for the first six months that they have a license, according to azfamily.com.
]]> Thirty other states and the District of Columbia reportedly have similar legislation banning complete cell phone use for brand-new drivers, according to AAA.The state legislature has been unable to pass an outright ban on cell phone use by all drivers in the past, forcing some cities to consider and pass their own ordinances against distracted driving.
However, McComish’s bill may be successful - the Senate Committee on Public Safety and Human Services unanimously voted for it on Thursday, according to UPI. Part of the reason may be because it complements other restrictions on new drivers, such as preventing them from having more than one other teen in the vehicle during their first six months of driving.
However, the bill has to get through the House of Representatives, where many pieces of distracted driving legislation have died.
Despite this, legislators taking action against distracted driving may hopefully spread the word about the dangers of distracted driving and the dangers of using cell phones in vehicles.
“I don’t know when our vehicles became our entertainment centers, when they became our offices,” Maria Rich Wojitczak of Scottsdale driving school Driving MBA told azfamily.com.
For more information on distracted driving laws and public policy discussions, see our Related Resources section.
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A 41-year-old, unidentified man allegedly drove his Dodge Charger head-on into a Nissan carrying 46-year-old Elizabeth G. Acuna and an unidentified driver, according to Tucson police spokesman Sgt. Matt Ronstadt.
Acuna was killed in the collision, which occurred on Benson Highway, and a 26-year-old woman driving the Nissan suffered serious injuries.
]]> The driver of the Charger was also seriously hurt, and will likely face charges if he recovers. Authorities believe he was under the influence at the time of the crash. He was reported to have been involved in an earlier accident on South Tucson Boulevard in which he he lost control of his vehicle and hit a sign, a light pole and a fence. Instead of getting off the road, however, he drove the wrong way on the southbound lanes of Benson Highway before slamming into the Nissan, according to Ronstadt.Charges are currently pending, according to the Associated Press.
Besides the risk he took in losing his life, he could now risk spending a part or the rest of his life in prison if he is found guilty of causing the death of another person while driving under the influence. Drunk drivers can face vehicular manslaughter or even murder charges for causing the death of bystanders, passengers, or other drivers.
The charges depend on the severity of the situation and the extreme disregard of the driver. If prosecutors believe a drunk driver has shown a demonstrable lack of concern for human life, they could charge a person with second-degree murder which is punishable by at least 10 years in prison. For more information on the consequences of a felony DUI charge, see our Related Resources section.
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Advocates for Highway and Auto Safety claim that only South Dakota is worse than the Grand Canyon State when it comes to the number of state driving laws in effect, reports KTAR.com.
What could account for the extreme discrepancy?
]]> One point of contention is the lack of booster seat, motorcycle helmet and texting-while-driving laws in the state. Although some cities like Phoenix have approved a ban on texting-while-driving, the state as a whole currently does not outlaw the practice."Unfortunately many of the safety laws that would reduce deaths and injuries are simply not considered an urgent priority by our elected leaders," Jacqueline Gillan, president of Advocates, told KTAR.
State officials, however, note that Arizona's DUI enforcement has received excellent reviews in the past, and Arizona has a reputation of having some of the strictest DUI laws in the nation. Alberto Gutier, Director for the Governor's Office Highway Safety, added that 23,000 DUI offenders were arrested in 2011.
"While they're complaining that we are deficient, we are also receiving five star ratings from other organizations," said Gutier. "So I'm not sure where they are coming from."
Regardless of whether Arizona is the most or least effective in enforcing road safety, it's not an excuse to drive recklessly when on the road. The consequences of a DUI are still extremely serious, and receiving a DUI conviction could harm your reputation, your work and your freedom. For more information on Arizona DUI laws, see our Related Resources section.
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Twenty-eight-year-old Eden Lopez-Flores was pulled over by Mesa police at two in the morning on Sunday for a routine traffic stop when officers noticed tell-tale signs of intoxication.
Lopez-Flores reportedly admitted to drinking a few cans of Bud Light before driving, and officers found an open 12 ounce can from the "King of Beers" in his car.
