MADD Impact Panels

Mothers against Drunk Driving or MADD was founded in 1980 by a mother who lost a teenage daughter in a car accident involving a drunk driver.  The program began as a grass-roots campaign and has grown steadily over the past thirty years. MADD has become one of the largest non-profit organizations in the United States and has played a major role in many of the nation’s campaigns against drunk driving.  In Arizona, the laws that MADD have supported have made their way into DUI Penalties.  For example, for a DUI offense in Arizona a vehicle ignition interlock device is required for one year. MADD is also offering an Impact Panel as part of court ordered rehabilitation.  The impact panel is designed to illustrate how impaired driving can affect other people.  To gain entry to the class you must first pass a breathalyzer test and pay a class fee ranging from thirty to forty dollars.  Once you complete the course you will be given a certificate of completion that you must present to the court.

As of Saturday July 3rd, halfway through the 4^Th of July holiday, the number of people arrested for drunk driving had already surpassed the entire weekends numbers in 2009.  The Arizona Governor’s Office of Highway Safety reported that 376 people had been arrested, a number which is expected to be even higher by Tuesday, July 6^Th.  One year ago authorities made 350 total DUI arrests for the whole weekend, in total the Arizona Highway Patrol has made 6,658 traffic stops. Compared to 3,671 traffic stops in 2009.  Police Officials cited the state-wide police effort to crack down on DUI offenses in Arizona as 793 officers were pulled from 16 different Arizona DUI Task Forces.  In 2009 only 428 officers were on duty for the Fourth of July weekend.  Police have also kept a running tally of designated drivers as well, so far that number is at 183.  Also the average blood-alcohol content had risen from .149 to .150, as well as the number of citations, 2,567 given in 2010 compared with 1,851 in 2009.

 Here is the breakdown:

Year	2010	2009
DUI Arrests	376*	350
Traffic Stops	6,658	3,761
Officers on Duty	793	428
BAC (Average)	.150	.149

 *Represents the total DUI Arrests as of July 3^rd, 2010.

Most of us are probably scrambling to plan a last-minute Memorial Day weekend packed with fun and festivities, or already have a pre-planned weekend of fun organized. While the holiday in which we remember and honor all the people who have served, and celebrate those who are serving in the Armed Forces, is still a few days away, it’s a good idea to start preparing now for responsible fun.

Among your list of activities for the long weekend may be barbecues, a round of golf or laying out by the pool. But what goes great with all of those? A few ice-cold beers to help keep you cool in this desert heat.

While we all want to have an enjoyable and relaxing weekend, we also must remember to be smart and make wise decisions.

The Peoria Police Department is already thinking in advance to help keep its residents safe.

Continue reading 'Be safe this Memorial Day weekend'»

Arizona’s DUI laws have rightly earned their reputation of being some of the nation’s strictest. According to state law, an officer can arrest and send you to jail even if you are below the legal .08 limit.

“If I feel that you are impaired to the slightest degree, I’m going to arrest you for DUI,” Glendale police Sgt. Mark Malinski said in an interview with The Arizona Republic.

Malinski, who heads the West Valley DUI Task Force, has seen quite a few impaired people taken off the road. And while there’s no way to know whether that impaired person would have been involved in a crash, he says he knows he’s making a difference.

“I feel like we’re actually accomplishing something. A lot of the people that we arrest don’t realize that we’re actually trying to save their life.”

Arizona has about 20 DUI-related task forces, including Malinski’s, one in the East Valley and several in the northern and southern parts of the state.

And every year, these task forces pull over and send more and more impaired drivers to jail. In 2009 alone, the West Valley force made over 4,000 misdemeanor DUI arrests, up from 3,300 in 2008.

Alberto Gutier, director of the Governor’s Office of Highway Safety, called the task forces “incredibly effective” in the article.

“What it is is a message to people that they can celebrate, they can enjoy, but if you’re going to drink too much, get a cab, get a designated driver, or walk home, but don’t get behind the wheel of a car,” Gutier said to The Arizona Republic.

The Office helps sponsor the Task Forces, including helping to pay overtime for the officers involved. On the agency’s website, a note reminds driver’s of the very real consequences of drinking and driving–no matter how slightly intoxicated–in Arizona:

The police officers, highway patrolmen and sheriff’s deputies in the State of Arizona have a Zero Tolerance policy towards individuals driving under the influence of alcohol and/or drugs.

Please do NOT drink and drive. Call a cab. Bring a sober designated driver. Have a sober friend or family member come pick you up. The risks are definitely not worth it.

And remember: Drive Hammered… Get Nailed!

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 pretty much common knowledge that Arizona has harsh penalties for DUI offenses, particularly in and around Scottsdale where the nightlife is constantly booming.

So it seems second nature to us Arizonans to always plan ahead—carpool, designate a sober driver or take a cab. We’ve heard too many stories of friends getting DUI’s and we’ve learned that it’s not worth it.

But what about the millions of visitors who come in and out of Sky Harbor International each year? What happens when visitors from out-of-town happen to land themselves a DUI while out at night enjoying themselves on vacation?

Technically, it is always a citizens’ responsibility to know the laws of the land. Being somewhere that you don’t consider “home” doesn’t get you any pity points from police officers. If you break the law, you must serve the sentence.

So what are these penalties that out-of-state visitors may face?

For a first time extreme DUI offense (i.e. blood alcohol result of .150 and below a .200), despite the outstanding character you may have, the minimum sentence is 30 days jail. Combine this with certain prosecuting agencies that offer a plea agreement of 30 days jail (or close to it), and out-of-state visitors have a real problem.

For the Arizona resident, 30 days jail is a tremendous burden. However, at least with work release, you should be able to keep your employment. If you live in California and are sentenced to 30 days jail in Arizona, your job and your career is now in jeopardy. How many employers are going to say, “Sure, take thirty days off to go serve a jail term in Scottsdale, no problem?” This misdemeanor offense can have penalties that could ruin someone’s livelihood.

There are a few solutions that may help remedy the problem. An out-of-state visitor can request an order to do their jail in their home state. That request is almost always granted. However, the judge will tell you it is your responsibility to find a jail in your home state that will comply with the incarceration order. This is easier said than done because jails are overflowing as it is—it may be unlikely they will house you for a full 30 days!

To solve this problem, we have had to employ former law enforcement officers and had them assist with getting our clients accepted into the facility. Even using this method, it is still difficult. Moreover, how many people can afford this service?

The other option is going to trial. If you can convince the jury that your blood alcohol concentration was merely over .08 but below .150, then the minimum jail is reduced to one day.

In sum, Arizona has set up a terrible dilemma for out-of-state visitors charged with extreme DUI and it doesn’t appear they’re making moves to change any of it. If you have guests visiting from out-of-town, please make sure you are all being smart and safe because dealing with DUI penalties for anyone is never a fun process.

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!

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.

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!