476 DUI Arrests Made Over Memorial Day Weekend
The number of DUI arrests over the Memorial day weekend were up substantially from last year. 476 total DUI arrests were made statewide, including 129 for Extreme DUI. Last year over the same period the numbers were 291 DUI arrests including 79 Extreme DUI arrests. If you have been charged with DUI or underage drinking offense, read my earlier post “Charged with DUI or Underage Drinking Offense, Now What?” here: http://vigilaw.com/?p=141 or call for a free consultation 602-443-0415.
John Vigileos
Vigileos Law Office, PLC
DUI Roundup Underway
A joint task force encompassing several Arizona law enforcement agencies has begun a roundup of DUI suspects that will go through the weekend.
Read the article here:
Right to counsel in DUI cases
If you are arrested for a DUI in Arizona, you will be asked to submit to a chemical test of the police officer’s choosing (blood, breath or urine). The officer will inform you that if you refuse to submit to the test your driving privileges in AZ will be suspended for one year under Arizona’s “Implied Consent” statute. This is true. So what should you do? Don’t refuse, but tell the officer in no uncertain terms that you would like to speak with an attorney to advise you on your decision. The Arizona Supreme Court has made it very clear that the officer must provide you with the opportunity to speak with an attorney prior to taking the chemical test if so requested, unless doing so would disrupt the investigation. If you don’t have an attorney in mind, the officer should provide you with access to a telephone and a telephone book and allow you a reasonable amount of time to locate an attorney. The denial of access to counsel in DUI cases is much more significant than in other types of criminal cases. An officer’s denial of your request to speak with an attorney after a DUI arrest, in most cases, should result in a dismissal of all DUI charges against you. You should always be polite and courteous with law enforcement, but you should tell them early and often that you want to speak with an attorney before answering any questions or submitting to any chemical tests.
52 arrested at Tempe sports bar for underage drinking
This latest round-up of 52 alleged underage drinkers at Tempe’s “Hail Mary” sports bar follows the arrest of 85 Tempe college age partiers at the Vue Apartments two weeks ago. For guidance on what to do if you are charged with DUI / DWI, Minor in Consumption, Minor in Possession, or any other alcohol related offense, read my earlier post here: http://vigilaw.com/?p=141.
Source: www.azcentral.com/community/tempe/articles/2009/09/15/20090915tr-hailmarys0915.html#comments
John Vigileos
Attorney at Law
(602) 443-0415
Charged with DUI or Underage Drinking Offense, Now What?
Most people charged with alcohol related offenses have no experience with the criminal justice system and have no idea what their options are. Usually, a number of vaguely articulated questions swirl through your mind as your first court date approaches: How serious is this? Will the court give me an attorney? Should I hire my own attorney? Do I have to plead guilty at the first court hearing? If I don’t plead guilty, are they going to be harder on me? Am I going to jail? The answers to these questions may vary according to the specific charges and the facts of your case. But, having an attorney on your side is always the best option, and, for those who are able, hiring a competent private attorney is your safest bet.
In all Arizona DUI cases you are entitled to a court appointed attorney if you cannot afford to hire your own attorney. In some courts, the standard practice is to provide you a waiver form to sign, giving up your right to an attorney. This is never a good idea, but many people do it because they feel confused and intimidated that exercising their rights will somehow make things harder on them. Sometimes, a court appointed attorney may seem not much better than no attorney at all, because they are invariably very busy and hard to get ahold of. Still, they are better than no attorney at all. At the very least, your court appointed attorney should be able to detect any glaring deficiencies in the State’s case against you. Rarely, however, do they have the time or resources to engage in the extensive discovery process that is necessary in order to ensure the best result in your DUI case. Also, your court appointed attorney will be strictly limited to helping you with the criminal aspect of your DUI case, but not the associated civil/administrative issues related to your driving privileges. The other common complaint with court appointed attorneys is that they are very hard to get a hold of. A full service private attorney can handle all aspects of your DUI case, including MVD administrative hearings, and should always be accessible to answer your questions. Hiring a private attorney is not always a guarantee that your case will be dismissed or that your attorney can obtain a plea agreement to something less than a DUI in all cases. A good attorney can and should thoroughly vet your case and exploit every weakness in the evidence against you, leaving no stone unturned. In many cases, this diligence can result in a dismissal, a plea agreement to a lesser offense, or an acquittal at trial, but each case will have its own issues and unique facts, and there are no guarantees. For many, just the security of having a professional attorney on your side — someone who answers your calls, walks you through the process, and buffers you against compassionless prosecutors and judges, is reason enough to justify the cost of private counsel.
Underage Drinking Offenses, such as Minor Liquor Consumption (MIC), Minor in Possession of Alcohol (MIP) are not usually as serious as a DUI offense. However, Underage Drinking and Driving carries a substantially harsher driver’s license suspension requirement than a DUI offense. Usually, you are not entitled to a court appointed attorney for these types of offenses. If you do not hire an attorney, you will be dealing directly with the prosecutor, which puts you at a distinct disadvantage — he/she knows the law and you don’t. Again, hiring a private attorney is not always a guarantee of any particular result, but a good attorney will give you the peace of mind to know that you have achieved the best result.
