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voxnewsonline · 2 years
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Mesa DUI Attorneys Support Changes In DUI Laws
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Being detained for a DUI can be frightening for the majority of people. Numerous Arizonans charged with DUIs do not have any previous experience with the criminal justice system and do not know what might happen to them.
The skilled Phoenix DUI Lawyers at Colburn Hintze Maletta can assist you understand the charges you deal with and guide you through the procedure. We are aggressive criminal defense lawyers who work hard to secure the best possible results for our customers.
We have actually detailed information about the various kinds of DUI charges, the penalties, and tested reliable DUI defenses below.
What Is A Basic or Routine DUI?
A basic DUI in Arizona can be charged under Arizona Statute ARS 28-1381(A)( 1) or (A)( 2 ). Under the (A)( 1) statute, you can be charged with a routine DUI if you have a blood alcohol concentration of 0.08% to 0.149% within two hours of when the police stopped you.
In addition, even if your BAC is below 0.08%, you can be charged with a DUI if you are impaired to the slightest degree by drugs or alcohol while driving or having real physical control of your car.
When you receive your citation for a first-time misdemeanor DUI, it is common to see both ARS 28-1381 (A)( 1) and ARS 28-1381 (A)( 2) noted.
Even if you are founded guilty of a very first basic DUI offense, the penalties can be severe. A very first standard DUI conviction includes a compulsory minimum jail sentence of 10 days. Nevertheless, if you finish an alcohol evaluation and classes, 9 out of the 10 days can be suspended.
In addition, you can be placed on probation for approximately 5 years if founded guilty of a novice standard DUI.
There are also minimum fines and assessments of $1,480, and your license can be suspended for a minimum of 90 days. You will have to install an ignition interlock gadget on your automobile from six months as much as one year and complete any alcohol classes that are bought.
The Arizona MVD will evaluate 8 points against your license and need you to finish a Traffic Survival School course if founded guilty of a routine DUI. A regular DUI charge can likewise include other expenses, consisting of automobile insurance premium boosts, SR-22 insurance coverage, vehicle impoundment costs, jail expenses, and others.
Read more at CHMLaw.com
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voxnewsonline · 2 years
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Regulator pushes railroads to speed up freight shipments
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Railroad Regulator Turns Up Heat on Industry to Fix Shipping Delays
The Surface Transportation Board, which oversees U.S. freight railroads, is considering tough rules to make rail companies share tracks and address slowdowns of freight shipments, The Wall Street Journal reported Sunday. The five-member board said something must be done to get needed shipments of raw materials to their destinations to keep the economy moving.
STB Chair Martin Oberman says the railroads cut workers to boost profitability before the pandemic, and now need to catch up. The railroads have said they are doing everything they can hire more workers and upgrade equipment, but face the same staff shortages that have been hampering other industries.
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voxnewsonline · 2 years
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Michigan judge ruled that county prosecutors can't enforce state's 1931 abortion ban
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Michigan judge blocks enforcement of pre-Roe abortion ban
A Michigan judge ruled Friday that county prosecutors could not enforce the state's 1931 abortion ban, Politico and the Detroit Free Press report.
"The harm to the body of women and people capable of pregnancy in not issuing the injunction could not be more real, clear, present and dangerous to the court," said Oakland County Judge Jacob Cunningham, describing the 1931 law as "chilling and dangerous." Cunningham also "seemed to ridicule arguments from conservative prosecutors seeking to enforce" the ban after the downfall of Roe v. Wade (1973), according to the Free Press.
An attorney for the Republican county prosecutors said they plan to appeal.
Michigan's Bureau of Elections is currently reviewing a petition for a ballot initiative that would enshrine abortion rights in the state constitution. If approved, the measure would appear on the ballot in November. Pro-life groups have challenged the petition on the grounds that it contains 60 typographical errors that create "strings of gibberish," including "DECISIONSABOUTALLMATTERSRELATINGTOPREGNANCY."
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voxnewsonline · 2 years
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Arizona Divorce Lawyer Discusses 2022 Changes in Divorce With or Without Children
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Details of Filing for Divorce in Arizona
If you and your spouse believe that you have reached the end of your marriage and want to file for divorce, getting help from an experienced family law attorney is critical.  Regardless of whether you will be going through a dissolution of marriage with or without children, a divorce lawyer can help you avoid mistakes that could potentially harm your future and interests.
