Beauchamp Law Office is pleased to announce our sponsorship of this year’s 34th annual Kiwanis Ahwatukee Easter Parade and Spring Fling Carnival.

The Ahwatukee Kiwanis Club aims to raise more than $6,000 at the events for children’s charities including the Ahwatukee Foothills Family YMCA Strong Kids Campaign, Reading is Fundamental and children’s charities run by the Salvation Army and Kiwanis International. One hundred percent of the proceeds will go to the charities.

This year’s parade marshals are Valley radio personalities Tim and Willy. Phoenix City Councilman Sal DiCiccio and Maricopa County Sheriff Joe Arpaio will be among the public officials in the parade.

The Spring Carnival will be held at the Ahwatukee Community Park located at Warner & 48th St on April 3, 2010 from 11:00am until 5pm. The Kiwanis Club of Ahwatukee Parade is expecting 2,500 participants in the parade and 10,000 spectators for Ahwatukee’s largest community participation event.

The Club also expects over 5,000 residents to visit the Spring Carnival/ Craft Fair for live entertainment, carnival rides, games, merchant booths including food and drink. All sponsors will be recognized at the carnival with signage and also with additional public recognition.

If you would like more information, please email: info@kiwanisahwatukee.org or call Andi at 602-402-6267.

We hope to see you there!

A DUI driver who killed a teenage female in 2008 received his sentence last week.

Manuel Contreras-Galdean, 33, pleaded guilty last year to one count each of manslaughter and aggravated assault for the Nov. 15, 2008, collision that killed 16-year-old Kelly Tracy of Mesa and injured her brother Matthew Tracy, then 17, as he was driving them to Highland High in Gilbert.

Contreras-Galdean has been sentenced to 14 years in prison with credit for time served, and four years of probation – the maximum sentence allowed under terms of his plea agreement.

Mesa police said on the day of the accident, Contreras-Galdean was driving with a blood-alcohol content above 0.19 percent. That’s two-and-a-half times the legal limit; additionally, he had been on cocaine.

Contreras-Galdean was allowed to speak to the judge last Friday, the day of his hearing. He asked for leniency and rehashed the events that day as he recalled them.

“I was hoping today to remove this burden – this burden I’m carrying knowing I’m not the criminal the prosecution made me out to be,” he said through an interpreter.

The aggravating factor the court found reprehensible was the fact that Contreras-Galdean had a DUI in 2001 (in Utah) and a DUI in 2007 (in Tempe).

Judge Trujillo gave Contreras-Galdean 496 days of credit for time in jail already served. He acknowledged that the probation may not be served because Contreras-Galdean, a Mexican immigrant whom prosecutors said has lived illegally in this country for several years, is faced with deportation.

Kelly is survived by her parents and siblings Matthew, Michael, Jason, Kaitlin and Jessica.

Remember guys, drinking and driving is no joke and neither are the penalties for getting charged. You can hurt yourself, your loved ones and the loved ones of people you don’t even know.

Please be safe and before you get behind the wheel, think about others and not just yourself.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

It’s most bars’ mission to serve customers with good food and drink while providing a fun and friendly atmosphere. And let’s be honest, it doesn’t hurt a bar’s bottom line to see its patrons indulging in a few too many, ultimately racking up large bar tabs.

But there’s another thing that has been racking up within recent years…and that’s the increase in DUI cases in Arizona.

According to the Governor’s Office of Highway Safety, DUI arrests were up about 35 percent from 2008 to 2009.

One bar located in northeast Phoenix hopes to be on the proactive side of things, helping promote responsible drinking.

Tilted Kilt owner Kerry Phelps says he’s seen far too many people end up having more to drink than they planned but still feel they are OK to drive.

Which is why he installed an Alco-Checkpoint breathalyzer device in his establishment located at 7077 E. Bell Road.

He hopes the breathalyzer unit will raise customers’ awareness, as well as keep them from driving drunk.

“We want people to have a good time,” he said. “I’d rather be on the forefront of things, and if that affects my business negatively, then so be it,” says Phelps.

Phelps’ decision to install the Alco-Checkpoint could be starting a trend for other establishments to help combat drunk driving.

At this time the Tilted Kilt and The Vine Tavern in Tempe are the only two establishments in the valley with breath analyzers.

Phelps recommends that guests use the machine 10 minutes after drinking or smoking cigarettes in order to get the most accurate reading.

The Alco-Checkpoint device is similar to the hand-held breath analyzers already on the market. While never 100% accurate, if calibrated properly, the device should give a reading accurate within 0.01 of a person’s blood alcohol level.