John Vigileos
Attorney at Law
(602) 443-0415
Labor Day Task Force Nets Nearly 1,000 DUI Arrests
The multi-agency DUI task force operating in Phoenix and the East Valley has made nearly 1,000 arrests through September 5. 315 of the arrests are reported to be for Extreme DUI and 106 for Underage DUI or Underage Drinking and Driving. The task force will end tomorrow. Of course you should always drink responsibly and you should never drive if you are impaired by alcohol. But if you are ever questioned by a police officer who suspects you of driving while impaired, it is important that you protect your rights. The ONLY information that you should provide the police before consulting an attorney is your name and state issued identification, registration and proof of insurance. DO NOT voluntarily submit to any tests UNTIL you have been given the opportunity to call your attorney. If you are being investigated for possible DUI tell the police the following:
1) I DO NOT want to answer any questions or speak with you without my attorney present.
2) I DO NOT want to take ANY tests UNTIL I have had an opportunity to call my attorney for legal advice. EMPHASIZE: I am not refusing the tests, I just want to consult my attorney FIRST.
3) I WILL NOT consent to a search of my person, my car, my home, or my property.
John Vigileos
Attorney at Law
(602) 443-0415
Fox News Video on “ASU Party Patrol”
Link here to a peice by local Fox news affilliate on reactions to the crackdown on student partying near the ASU campus.
As of Saturday, 780 arrested in DUI Task Force
According to news reports, 780 arrests have been made so far as a result of the Labor Day task force going after suspected impaired drivers. The task force began on August 21 and ends September 7 after the Labor day weekend. 266 of those arrested have been charged with Extreme DUI (above .15 BAC) and seventy-four have been charged with Underage DUI. Extreme DUI carries a mandatory minimum 30 day consecutive jail sentence. Underage DUI carries an additional penalty above and beyond the mandatory penalties for a regular DUI of a two year license suspension.
Labor Day DUI Sobriety Checkpoints and Your Rights
The East Valley DUI Task Force will be in force day and night this Labor Day Weekend. Driving while impaired is a serious public safety issue. You should always drink responsibly, and never drive while impaired by alcohol at other drugs. But your Constitutional Rights are also important. If you are stopped by a police officer this Labor Day Weekend, you should safeguard those rights. The ONLY information that you should provide the police before consulting an attorney is your name and state issued identification, registration and proof of insurance. DO NOT voluntarily submit to any tests UNTIL you have been given the opportunity to call your attorney. If you are being investigated for possible DUI tell the police the following:
1) I DO NOT want to answer any questions or speak with you without my attorney present.
2) I DO NOT want to take ANY tests UNTIL I have had an opportunity to call my attorney for legal advice. EMPHASIZE: I am not refusing the tests, I just want to consult my attorney FIRST.
3) I WILL NOT consent to a search of my person, my car, my home, or my property.
John Vigileos
Attorney at Law
(602) 443-0415
Police to step up Labor Day DUI patrols
by Jim Walsh – Sept. 3, 2009 09:45 AM
The Arizona Republic
East Valley police are hoping to eliminate fatalities and serious injury accidents over the Labor Day weekend through aggressive enforcement of Arizona’s tough drunken driving laws.
Police are planning saturation patrols and sobriety checkpoints at a variety of locations throughout the Southeast Valley. Day and night operations are planned Friday through Monday.
Read Full Story Here: http://www.azcentral.com/community/tempe/articles/2009/09/03/20090903mr-dui0904.html
ASU Students: What to do and NOT to do When Detained by Campus Police
Well, the ASU semester is in full-swing and Tempe PD is out in force. Tempe Municipal Court is being flooded with the first new wave of Underage Drinking charges — MIC, “Minor in Consumption” or “Minor Liquor Consumption”; MIP, “Minor in Possession” and Underage DUI charges. There is a common misperception, perpetuated by campus police, that the Constitution does not apply to college students on Friday and Saturday nights. If you are at a social gathering and the police detain you the ONLY information that you should provide the police before consulting an attorney is your name and state issued identification. If driving, you must also provide registration and proof of insurance.
When detained by the police, DO NOT voluntarily submit to any tests UNTIL you have been given the opportunity to call your attorney. Tell the police the following:
1) I DO NOT want to answer any questions or speak with you without my attorney present.
2) I DO NOT want to take ANY tests until I have had an opportunity to call my attorney for legal advice.
3) I WILL NOT consent to a search of my person, my car, my home, or my property.
John Vigileos
Attorney at Law
(602) 443-0415
Arizona court ruling: DUI blood test requires warrant or consent
Sept. 1, 2009 11:55 AM
Associated Press
A new Arizona court ruling says authorities must obtain a search warrant to conduct a blood test of a DUI suspect unless the suspect clearly consents to have blood drawn. The state Court of Appeals
ruled Tuesday that it wasn’t enough under state law that a man apparently didn’t object when officers moved to take a blood sample while in a police DUI van. The court notes that the law in question is called “implied consent” because drivers are subject to a civil driver’s license suspension if they refuse to have blood drawn. But the ruling says motorists clearly still have the right to withhold consent for a warrantless search.
Full story: http://www.azcentral.com/news/articles/2009/09/01/20090901dui-bloodtest01-ON.html
Read the Opinion here: http://www.cofad1.state.az.us/opinionfiles/SA/SA090042.pdf
DUI Enforcement for ASU Coincides With the Start of the School Year
Drinking and driving is a serious offense, and a DUI conviction can ruin an academic career. Always choose a designated driver or call a cab. Enforcement in and around ASU will be extra heavy right now.
TEMPE, AZ — Several East Valley police departments will have extra officers on the streets in and around Tempe this weekend as they kick off a DUI enforcement to coincide….Read the full story here:
Tempe DUI enforcement kicks off start of ASU school year – Phoenix Arizona news, breaking news, local news, weather radar, traffic from ABC15 News | ABC15.com
