Matthew Lopez Law, PLLCMatthew Lopez Law, PLLC2024-03-15T10:14:27Zhttps://www.matthewlopezlawyer.com/feed/atom/WordPress/wp-content/uploads/sites/1101671/2020/02/Matthew-Lopez-Law-75x75.jpgOn Behalf of Matthew Lopez Law, PLLChttps://www.matthewlopezlawyer.com/?p=704112024-03-11T20:26:02Z2024-03-11T20:26:02ZAggravated DUI
Aggravated DUI occurs when certain aggravating factors exist in addition to driving under the influence. These factors may include driving on a suspended or revoked license or having multiple DUI convictions within a specified period. A DUI while a child under 15 years old is in the car may also fall under this umbrella. Aggravated DUI is a felony offense in Arizona. As such, it carries harsher penalties than standard DUI charges. The severity of the penalties depends on several factors. The specific circumstances of the case and the defendant's prior criminal history are among them.
Extreme DUI
Extreme DUI refers to driving with a blood alcohol concentration of 0.15% or higher. While a standard DUI charge carries its own set of penalties, extreme DUI offenses entail steeper consequences due to the driver’s elevated BAC level. In Arizona, extreme DUI is typically a misdemeanor. However, the penalties can still include fines, license suspension, mandatory alcohol education or treatment programs and even jail time.
Understanding the distinctions between aggravated DUI and extreme DUI is helpful for anyone facing DUI charges in Arizona. By familiarizing themselves with the specific elements of each offense, individuals can better navigate the legal process and work toward achieving the most favorable outcome.]]>On Behalf of Matthew Lopez Law, PLLChttps://www.matthewlopezlawyer.com/?p=703762024-02-22T18:39:27Z2024-02-26T18:39:03ZTraffic violation tickets
Tailgating is typically a traffic violation, and law enforcement may issue tickets to the driver responsible. The severity of the ticket may increase if the tailgating results in a serious accident.
Points on driving record
Convictions for traffic violations often result in adding points to the driver's record. Accumulating too many points within a specific period can lead to license suspension or other consequences.
Insurance consequences
A serious accident caused by tailgating can lead to increased insurance premiums or even the cancellation of the driver's insurance policy. Insurance companies may view the driver as a higher risk, and this can affect rates for an extended period.
License suspension or revocation
In some cases, the state may suspend or revoke the driver's license. First-time offenses may garner a 30 to 90-day suspension while repeat offenders may face more serious and long-term consequences.
Legal liability
Courts may hold the driver who was tailgating legally liable for the damages resulting from the accident. This can include medical expenses, property damage and other costs.
Fines and punishment
A charge of following too closely under Arizona statute 28-730 may result in a fine and points on auto insurance. However, if a driver's behavior results in a charge of reckless driving under ARS 28-693, the consequences may include up to four months in jail, higher fines and license suspension.
Civil lawsuits
In addition to any criminal or traffic penalties, the driver may also face civil lawsuits from other parties involved in the accident. This could result in further financial consequences.
Specific legal outcomes depend on the details of the accident, local laws and the decisions made by law enforcement, prosecutors and the court system. In any case, tailgating is dangerous, and maintaining a safe following distance is always advisable to prevent accidents and ensure road safety.]]>On Behalf of Matthew Lopez Law, PLLChttps://www.matthewlopezlawyer.com/?p=703732024-02-03T22:05:29Z2024-02-09T22:05:22ZPossession of dangerous or narcotic drugs
Possession of certain types of drugs automatically classifies the offense as a felony. Dangerous drugs and narcotic drugs include substances like heroin, methamphetamine, cocaine, LSD and ecstasy. If an individual has even a small amount of these substances, he or she could face felony charges. Such charges lead to more severe legal consequences.
Possession of certain quantities
In addition to the type of drug, the quantity in possession can also help determine whether a drug possession charge becomes a felony. Arizona has specific thresholds for drug quantities. Exceeding these limits can result in felony charges. The intent to sell or distribute drugs, indicated by possession of a larger quantity, often leads to more severe legal repercussions.
Prior convictions and aggravating factors
A history of prior drug convictions can also elevate a current drug possession charge to a felony. Repeat offenses indicate a pattern of involvement with controlled substances. As a result, the legal system imposes harsher penalties. Certain aggravating factors, such as possessing drugs near a school, can also escalate the offense to a felony level.
Knowing the circumstances that lead to felony charges gives individuals facing drug charges a better sense of what is at stake. It also helps them make informed decisions when it comes to substance possession and use.]]>On Behalf of Matthew Lopez Law, PLLChttps://www.matthewlopezlawyer.com/?p=703702024-02-03T22:04:23Z2024-02-04T22:03:46ZReckless driving defined
Arizona law identifies reckless driving as a willful or wanton disregard for the safety of persons or property. Speeding significantly over the limit, aggressive driving and weaving in and out of traffic are common behaviors that may lead to reckless driving charges. Even engaging in activities like texting while driving, which distracts from the road, can be reckless.