In any divorce, there are multiple factors that each person needs to know about, and could use the help of a  that is compassionate and will stop at nothing until the client receives the best possible outcome.
Below is an overview of what to expect in a divorce without kids vs. a divorce with kids.
  Arizona Divorce without Children Involved
In an  if you and your spouse do not have any minor children (younger than 18), you might believe that your divorce will be relatively straightforward. However, even if you are divorcing without children, many issues still need to be resolved.
Some of the issues that might arise in a divorce without children include:
Spousal maintenance;
Property and debt division;
Who will retain ownership and responsibility for pets;
Whether a spouse desires to change their last name upon divorce;
How your divorce might impact your ability to retire
Thinking through these important issues and making a strategic plan to resolve them favorably is key to protecting your future interest after the divorce is finalized.
There are several ways to resolve a dispute without going through a divorce trial, including participating in mediation, pursuing negotiations informally, and partaking in the collaborative divorce process.
Having the assistance of an experienced divorce and property division attorney from Colburn Hintze Maletta can help you to resolve divorce-related issues and conflicts fairly while protecting your interests and preserving your potential ability to retire on time.
Below is a brief overview of each of the methods mentioned above that are out-of-court alternatives for dispute resolution.
*Note: If there are children involved in your divorce, please continue reading below. We discuss in detail the different elements.
  Arizona Private Mediation – Alternative to Family Court
In private mediation, both spouses meet with a trained and neutral third-party mediator. The mediator talks to each party (separately) about each issue in dispute and works to facilitate an agreement. In many cases that don’t involve children, mediation is an excellent
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voxnewsonline · 2 years
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Maricopa County judge finds police, prosecutors presented unfair, biased case to grand jurors
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PHOENIX — In a new ruling, a Maricopa County Superior Court judge found police and prosecutors presented a troubling, unfair, and biased case to grand jurors in order to obtain negligent homicide charges against a woman in the fatal traffic accident of Phoenix officer Paul Rutherford.
Judge Jennifer Ryan-Touhill remanded the case against Nubia Rodriguez back to the grand jury, essentially resetting the criminal proceedings.
“The State allowed their witness [Phoenix Detective Michael Davidson] to present evidence designed to evoke sympathy from the jurors to distract the Grand Jury on whether probable cause exists,” according to the judge’s order. “The court finds the State failed to present evidence to the Grand Jury in a fair and impartial manner.”
The Maricopa County Attorney’s Office now has less than two weeks to bring the case back to grand jurors. If prosecutors do not, the case will be dismissed.
Rodriguez was charged more than a year after the crash, which occurred on March 21, 2019.
Since the criminal charges, her defense attorneys have filed multiple motions alleging that Phoenix police and MCAO prosecutors used false testimony, faulty data, and cherry-picked evidence to obtain the negligent homicide count.
Judge Ryan-Touhill agreed with several of the defense’s arguments in her motion.
A significant issue highlighted by the judge is when Det. Davidson and prosecutors withheld clearly exculpatory evidence from Phoenix police’s own investigation that showed Rutherford stepped out into moving traffic without looking both ways.
According to the final report filed by the department’s traffic reconstruction expert, Alex Gibbs, “It needs to be considered that [Officer] Rutherford could have also avoided the collision if he had stopped and looked west down the two-way left turn lane prior to entering it.”
The judge ruled that omission was “critical.”
“Nowhere in his testimony does Det. Davidson acknowledge that Officer Rutherford failed again to look west into traffic before stepping into the two-way left turn lane.
This is critical.
Det. Gibbs’ statement regarding Officer Rutherford’s contribution to the incident is clearly exculpatory and the State should have presented it to the Grand Jury,” Ryan-Touhill wrote. She added, “If the Grand Jury was told that Officer Rutherford ‘could have also avoided the collision,’ the jurors may not have found probable cause that a crime was committed and Defendant committed that crime.”
Ryan-Touhill issued a similar rebuke to MCAO and Phoenix PD last year after ABC15 had exposed the two agencies colluded to falsely charge protesters as members of a made-up gang.
