Zickerman Law Office in Flagstaff

DUI in a Non-moving Vehicle?

admin — Wed, 30 Jan 2013 07:00:53 +0000

DUI (Driving Under the Inluence) charges are viable even if the vehicle is not moving. Aside from the many factors that go into the charging decision for a DUI, (including but not limited to bad driving, a person’s performance on field sobriety tests (a/k/a FTS), demeanor, slurred speech, and the smell of alcohol on a person), the officer(s) will also determine if a person was in “actual physical control” of a vehicle by whether the vehicle is moving or running, its current location, who is in the vehicle, and how long has it been running or since it had been running. The use of all of these factors will determine whether a person will or will not be charged with DUI.

In cases where the named defendant had slept in his vehicle after leaving the bar, but before doing so turned on the vehicle to run the heater for a bit, bring forth this very question of whether he was in actual physical control of the vehicle even though he did not drive anywhere. The law holds that a person cannot drive or be in actual physical control of a vehicle while under the influence of alcohol, drugs or vapor releasing substance, or a combination of these, to the slightest degree.payday loans Under the letter of the law, he could be arrested and cited for DUI. The need to hire an experienced attorney is greater than ever in any DUI situation, but especially in this one.

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Fight the Ticket?

admin — Sun, 20 Jan 2013 07:00:53 +0000

Question: Should I fight this traffic ticket: I was riding
my dad’s motorcycle and a friend was riding his motorcycle. The officer pulled
him over, and I stopped along with them. The officer asked for my information
as well. In doing so, he saw that I did not have a motorcycle endorsement. He
cited me for riding a motorcycle without an endorsement, but wrote some of my
friend’s information on the ticket. What should I do?

Answer: You may not be able to get it dismissed completely,
but you may be able to mitigate the ticket by obtaining your motorcycle
endorsement after the fact. Showing that endorsement to the prosecutor may
cut you a break (by lowering the fine, deferring the matter, diversion, or some
combination thereof) on the ticket. You may be able to argue to the judge that
the officer was confusing you two about the incident; this brings forth
identity as an issue to the case. However, this may not win the day. Simply
put, if you were driving your dad’s motorcycle, without a motorcycle
endorsement, then you are strictly liable for the crime even if the officer
placed the wrong information on the ticket. Obtaining a lawyer may help you
mitigate this act with the prosecutor.

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Out of State Warrant

admin — Mon, 11 Oct 2010 19:27:53 +0000

Question: I have an active warrant out of another state.viagra I was arrested in Phoenix, Arizona, but the officers let me go since the warrant said it would not extradite from Arizona. What if I go to another state? Then what?

Answer: It really depends on what the issuing state has authorized as part of their willingness for extradition. In Arizona, there are common practices for “in-state” warrants, adjacent state warrants (California, casino Nevada, Utah, Colorado, and New Mexico), and national warrants. There can be other restrictions, for example, in-state and/or not to exceed 150 miles from issuing jurisdiction. So, the fact that Phoenix police released you does not impact what another state may or may not do. Everything is based upon what the issuing jurisdiction has authorized. You may want to contact an attorney in that area about quashing the warrant and handling that case.

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Absconded from Probation?

admin — Mon, 11 Oct 2010 19:27:53 +0000

Recently, I was asked, “I was placed on probation and
then absconded from probation. Can the judge sentence me worse than what he
originally did? And, where do I turn myself in”

Answer: You can turn yourself into any law enforcement
agency. If the warrant requires extradition, and the Court authorized it, then
you will be transported back. Be forewarned, that some jurisdictions require
the person being transported to pay for the transport. So, if you are in the
same jurisdiction as the court that issued the warrant, then the costs may not
be applicable to you. Generally, time casino online nl on warrant status (for absconding on
probation) will not be credited towards any sentence.buy viagra Additionally, the Court
can impose jail as a term of the violation, or could simply revoke your
probation and sentence you to a term of incarceration in prison

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