The blood-alcohol-content reading cannot be used in court, and there is a disclaimer on the machine stating that it is for novelty use only.

The Tilted Kilt knows that their device can’t be the be-all, end-all say in whether a person should drive or not, they hope it promotes a positive message…the message of “Don’t drink and drive.”

The Alco-Checkpoint device is an entertaining machine that emulates responsibility, and may be coming to your friendly neighborhood bar soon.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

Many of us may still be recovering from last week’s St. Patrick’s Day madness, but it’s a pretty safe bet that a night out on the town is in store for this weekend.

While there may not be a holiday marked on the calendar this week, Scottsdale police know that won’t prevent residents from indulging in one or few too many drinks this weekend.

For all of you planning a big night out in Scottsdale this weekend, be mindful that the Scottsdale Police Department will be in full force.

The Scottsdale Police Department will be conducting an alcohol-safety patrol Thursday and Friday in an attempt to keep residents safe from drunken drivers.

The department’s Decide Your Ride program will be one of the tools to show motorists that driving under the influence is a bad idea. Officers will remind drivers that a $10-$50 cab ride is less costly than an $8,300 DUI ticket.

Scottsdale police officers plan to patrol Scottsdale Road from McCormick Parkway to Cactus Road and Shea Boulevard from 64th Street to the Loop 101 from 7 p.m. to 2 a.m. both nights.

The department says officers will be looking for impaired drivers, but that they’re also intending to educate sober motorists about the dangers of driving impaired.

In speaking with sober motorists, Scottsdale police hope to prevent future driving while intoxicated accidents and incidents.

So remember to be safe this weekend and always drink responsibly. As we learned earlier this week, DUI checkpoints are constitutional and Scottsdale Police may be enforcing these this weekend along with other patrol measures.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

The Fourth Amendment to the U.S. Constitution guarantees our right against unreasonable searches and seizures. The amendment specifically requires search and arrest warrants be judicially sanctioned and supported by what’s referred to as probable cause.

If that’s so, then doesn’t it seem a bit unconstitutional for law enforcement to put up DUI checkpoints? After all, what is their probable cause for stopping and questioning each car on the road?

Good question—a question that was raised in the case of Michigan v. Sitz—where the Michigan Supreme Court deemed DUI roadblocks as unconstitutional. In a 6-3 decision, however, the U.S. Supreme Court reversed the Michigan court, holding that they were constitutionally permissible.

So just what are the arguments for and against DUI checkpoints being constitutional?

Former Chief Justice Rehnquist (active at the time) began his majority opinion by admitting that DUI sobriety checkpoints do, in fact, constitute a “seizure” within the language of the Fourth Amendment. He recognized the validity in the state of Michigan initially ruling checkpoints unconstitutional, but went on to explain why the Supreme Court wouldn’t hold it as such.

Rehnquist continued to say that DUI checkpoints are only a minor invasion of one’s rights, and that something needed to be done about the “carnage” on the highways caused by drunk drivers. The “minimal intrusion on individual liberties,” Rehnquist wrote, must be “weighed” against the need for — and effectiveness of — DUI roadblocks.

Rehnquist’s justification for ignoring the Constitution rested on the assumption that DUI roadblocks were “necessary” and “effective.”

In other words, Rehnquist argues that the ends justify the means.

The dissenting justices argued that police are without probable cause to stop individual drivers.

Justice Brennan wrote, “That stopping every car might make it easier to prevent drunken driving… is an insufficient justification for abandoning the requirement of individualized suspicion… The most disturbing aspect of the Court’s decision today is that it appears to give no weight to the citizen’s interest in freedom from suspicionless investigatory seizures.”

The case was sent back to the Michigan Supreme Court to change its decision accordingly, but the Michigan Supreme Court did not fall in line.

Michigan decided though now permissible under the U.S. Constitution, DUI checkpoints were not permissible under the Michigan State Constitution, and ruled again in favor of the defendant.

“If you won’t protect our citizens, we will,” was the message Michigan sent to Justice Rehnquist. A small number of states have since followed Michigan’s example.

In the state of Arizona, DUI checkpoints are constitutional…just another reason you should never drink and drive!

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

Please remember to be safe this St. Patrick’s Day (and every other day of course)!

Police will be out tonight in full force and will come up with any excuse to pull cars over! It’s not worth the risk of getting a DUI.

Luckily, to help you stay safe during this holiday, AAA is offering their Tipsy Tow service starting tonight at 6 p.m., lasting until 6 a.m. tomorrow morning.