]]> After reportedly failing several field sobriety tests and blowing a 0.214 on a Breathalyzer, Lopez-Flores was booked at the Mesa jail on charges of aggravated DUI, driving on a suspended license, false reporting, failure to have identification and having an open container in his vehicle.Arizona is known for having some of the toughest DUI laws and punishments in the nation. An open container violation alone is a class 2 misdemeanor punishable by a fine of up to $750 and up to four months in jail. On the opposite end, an aggravated DUI is a felony offense that is punishable by a minimum of thirty days in jail, license revocation for three years, the installation of an ignition interlock device, and increased fines and assessments.
Given the severity of charges against him, Eden Lopez-Flores will definitely need the services of an experienced DUI attorney for help with his criminal defense. An attorney can work to get the charges dismissed or reduced and ensure that the defendant's rights are being protected. More information on DUI laws can be found through our Related Resources pages.
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Both men were booked into Yavapai County jail on DUI and felony unlawful flight charges stemming from separate incidences in which they tried to flee from a DUI task force operating in the county, reports The Daily Courier.
]]> Scott Daniel Matheson was arrested on Friday, Dec. 30 on four counts of DUI and extreme DUI, one count of felony unlawful flight from law enforcement, and two felony counts of endangerment. He reportedly had a blood-alcohol level of 0.306 percent, nearly four times the legal limit.Police tracked down the twenty-seven-year-old after he allegedly forced an unmarked patrol vehicle off Robert Road. Matheson reportedly fled after the officers turned on their emergency lights and siren, but officers were able to track him down through his license plate number.
Officers arrested 42-year-old David Michael Roach on New Year's Eve after he tried to evade them when they attempted to pull him over for a traffic offense. Roach reportedly had a blood-alcohol level of 0.222 percent. Roach was booked into jail on charges of felony unlawful flight and four counts of DUI.
Both men's actions demonstrate the danger and futility of trying to evade the police once you are caught.
"These situations were made worse when the drivers did not stop for law enforcement, increasing the severity to felony charges," said Prescott Valley Police Sgt. Brandon Bonney.
Unlawful flight from a pursuing official law enforcement vehicle is a class 5 felony, which is punishable by a minimum of nine months in prison.
If you are pulled over by police on suspicion of DUI, you should comply with their orders. It's a better idea to fight the charges in court with the assistance of an experienced DUI attorney than to try to outrun the law.
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Last year, the alcoholic treat making the news was spiked whipped cream. This year, alcoholic frozen treats made the news. From Lee's Cream Liqueur Ice Cream Parlor serving ice cream with adult ingredients to news that alcoholic popsicles will soon be hitting store shelves, it was enough to reconsider the seriousness of "licking-and-driving."
2. Get used to hands-free.
Although Arizona is not one of the 35 states that currently bans texting while driving, recent reports from government transportation safety experts recommending a complete ban of all cellphone and personal electronics use in cars makes us think that hands-free will soon be the norm. You might as well start putting it into practice before it becomes law.
3. Celebrity-status can't get you out of a DUI arrest.
If Mark Grace, the first baseman for the Diamondbacks' 2001 World Series Championship team, couldn't get out of a DUI arrest, there's no hope for any other celebrity, (much less a mere mortal). Maybe they should avoid Scottsdale? Grace, Coco Crisp of the Oakland Athletics and former Coyotes goalie Nikolai "the Bulin Wall Khabibulin" have all been arrested for DUIs in the town.
4. No open containers!
No matter how many times Arizona residents search for news on open container laws, it still remains the same: no open containers of alcohol, empty or full, while you are in a vehicle, regardless of whether you are the driver or a passenger.
5. DUI enforcement is getting more efficient.
We've had several DUI crackdowns this year, the most recent of which occurred during the winter holidays. The Arizona DUI Holiday Task Force, aided by its shiny, new mobile DUI processing centers, netted over 4,000 suspected drunk drivers over the time period. Arizona authorities don't take DUIs lightly, and neither should drivers.
We've enjoyed covering all of the top Phoenix DUI stories for 2011, and we look forward to providing more coverage in 2012!
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The Governor’s Office of Highway Safety stated on Sunday that approximately 4,000 suspected drunk drivers have been arrested in the Grand Canyon State since the crackdown began on Nov. 24, reports KPHO.