Legal consequences of reckless driving charges
A reckless driving conviction brings forth legal ramifications. Penalties may include fines, license suspension and mandatory traffic school. In some cases, individuals may face imprisonment. The severity of consequences escalates with repeated offenses. This emphasizes the importance of responsible driving habits.
Impact on insurance and driving record
Reckless driving charges can spike insurance premiums, making coverage more expensive or even leading to policy cancellations. Depending on the insurer, you could see an annual increase of up to $1,767. Additionally, these charges stain one's driving record. This can affect future opportunities. Employers and institutions often review driving records. A reckless driving conviction can hinder job prospects or academic pursuits.
If facing reckless driving charges, individuals have options to contest the allegations. Presenting evidence that challenges the prosecution's case, such as eyewitness accounts or technological data, can be instrumental in defending against these charges.]]>On Behalf of Matthew Lopez Law, PLLChttps://www.matthewlopezlawyer.com/?p=703682024-02-03T22:02:26Z2024-02-03T22:02:26ZUnderstanding license suspension
Common reasons for a license suspension include reckless driving, DUI convictions or even failing to pay fines. When a license is under suspension, it means that all of the license holder's driving privileges are temporarily revoked.
The consequences of driving on a suspended license
Driving on a suspended license, even during an emergency, can have severe repercussions. Arizona legal statutes define this action as a class 1 misdemeanor. If caught, it may result in extended suspension periods, fines or even imprisonment.
Emergency situations and the law
While emergencies can be stressful and may tempt one to ignore a suspended license, the law does not typically provide exemptions for such situations. Authorities understand emergencies happen, but their primary concern remains public safety. It is typically best to explore alternative transportation options during emergencies. Public transportation, rideshare services or seeking assistance from friends and family are viable options that can help you navigate through challenging situations without violating the law.
Driving on a suspended license, even during an emergency, is not a legally justifiable act. The potential consequences, both legally and for public safety, make it worth considering alternative means of transportation in such situations.]]>On Behalf of Matthew Lopez Law, PLLChttps://www.matthewlopezlawyer.com/?p=703662024-02-03T22:01:20Z2024-02-03T22:01:20ZProbable cause and the Fourth Amendment
The Fourth Amendment of the United States Constitution safeguards citizens against unreasonable searches and seizures. For a search to be legal, law enforcement typically needs probable cause or a warrant. However, there are exceptions, and one possible exception involves drug-sniffing dogs.
Reasonable suspicion
When a police officer stops a vehicle, they must have reasonable suspicion that a crime has occurred or is in progress. Maricopa County defines reasonable suspicion in the context of a traffic stop as a common-sense conclusion based on facts or circumstances that a crime took place or is taking place. If an officer has a valid reason to believe there are drugs in the car, for example, they can deploy a drug-sniffing dog without obtaining a warrant.
The sniff test
A drug-sniffing dog's ability to detect illegal substances is often referred to as a "sniff test." The Supreme Court has ruled that this type of non-intrusive inspection does not violate the Fourth Amendment, as it does not require a physical search of the vehicle. The dog's keen sense of smell determines if further investigation is appropriate.
Extended stops and constitutional limits
While a brief traffic stop and a drug-sniffing dog inspection are generally deemed constitutional, a prolonged stop without reasonable suspicion of drug-related activities may violate the Fourth Amendment. If an officer unnecessarily extends the duration of the stop without valid grounds, it may lead to legal challenges.
The use of drug-sniffing dogs during a car search is legally permissible when there is reasonable suspicion of illegal activities. Understanding your rights and the legal parameters surrounding these situations empowers you to competently navigate encounters with law enforcement.]]>On Behalf of Matthew Lopez Law, PLLChttps://www.matthewlopezlawyer.com/?p=703642024-02-03T21:59:44Z2024-02-03T21:59:44Z1. Document the traffic stop
The first step in challenging a DUI charge is to carefully document the details of the traffic stop. This includes noting the reason for the stop, any notable actions by law enforcement and the presence of any witnesses.
Keep that law enforcement officers must have a valid reason to pull you over. If there were issues with the stop, such as a lack of probable cause, you can use these details to challenge the legality of the entire arrest. Documenting the stop in as much detail as possible, including the time, date and location, can be valuable in building a strong defense.
2. Challenge the field sobriety tests
Field sobriety tests are commonly used by law enforcement to assess a driver's level of impairment. However, these tests are not foolproof. It is important to remember that various factors, such as weather conditions and physical health, can impact an individual's ability to perform these tests accurately.
