What Does it Mean to be Charged with a DUI in Arizona?
Being pulled over for a DUI can be a scary experience. In Northern Arizona, driving under the influence of alcohol or drugs is a serious offense. As a zero-tolerance state, any amount of alcohol in your system makes you a drunk driver if you’re behind the wheel. Even if this is your first DUI or DWI, the penalties can be severe. While having a skilled attorney on your side is the best way to make sure you don’t lose your driving privileges or freedom if you’re caught driving drunk, knowing your rights can help you prepare yourself for your defense.
DUI Law Basics
While any amount of drugs or alcohol in your system while driving will carry consequences, there are levels that impact what your penalties might be. In Flagstaff, AZ, a standard DUI – which means a blood alcohol content or BAC of 0.08 – carries up to 10 days of jail time, over $1,000 in fines, and a possible suspension of your license for 90 days to one year for a first offense. The higher your blood alcohol content, the greater the penalties.
Defenses Against Your DUI
An attorney can look at the facts of your case and help you assess what your penalties might be – and what your defense options are. Here are a few common defenses Arizona attorneys use when fighting a DUI charge. Each case is different, as is each defense, but there are a few standards that your lawyer may consider.
Arguing You Were Not Impaired
Each test the government performs on a driver to determine sobriety has its limits. Sometimes, the stress of a situation can cause a sober person to fail a drunk driving test – a fact that can work in your favor if you were pulled over for a DUI. This can be an especially effective defense against charges relating to marijuana or cannabis.
Arguing Your Blood Alcohol Content Level was Safe
If your blood alcohol content was relatively low, it’s possible to argue that the amount of alcohol in your system did not impair your ability to safely pilot your vehicle.
Arguing You Weren’t the Driver of the Vehicle
If you weren’t pulled over while driving, it’s possible to argue that though you may have been in proximity to the car you were not the driver of the vehicle at any while intoxicated.
DUI and DWI cases are complex. An experienced attorney is your best way to avoid major charges and keep your driver’s license and freedom.
How Child Custody & Family Laws Work in Arizona
Child custody is a complex and delicate issue. Whether custody rights have been thrown into question by divorce, tragedy, or neglect it is important that the matter is handled in a seamless way to impact the family as little as possible. Regardless of if the kids end up with the father, mother, grandparents, or extended family, there are basic guidelines in place that help courts determine child custody privileges, and your divorce lawyer or family lawyer is a great resource for crafting your case.
Custody Law Basics
In Flagstaff, Arizona, custody and parental rights are nearly always determined by a judge. The judge looks at the history, character, finances, and living situations of the family members seeking parentage of the children and determines based on that which living situation will be in the best interest of the child. In instances where custody is called into question due to divorce or separation, often both parents will be awarded some level of guardianship in Arizona – barring any major concerns about their negative impact on their kids’ welfare.
Contributing Factors to Custody Rulings
There are a variety of factors Northern AZ judges use to inform their rulings. Prominent among these are:
If domestic abuse charges have been filed against one of the candidates for custody, this will greatly impact their chances of gaining rights to the child or children.
Substance Abuse & Criminal Record
Parents and family members with histories of substance abuse, including drugs and alcohol, and those with criminal records will be more heavily scrutinized by the courts regarding whether custody is awarded.
A safe, clean, and well-maintained home is likely going to benefit the child more than a living situation which may prove dangerous to their health or safety, meaning judges will consider these factors when selecting a primary parent.
If you and your family have custody concerns, an experienced Flagstaff attorney can help to ease the transition and settle the matter in the best interest of the child more efficiently. Contact attorney Vaughan S. Winborne today to learn about your rights and start to get your family life back to normal.
What is an Order of Protection?
Victims of assault, harassment, or domestic violence in the state of Arizona can take steps to keep themselves safe from their assailants by obtaining an Order of Protection. Orders of Protection, commonly known as restraining orders, prohibit abusers’ contact with their victims.
What an Order of Protection Is
In Flagstaff, an order of protection can be issued by the courts against an individual who has committed some form of assault against the filer. These are temporary injunctions, generally lasting for about a year, which a judge issues to keep distance between the victim or plaintiff and the defendant. Often, proximity and attempts at contact are strictly limited between the two parties for the duration of the protection period. Any violation of these injunctions is taken seriously by the courts, and will likely result in penalties and fines for the offending party.
How to File a Restraining Order
An experienced Northern AZ attorney is instrumental in helping victims complete the process of filing an order of protection. To prepare, however, there are a few things you should consider gathering so that you and your lawyer can review them and begin to build your case. Among these are records of any previous abuse or harassment, any documents containing threats or aggressive content, and any other evidence that may persuade a judge to believe that further contact from the opposing party may pose a threat to your safety and well-being. Next, you submit all available evidence to the court and the judge carefully reviews it before making a ruling.
Gathering the correct information to present to the courts is essential to obtaining a favorable ruling. An experienced Flagstaff, Arizona lawyer like Vaughan S. Winborne can help you to gather the evidence you need and compile it in a way that will work in your favor with the judge so you and your family can feel safe and protected again.