Breaking the number of arrests down further, approximately 1,085 drivers were arrested for extreme DUIs and 385 people had been arrested for aggravated DUIs, according to the Office of Highway Safety’s press release.
]]> Extreme DUIs are charged against drivers who are found to have a blood-alcohol level greater than 0.15 percent. Those convicted of an extreme DUI face enhanced penalties, even it is your first offense. These include mandatory jail time of a minimum of 30 days, license suspension for 90 days, and $2,500 in fines and assessments.Aggravated DUI charges are felonies typically reserved for repeat offenders, but they can be charged against drivers for specific, enumerated reasons, such as having minor passengers in the vehicle at the time of the arrest. The consequences of a conviction include a minimum of 30 days in jail, license revocation for three years, and increased fines and assessments.
The high number of DUI arrests is the result of the efforts of the Arizona Holiday DUI Task Force, which ran until Jan. 1. Approximately 70 law enforcement agencies were enforcing traffic laws on New Year's Eve across the state, resulting in thousands of extra police officers on the road, according to Alberto Gutier, director of the Governor's Office of Highway Safety.
If you were one of the thousands of drivers arrested during the holiday DUI crackdown, you should consider speaking with a Phoenix DUI attorney, especially if you are facing such severe charges as an extreme DUI or aggravated DUI.
It's probably not a good sign for the rest of the year to start it off with a criminal record.
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Arizona’s DUI penalties will get slightly more lenient with the New Year, however, as new DUI laws go into effect, reports azfamily.com. But don’t expect penalties to get too soft.
Among the flurry of laws passed this year, a few dealt with the rights of and penalties against drunk drivers. One of those laws decreased the required time of installation interlock devices for first-time, non-extreme DUI offenders with a record of good behavior from a year to six months if they participate in an alcohol education program. Arizona is one of the few states to have required a one-year penalty.
]]> An ignition interlock device connects to a vehicle's starter and prevents the car from turning on until the driver passes a Breathalyzer test attached to the device.Critics, such as the anti-drunk driving advocacy group Mothers Against Drunk Driving, argued that six months is not long enough to teach convicted drunk drivers a lesson. State officials, however, believe the new sentence is fairer and still as effective.
"Those six months carry a lot of 'ifs,'" Alberto Gutier, the director of the Governor's Office of Highway Safety told azfamily.com. "You must behave properly, no crashes with any kind of property damage. You can only have two violations up to 0.08, anything after that you have to fill the whole year."
Further, ignition interlock devices can be financially burdensome for many drivers. Convicted drunk drivers must pay for the installation themselves which usually costs around $100. In addition, they must also pay around $80 per month to maintain the device.
Unfortunately, the more lenient law won't help the many drivers who have been arrested thus far for holiday DUIs since it doesn't go into effect until Jan. 1. If you have been arrested on suspicion of DUI, you should consider speaking with an experienced Phoenix DUI attorney. He or she will be able to provide more information about current and new DUI laws and how they affect your case.
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Perhaps their shiny, new mobile DUI processing centers have helped?
Regardless of the reason, Arizona authorities were in contact with more motorists than last year. Looking at the numbers between Nov. 24 and Dec. 24, authorities reported making 46,200 traffic stops compared to 33,395 in 2010. Out of those stops, 18,000 were arrested for non-DUI related citations such as speeding.
]]> Authorities also made more than 100 fewer DUI arrests this year than in 2010. Ninety percent of the DUI arrests were reportedly for DUI misdemeanors, according to The Republic. The average blood alcohol content for those arrested on suspicion of driving under the influence was 0.149, almost twice the legal limit of 0.08 percent.Underage DUIs still remain a problem for Arizona minors. Officers recorded 171 underage DUI arrests, up from 144 in 2010.
Alcohol was also likely a factor in the Christmas Eve wreck that killed 20-year-old Northern Arizona University student, Kyle Stein, reports The Republic.
"It's one thing to have someone die that young, but it was totally preventable," said Prescott Valley police Sgt. Brandon Bonney. "And to have it happen at Christmas, I think is particularly hard on the family."
Authorities are hoping their holiday DUI crackdown will prevent tragedies like the death of Kyle Stein. For more information on the Arizona DUI task force, see our Related Resources below.
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