AAA will provide a one-way ride for the driver, one passenger and their vehicle. Service will not be provided to motorists requesting a tow to another drinking establishment, repair shop or any location other than home. In some cases, a tow to a hotel may be allowed if the motorist is or plans to become a guest.

So remember, between 6 p.m. tonight until 6 a.m. tomorrow morning drivers, passengers, party hosts, bartenders and restaurant managers can call 1-800-222-4357 to request a free tow of up to 10 miles. The program is open to everyone, not just AAA members.

Motorists will be charged the towing company’s standard rate for trips longer than 10 miles.

Be safe everyone! And Happy St. Patrick’s Day!

CALL 1-800-222-4357 for a safe ride home.

Please remember to be safe this St. Patty’s Day!

The fatality rate in Arizona has reached a record low and is decreasing faster than nearly every other state. Arizona’s rate is down 20 percent.

The earliest year that state-by-state figures were documented was 1975—Arizona’s fatality rate has always hovered well above the national average, but that gap has narrowed in recent years.

One significant reason Arizona is seeing this drop in fatalities can be attributed to Arizona’s tough stance on drunken driving.

We’re all pretty aware that Arizona has some of the toughest drunk-driving laws in the country. While the relationship between an overall decrease in vehicle fatalities and DUI cases cannot be directly correlated, it’s pretty safe to assume that cracking down on drunk driving has helped lower the overall number.

The Transportation Department says that 11,773 people were killed in drunken driving crashes in 2008 for a rate of 0.4 per 100 million vehicle miles traveled. In 2007, 13,041 motorists were killed in alcohol-impaired crashes for a rate of 0.43.

Drunken driving fatality rates have fallen in 40 states and the District of Columbia.
Vermont, Wisconsin, Maine, Nebraska, Minnesota, Connecticut, South Dakota, Arizona and the District of Columbia saw fatality rates involving alcohol-linked crashes decline by 20 percent or more.

DUI laws are only one factor that can shape a state’s fatality record. Others include seat belt, helmet and speeding laws and how aggressively they are enforced, not to mention, weather, geography, demographics and tourism.

One more recent implementation in Arizona that may be helping to reduce the number of car crash fatalities are the speed cameras installed along freeways and roads. Fear of getting a ticket from one of the speed cameras may cause drivers to slow and drive more cautiously.

Also, tough laws have been adopted in Arizona with regards to using breath-monitoring ignition interlock devices for offenders.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

Not all DUI arrests occur in the same way and thus there is a lot of gray area on the arresting officer’s part.

Trained, expert lawyers can help you figure out how to get out of a DUI based on any loopholes that might have occurred during the arrest.

For example, there could be problems with things such as your breath test or blood test.

The only way to ensure you fight a DUI in the best way possible is to hire a DUI defense attorney.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

The Arizona Legislature continues to crack down on DUI offenders, tightening the leash and enforcing harsher punishments. Despite law enforcement’s efforts to discourage drunk driving, there continues to be a constant number of cases.

So if harsher punishments aren’t decreasing the number of DUI incidents in Arizona, what might help? One device picking up steam is what is called a SCRAM bracelet. This Secure Continuous Remote Alcohol Monitor (SCRAM) is an 8-ounce bracelet made by Alcohol Monitoring Systems Inc. and is worn by offenders continuously, 24 hours a day, monitoring sweat through transdermal analysis.

The SCRAM bracelet measures alcohol using the same fuel cell technology used by most portable breath testing devices. The bracelet is able to work because alcohol is released through sweat and leaves the body unchanged because it’s not metabolized through the liver.

Later, the information collected by the bracelet is downloaded into a modem and maintained by management company, Intercept LLC.
The bracelet essentially measures the amount of ethanol in a person’s sweat.

This technology helps people stay sober and determines their compliance with court orders restricting them from alcohol use. Previously, blood alcohol or breath tests indicated alcohol use at that time, not in the hours before or after the test was completed. This device is tamper proof, as the management company is alerted if offenders try to remove the bracelet or place something around their skin to prevent it from taking any readings.

The device is not 100% accurate, but in the case of false positives, it is a quick process of determining whether offenders drank alcohol or their ankle was exposed to something such as hairspray, based on the rate of its metabolism.

The bracelet’s battery is good for about 90 days and an alert is made if the battery is getting low. SCRAM is paid for by the offenders, costing about $12 a day.

SCRAM bracelets have been an option for a few years, but haven’t been widely used just yet. They’re definitely a great option to continuously monitor alcohol intake.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.