There are two different classifications of drinking and driving offenses. First, it is unlawful to drive or be in control of a motor vehicle while under the influence of intoxicating liquor, drug, vapor, or any combination thereof. Second, it is unlawful to drive or be in control of a motor vehicle with a BAC (blood alcohol concentration) of .08 or more within two hours of driving. These are separate charges. A driver can be charged with one or both. Usually, if a driver submits to a chemical test, which results in an alcohol concentration of .08 or more, he/she will be charged with both offenses. If a driver refuses to submit to a chemical test and none is performed nonconsensually, he/she will only be charged with driving under the influence (assuming the officer has enough evidence to establish probable cause for the arrest). A person charged and convicted of one or both of the aforementioned is guilty of a class one misdemeanor.
Source
Monday, June 29, 2009
Monday, June 22, 2009
Law-firm managers may face sanctions
The law firm of Phillips & Associates promises aggressive legal defense in its ubiquitous local TV ads.
The State Bar of Arizona says that the consumer law firm's aggression is sometimes directed at its clients and has recommended that the firm managers be temporarily suspended from practicing law.
State Bar investigators cited 22 complaints against the firm dating from 2004 to 2007, and a hearing officer found ethical violations in nine of them. The company denies wrongdoing.
The complaints range from a potentially misleading advertisement to the company's reluctance to refund money to dissatisfied clients.
The hearing officer ruled that Jeffrey Phillips, the firm's founder and namesake, and his associate, Robert Arentz, were responsible for the lapses because they have oversight over the firm's legal and non-legal employees.
In a 126-page report dated March 31, hearing officer Martin Lieberman recommended a 60-day suspension for Arentz and six-month plus one day suspension for Phillips, which would require Phillips reapply for bar membership.
The state Bar licenses and regulates the state's attorneys.
Phillips and Arentz have appealed the recommendation, which must first be considered by the state Bar'sdisciplinary commission and ruled on by the state Supreme Court. That process, as yet unscheduled, can take many months.
Only the Arizona Supreme Court can impose suspensions, disbarment or other punishment against attorneys.
"The firm believes that the few disputed recommendations contain clearly erroneous factual findings and significant legal errors that will need to be corrected on review," Phillips said in a statement.
He also calls the sanctions "grossly disproportionate" to the allegations and the evidence.
In his report, Lieberman called attention to the large caseloads of the firm's attorneys. Lieberman also described the firm's practice of having clients first meet with legal administrators who are not lawyers, but essentially sell the firm's services.
"The findings really go to the structure of the intake process they have at that firm and how that system is really incentivized to get as many people in as possible without any particular safeguards in place," said Maret Vesella, acting chief Bar counsel.
In one complaint, Lieberman zeroed in on a TV commercial warning potential clients to contact Phillips & Associates before tough, new DUI laws went into effect. Lieberman felt that the ads suggested that the law would be retroactive to people already charged with DUI.
Experts, however, generally found that the firm's fees were reasonable.
And in most cases, the reports said, the ethical violations were committed by staffers.
"Because Phillips and Arentz weren't doing it personally, their only liability would be supervisory," said Bar attorney Steven Little.
In their statement, the firm says the Bar collected complaints for three years - a time period in which they represented more than 30,000 clients.
The firm points out that the 22 counts measure out to less than one for every 1,000 clients.
"The firm is pleased that the hearing officer rejected the vast majority of the allegations," the statement said.
Source
The State Bar of Arizona says that the consumer law firm's aggression is sometimes directed at its clients and has recommended that the firm managers be temporarily suspended from practicing law.
State Bar investigators cited 22 complaints against the firm dating from 2004 to 2007, and a hearing officer found ethical violations in nine of them. The company denies wrongdoing.
The complaints range from a potentially misleading advertisement to the company's reluctance to refund money to dissatisfied clients.
The hearing officer ruled that Jeffrey Phillips, the firm's founder and namesake, and his associate, Robert Arentz, were responsible for the lapses because they have oversight over the firm's legal and non-legal employees.
In a 126-page report dated March 31, hearing officer Martin Lieberman recommended a 60-day suspension for Arentz and six-month plus one day suspension for Phillips, which would require Phillips reapply for bar membership.
The state Bar licenses and regulates the state's attorneys.
Phillips and Arentz have appealed the recommendation, which must first be considered by the state Bar'sdisciplinary commission and ruled on by the state Supreme Court. That process, as yet unscheduled, can take many months.
Only the Arizona Supreme Court can impose suspensions, disbarment or other punishment against attorneys.
"The firm believes that the few disputed recommendations contain clearly erroneous factual findings and significant legal errors that will need to be corrected on review," Phillips said in a statement.
He also calls the sanctions "grossly disproportionate" to the allegations and the evidence.
In his report, Lieberman called attention to the large caseloads of the firm's attorneys. Lieberman also described the firm's practice of having clients first meet with legal administrators who are not lawyers, but essentially sell the firm's services.
"The findings really go to the structure of the intake process they have at that firm and how that system is really incentivized to get as many people in as possible without any particular safeguards in place," said Maret Vesella, acting chief Bar counsel.