Make a note of any external factors that may have influenced your performance on the field sobriety tests. For instance, uneven terrain or poor lighting could have affected your ability to balance or follow instructions. If the conditions were less than ideal, you may argue that the results of the tests do not accurately reflect your level of impairment.
3. Question the breath test results
Breath tests are often considered strong evidence in DUI cases, but they are not infallible. You have the right to question the accuracy of the breath test and bring to light any factors that may have influenced the results. Medical conditions, certain diets or even recent use of certain mouthwashes can impact the accuracy of a breath test reading.
Reports indicate that there were 716 DUI-related deaths in Arizona in 2020. While Arizona is among the deadliest states in terms of drunk driving accidents, that does not mean that every person arrested under DUI charges is guilty. You have the right to challenge the DUI charges against you and prove your innocence.]]>On Behalf of Matthew Lopez Law, PLLChttps://www.matthewlopezlawyer.com/?p=703482023-12-06T02:58:30Z2023-12-06T02:58:30ZInsurance premium surges
An immediate consequence of an Arizona DUI is a sharp increase in car insurance premiums. Insurance providers view individuals with a DUI conviction as high-risk drivers. This results in a significant spike in the cost of coverage. This increase can continue for several years. It can also affect financial stability and make car ownership more expensive.
Risk assessments
Insurance companies calculate premiums based on risk. A DUI conviction is a red flag indicating a higher likelihood of accidents or violations. The risk assessment considers the increased probability of future incidents related to impaired driving. As a result, insurance providers adjust premiums to mitigate the potential financial impact of covering individuals with a history of DUI offenses.
Potential policy cancellations
Some insurance providers in Arizona may choose to cancel policies altogether for individuals with a DUI conviction. In such cases, finding alternative coverage becomes challenging. Policy cancellations can also lead to lapses in coverage, exposing individuals to legal and financial risks.
Insure.com reports that an Arizona DUI raises annual auto insurance premiums by an average of 145%, or $2,204, per year. This sharp spike highlights the importance of making informed decisions and taking proactive steps to address the aftermath of impaired driving convictions.]]>On Behalf of Matthew Lopez Law, PLLChttps://www.matthewlopezlawyer.com/?p=703272023-11-20T19:55:56Z2023-11-20T19:55:56ZArizona's shoplifting laws
Shoplifting is a type of theft, and the severity of the consequences depends on the value of the stolen items. If the total value is less than $1,000, it is a Class 1 misdemeanor. However, if it goes over $1,000, it becomes a Class 6 felony.
Programs for juvenile offenders
This state emphasizes rehabilitation over punishment for juvenile offenders. There are diversion programs designed to address the reasons behind a teenager's shoplifting behavior. These programs may include counseling, community service or educational courses. Successfully completing these programs can lead to a more lenient outcome for the young offender.
Consequences for repeat offenses
If a juvenile commits multiple shoplifting offenses, the legal consequences become more serious. Further offenses may result in more strict interventions, such as placement in a juvenile facility. It is key for parents to take proactive steps in addressing the underlying issues to prevent a pattern of repeated offenses.
Parental responsibility
The law may also hold parents responsible for their child's shoplifting. If it's proven that a parent knew or should have known about their child's tendency to shoplift, they may have to pay for the stolen items.
While juvenile incarceration is a possibility for shoplifting in Arizona, the state emphasizes rehabilitation. Parents play a huge role in steering their children away from shoplifting and ensuring their participation in diversion programs if needed.]]>On Behalf of Matthew Lopez Law, PLLChttps://www.matthewlopezlawyer.com/?p=703102023-11-06T19:56:31Z2023-11-06T19:56:30ZPossession of controlled substances
Possession of cannabis, methamphetamine, cocaine and other controlled substances is illegal in Arizona. The possession law also applies to prescription drugs without a valid prescription. In general, a first-time offense can lead to probation, drug counseling or jail time.
Subsequent convictions result in more severe penalties. Drug crimes committed near a school, school bus or school property are also subject to enhanced penalties. Possession of paraphernalia used for manufacturing, distributing or using controlled substances is a separate charge.
Drug trafficking and distribution
These crimes involve the sale, transportation, manufacturing or distribution of illegal drugs. Penalties for drug trafficking can lead to lengthy prison sentences and substantial fines. The exact sentence will vary depending on the type and quantity of drugs involved. Additionally, the chemicals used in drug production can result in environmental violations, compounding the legal consequences.
Prescription drug fraud
Drug fraud charges include illegally obtaining prescription drugs, forging prescriptions or "doctor shopping" for drugs. Penalties for prescription drug fraud may include fines, probation and jail time.
According to the Arizona Criminal Justice Commission, the state prosecuted nearly 19,800 drug crimes in 2022 alone. Arizona has mandatory minimum sentences for certain drug offenses. Individuals may have to serve a specific number of years in prison before becoming eligible for parole or early release.]]>