Jennifer Liewer Communications Director
Contact ABC15 Chief Investigator Dave Biscobing at <a
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voxnewsonline · 2 years
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Lawyer Talks About Rise In Criminal Defense Cases
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In the field of criminal law, there are a variety of conditions that will tend to negate elements of a crime (particularly the intent element), known as defenses. The label may be apt in jurisdictions where the accused may be assigned some burden before a tribunal. However, in many jurisdictions, the entire burden to prove a crime is on the prosecution, which also must prove the absence of these defenses, where implicated. In other words, in many jurisdictions the absence of these so-called defenses is treated as an element of the crime. So-called defenses may provide partial or total refuge from punishment.
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voxnewsonline · 2 years
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Colburn Hintze Maletta Expanding Services for Misdemeanor DUI Defense in Arizona
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With the passing of  in the November 2020 election, recreational marijuana is now legal in Arizona. Since marijuana use in Arizona by adults over the age of 21 is legal for both recreational and medical purposes, some people might be unaware that they can be charged with a DUI on marijuana if they are driving while impaired to the slightest degree.
Even though marijuana is now legal, it is still against the law if you “drive while high” – but there are numerous factors to determine whether or not a person is impaired.
If you are facing drugged driving charges, you should get help from an experienced  at Colburn Hintze Maletta.
What is a Marijuana DUI in Arizona?
Like alcohol, it is against  to use marijuana that has THC while in actual physical control of a vehicle and you can be charged with a DUI if you are impaired by it. Unlike alcohol, which has a per se limit of 0.08, the state does not have a per se limit for marijuana in your system.
Under , you can be charged with driving under the influence of marijuana if you are impaired to the slightest degree or when you have the presence of active marijuana in your system.
If you are younger than 21, you cannot drive with any amount of marijuana in your system whether or not your driving is impaired.
Unlike alcohol, there is no breath test available for marijuana. If an officer suspects that you were using marijuana while driving, you will be asked to consent to a blood test, or the officer will secure a warrant to draw blood from you for testing.
If you refuse to submit to a blood test, you will face administrative penalties on your license from the Arizona Department of Motor Vehicles. Under , all drivers in Arizona are deemed to have given implied consent for their breath, blood, or urine to be tested
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voxnewsonline · 2 years
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Top 12 Questions to Ask Your DUI Attorney in Phoenix -
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Some Super Secret Tips For Finding The Best Lawyers! So you need some legal representation do you? Dealing with lawyers can be quite the nightmare if you have never done it before. Often times, you may not even understand what they are saying. However, if you use the tips in the following article you can learn how to effectively communicate with your lawyer. Ask for a fee schedule from any lawyer you're considering. Fees can vary based on numerous factors, such as the lawyer's experience and demand. You need to be aware of how much you are going to pay, or at least a ball-park estimate, prior to hiring them. It's terrible to lose representation once your proceedings have started. Stay as organized as possible when you are working with a lawyer. This means that you should have all of the documentation in relation to your case on hand at all times. If you are unorganized, your lawyer can lose valuable time planning a strategy for your case, which may result in a loss. Everything you tell your lawyer has to be kept confidential. For instance, if you share a very personal matter that you do not want others to know, you do not have to worry because a lawyer is legally bound to not share this information with others. Dui Some cases require the assistance of a lawyer. Situations where it is crucial are those involving criminal charges, driving under the influence and when you have been implicated in another person's legal problems. Get in touch as soon as possible so they can
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voxnewsonline · 2 years
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Criminal Defense & DUI Attorneys - Best Law Firm
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What You Ought To Know About Lawyers Engaging the services of a lawyer is something that many people seem to dread. The fact is, however, that there are many attorneys who are qualified, talented and able to provide very valuable services. By reading the information that follows below, you will have what it takes to identify those practitioners and develop terrific relationships that can save you lots of time, money and hassle over the course of your life. A good tip to remember if you're thinking about hiring a lawyer is to take your time and make your search thorough. You shouldn't impulsively hire a lawyer just because you need one right away. There are so many lawyers out there, that you need to be selective to get the best one for you. When looking for a good lawyer, make sure to obtain personal references. Talking to the local community that have experienced issues similar to you. For instance, if you're a victim of sexual harassment, speak with a women's group. Ask them about the lawyers they had and what their experiences were like. Before beginning your research, seek the advice of the people you know. By speaking with friends, neighbors and family, you may be able to get a great suggestion on a lawyer that successfully dealt with a case of theirs. They may pay lots of benefits later and reduce your work. Dui There may be a time that you have no option but to get a lawyer. These include any cases where a crime is charged, or and other type of lawsuit. Find a la
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voxnewsonline · 2 years
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