In one complaint, Lieberman zeroed in on a TV commercial warning potential clients to contact Phillips & Associates before tough, new DUI laws went into effect. Lieberman felt that the ads suggested that the law would be retroactive to people already charged with DUI.
Experts, however, generally found that the firm's fees were reasonable.
And in most cases, the reports said, the ethical violations were committed by staffers.
"Because Phillips and Arentz weren't doing it personally, their only liability would be supervisory," said Bar attorney Steven Little.
In their statement, the firm says the Bar collected complaints for three years - a time period in which they represented more than 30,000 clients.
The firm points out that the 22 counts measure out to less than one for every 1,000 clients.
"The firm is pleased that the hearing officer rejected the vast majority of the allegations," the statement said.
Source
Monday, June 15, 2009
DUI Lawyer Scottsdale launches new website to sort out DUI cases
DUI Lawyer Scottsdale is sponsored by the Ferragut Law Firm. We are located in Arizona. The Ferragut Law Firm in Arizona is anxious to lead the clients through the launch of its new website duilawyerscottsdale.net to solve DUI cases quickly. This special website is designed to provide online aid to clients in order to make them hassle free from DUI law suits.
DUI Lawyer Scottsdale offers a free initial consultation. The special thing about this company is that people can opt for varied options and rights over the phone or can submit a request for an online consultation. DUI Lawyer Scottsdale will speak about the matter directly. The company walks on the path of commitment, dedication, integrity, and effective representation.
DUI Lawyer Scottsdale has over a decade of experience battling DUI laws and has successfully represented many DUI cases.
In the state of Arizona, it is unlawful for any person to drive or be in actual physical control of a vehicle under any of the following circumstances:
While under the influence of intoxicating liquor, any drug, vapour releasing substance containing toxic substance or any combination of liquor, drugs or vapour releasing substances if the person is impaired to the slightest degree.
While there is any drug or metabolite in the person’s body.In Arizona, a DUI charge is a serious matter and the penalties can be severe. For this purpose, an experienced, aggressive attorney is required to represent the case.
DUI Lawyer Scottsdale.net is the firm who has come forward to protect people that have been accused of driving under the influence. Arizona is tougher now than ever on DUI with the "Expect the Max" policy. But, possessing Max or not, DUI Lawyers are always on the verge to sort out this type of cases.
Source
DUI Lawyer Scottsdale offers a free initial consultation. The special thing about this company is that people can opt for varied options and rights over the phone or can submit a request for an online consultation. DUI Lawyer Scottsdale will speak about the matter directly. The company walks on the path of commitment, dedication, integrity, and effective representation.
DUI Lawyer Scottsdale has over a decade of experience battling DUI laws and has successfully represented many DUI cases.
In the state of Arizona, it is unlawful for any person to drive or be in actual physical control of a vehicle under any of the following circumstances:
While under the influence of intoxicating liquor, any drug, vapour releasing substance containing toxic substance or any combination of liquor, drugs or vapour releasing substances if the person is impaired to the slightest degree.
While there is any drug or metabolite in the person’s body.In Arizona, a DUI charge is a serious matter and the penalties can be severe. For this purpose, an experienced, aggressive attorney is required to represent the case.
DUI Lawyer Scottsdale.net is the firm who has come forward to protect people that have been accused of driving under the influence. Arizona is tougher now than ever on DUI with the "Expect the Max" policy. But, possessing Max or not, DUI Lawyers are always on the verge to sort out this type of cases.
Source
Monday, June 8, 2009
Are You Facing an Arizona DUI?
You are probably worried about jail, your license, ignition interlock devices, your record, your family and your financial security. If you are like most people, you a probably overwhelmed by the complexity of Arizona DUI Law.
At the Bergman Law Office, our goal in every Arizona DUI case is simple: do what is in your best interest. We strive to exceed your expectations.
Once you read this website and call my office to schedule a free initial consultation, I am confident that you will feel better knowing that you are doing everything you can to help yourself.
I look forward to talking with you.
Stewart Bergman, Attorney At Law
Monday, June 1, 2009
ARIZONA CRIMINAL LAWYER
Your search for a reliable and proficient Arizona criminal lawyer stops here. Josh Blumenreich has the knowledge of Arizona criminal law and the experience as an Arizona criminal attorney to help you in all matters of criminal defense and representation. If you are looking for a Phoenix criminal attorney, trust our expertise to keep you protected and respected in the criminal defense process. We understand the difficult position in which the prosecution often places you and your family, and we dedicate personal time and attention to your specific legal needs. The Blumenreich Law Firm will be aggressive and competent in defending your legal rights in Phoenix criminal law cases. We can be your Arizona DUI lawyer or represent you in any number of offenses, including:
| • Theft and Property Crimes • Murder and Violent Offenses • Speeding and other Traffic Offenses | • Possession of Drugs • Assault | • Domestic Violence • Sex Offenses | • Narcotics Charges • And much more. |
Source
Subscribe to:
Posts (Atom)