WE ARE EXCITED TO ANNOUNCE THAT OUR FIRM HAS RELOCATED, EFFECTIVE IMMEDIATELY. THE NEW FIRM ADDRESS IS 722 E. OSBORN ROAD, SUITE 400, PHOENIX, ARIZONA 85014. INVITATIONS TO OUR OPEN HOUSE WILL BE SENT OUT IN THE VERY NEAR FUTURE.
Insurance companies (even your own) are NOT on your side!
January 20, 2013 | in UncategorizedComments Off on Insurance companies (even your own) are NOT on your side!
Immediately after you are injured in a motor vehicle collision, the insurance adjusters, insurance investigators, and insurance defense attorneys begin to work on limiting how much money their insurance company will have to pay you – the victim. Even though you were not at fault in the collision, the other driver’s insurance company may immediately send investigators to take photographs of the collision scene and the damages to both vehicles.
Next, the insurance adjustor (i.e., the individual from the insurance company who will decide how much money, if any, to pay to you) will begin preparing your case. It is their job to reduce the amount of money that their employer (the insurance company) will pay you. They often will immediately contact you in order to get a tape-recorded statement on the phone in order to minimize your reward. They will also offer you a small amount of money within 24-48 hours after a collision and will attempt to get you to sign a release waiving all future legal rights. The reason they do this is that most collision victims do not begin to feel the real pain until 48 hours after a collision.
Text Messaging
Current prohibitions:
• School bus operators may not use cell phones while driving.
• In Phoenix, drivers are prohibited from text messaging.
• The ordinance prohibits the use of personal digital assistants to send or receive a written message while operating a motor vehicle.
• Personal digital assistants refer to a wireless electronic communication device that provides for data communication other than by voice.
• This ordinance does not apply to law enforcement and safety personnel, drivers of authorized emergency vehicles, holders of commercial driver licenses while driving within the scope of their employment; public transit personnel; a person who is reporting reckless or negligent behavior; a person who believes they are in physical danger and is the only adult in the motor vehicle; communicating to the following regarding an emergency situation:
• An emergency response operator
• A hospital, physician’s office or health care provider
• A provider of ambulance services
• A provider of firefighter services
• A law enforcement agency
“Dangerous” Drug Charges
“Dangerous” Drug Charges
Possession of Dangerous Drugs for Sale: The term “dangerous drug” is defined under A.R.S. § 13-3401(6), and includes essentially all street drugs other than marijuana. Possession of dangerous drugs for sale is a more serious offense than possession of dangerous drugs for personal use. A prosecutor will attempt to prove that the drugs were possessed for sale by using evidence such as the quantity of drugs, the way the drugs were packaged, the presence of scales or ledgers, or other relevant evidence.
A conviction for possession of drugs for sale is a class 2 felony and will result in a fine of three times the value of the drugs, or $1000, whichever is greater. If the drug involved is not methamphetamine, and the total amount of drugs is less than the “statutory threshold,” probation may be available for a first offense
. See Statutory Threshold, below. If probation is granted, the defendant will be required to complete 360 hours of community service, and there is a possibility of up to one year in county jail.
If the amount of drugs is equal to or greater than the statutory threshold, probation is not available. In that case, if the drug involved is not methamphetamine, the sentence range for a first-offense conviction is generally 4 to 10 years in prison, although in exceptional circumstances, the sentence may be as short as 3 years or as long as 12.5 years in prison.
Offenses involving methamphetamine have separate, stricter sentencing guidelines. A first-offense conviction for possession of methamphetamine for sale will result in a sentence of 5 to 15 years in prison, and probation is not available, even if the amount of drugs is less than the statutory threshold.
In all cases, if a defendant has any prior felony convictions, a conviction for possession of dangerous drugs for sale can result in vastly increased punishment.
Possession of Marijuana
If you have been charged with a violation of A.R.S. § 13-3405(A)(1), in order to obtain a conviction, the State must prove that you knowingly possessed or used marijuana. A conviction under this statute is a class 4 felony if the amount of marijuana is more than four pounds, a class 5 felony if the amount is between two pounds and four pounds, and a class 6 felony if the amount is less than two pounds. If the amount of marijuana is less than two pounds, in some cases, the offense may be charged as a misdemeanor or reduced to a misdemeanor via plea agreement or order of the judge.
DUI General Information
Driving Under The Influence – Arizona DUI Laws
An Arizona DUI case will be charged as either a misdemeanor or a felony offense depending upon the particular facts of the case, the status of the defendant’s driving privileges and prior criminal history. Arizona’s DUI offenses are set forth in Arizona Revised Statutes §§ 28-1381, 28-1382, and 28-1383.
Misdemeanor Offenses: A.R.S. §§ 28-1381 and 28-1382
(1) DUI: A.R.S. § 28-1381(A)(1)
“DUI” means “Driving under the Influence” of intoxicating liquor (or drugs). The DUI charge involves a law enforcement officer’s suspicion the DUI suspect’s ability to drive is impaired. Although evidence of the subject’s Blood Alcohol Concentration (“BAC”) is relevant to the DUI charge, this offense does not require proof of a chemical test or evidence of the suspect’s BAC. This charge can be based solely upon the suspect’s (1) driving behavior, (2) physical appearance and performance on a field sobriety test, and (3) verbal admissions.
