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.

A high school teenager who had been in a collision with a drunken driver this past Thursday died in the hospital over the weekend.

Cody Bishop, 18, was driving his van near the intersection of Ray and Rural Roads in Chandler when he was struck by a Chevy pickup around 10:15 p.m. Thursday night.

Police said the driver of the truck, Steven Landrum, 23, was driving at 80 to 90 miles per hour on a road with a 45-mph speed limit. The vehicles collided and the teenager’s vehicle rolled several times.

Eighteen-year-old Bishop received severe brain injuries and was flown to a nearby hospital that Thursday night, where he remained on life support until Saturday night.

Bishop died Sunday morning when his body gave up and could no longer ward off the severity of his injuries. He was a senior at Corona del Sol High School in Tempe.

Landrum, who was hospitalized with minor injuries and later released, has been charged on suspicion of manslaughter and booked into a Maricopa County jail.

Chandler police said Landrum was under the influence of alcohol at the time of the crash.

This is a tragic example of how drinking and driving can ruin lives.

Bishop was just about to graduate high school and had his entire life left to live. Who knows what incredible journey he was about to embark on and where the future would have led him.

Similarly, Landrum’s decision to drink and drive has landed him in some serious trouble as well. He faces long-term jail time but more pressing is this young man’s death on his conscience for the rest of his life.

Please be smart about drinking and driving and know that it’s never worth it. And remember, even if you are sober, there very likely could be intoxicated drivers on the roads that you need to be weary of.

This is a sad example of how your decisions can have horrible consequences for others.

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.

Glendale is getting a lot of media attention surrounding DUIs lately, but not for reasons that seem so obvious.
We blogged Monday about how over 100 volunteers in the Glendale DUI task force save the city police department nearly a half million dollars annually.
And now, we’re reporting that Glendale motor officer David Vidaure has recently been honored for his dedication to removing tipsy drivers from the streets of Arizona.
The Arizona chapter of Mothers Against Drunk Driving presented Officer Vidaure, age 31, with one of its 2010 DUI Enforcement Awards for his “outstanding commitment” to reducing drunken driving.
Following in the footsteps of his father, a retired DPS motor officer, Vidaure said he was drawn to police work at a young age. Vidaure actively pursued a position with the DUI squad after starting with the Glendale department as a patrol and neighborhood traffic officer in 2003.
Vidaure was nominated for the award by his supervisor, Sgt. Mark Malinski, who wrote a glowing four-page letter to MADD explaining why Vidaure deserves recognition.
Apparently Sgt. Malinksi has a way with words.
Vidaure was selected for the “outstanding commitment” award not only because of the outstanding letter his Sgt. wrote, but also because of his high number of DUI arrests and professionalism on the job.
In recognition, he was given an honorary plaque and honored at MADD’s banquet in February along with about 20 other officers from throughout the state.
In 2009, Vidaure had a highly successful year. He arrested 128 suspected impaired drivers, the most of any Glendale officer. Aside from arrests, he volunteered his time speaking at local schools on the risks of impaired driving or driving while texting. Vidaure’s peers also selected him to receive the award for Glendale Motor Officer of the Year.

Glendale resident Joel Davis, 48, has always wanted to be a police officer, but due to poor eyesight, he never got the opportunity to try out.

Now, in his older years, he’s able to get a little bit closer to the Glendale task force.

Davis and more than 110 residents volunteer with the Glendale Police Department, helping out their DUI squad.

Two nights a month, Davis drives the DUI processing van for impaired suspects and performs other support tasks, such as filling out paperwork.

Although the volunteer work is a hobby of sorts for Davis and others, it serves a crucial need for the cash-strapped department.

Last year, volunteers contributed an estimated 22,500 hours or $450,000 worth of labor, according to the agency.

Having volunteers perform routine tasks makes the department more efficient and allows officers to spend their time focusing on core services.

While other cities, such as Phoenix, Avondale, Scottsdale and Mesa, say they are more heavily relying on volunteers amid budget cuts and layoffs, Glendale’s program has gone unchanged.

Glendale has always had a strong police volunteer program, with similarly high numbers of participants offering to help in past years.

The department says they don’t really have to look for volunteers, but rather, people come to them.
And with the proposed lay-offs before the next fiscal year begins July 1, the department hasn’t decided whether volunteers would fill the positions left vacant—as many as 24 of the department’s civilian employees.

Volunteers work in jobs ranging from the crime scene analysis lab to neighborhood outreach programs. It just depends on the department’s need as well as the applicant’s abilities and interests.

Applicants go through an extensive background check and may require training depending on the area they serve in.

Once they get in the door, volunteers can work their way up to more coveted positions. Often, it leads to years of involvement.

If you’re like Joel Davis and want to volunteer to help out your city police department, I’m certain they’d be happy to have your aide. Head down to the department and find out how you can help.

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 following are five common mistakes people make in their Arizona DUI cases:

1. I didn’t take the charge seriously.
People often view their charge like it’s a traffic ticket. A DUI charge is NOT a traffic ticket and it should NOT be taken lightly.

2. I hired the same guy I called from the police station.
The attorney you call from the police station may not be the best option for defending you in a DUI case. Make sure you take some time to survey your options, and never hesitate to call Beauchamp Law Office.

3. I ignored the summons because I was in Arizona on vacation.
Some simply figure they will never come to Arizona again and it won’t hurt them. However, Arizona can suspend your license hold a warrant for your arrest. Please don’t simply ignore a DUI because it’s issued in a state other than where you live.

4. I didn’t hire an attorney.
Some think they can simply fight the charge themselves. Please do not attempt this. We are very skilled in fighting DUI charges here at Beauchamp Law Office and can present your case in ways you simply may not even know possible.

5. I didn’t exercise my rights.
People who don’t feel drunk may think they can talk their way out of a DUI. Careful, because what you say can likely get twisted around in the police report, and the police officer may describe you as a slurring, belligerent, idiot. Always remember you can exercise your right to remain silent.

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.

In this video,  we uncover the complexities of dealing with both the court system and the DMV when you are charged with a DUI.

Being charged with a DUI can be a very confusing process. When a DUI is charged you have to deal with the court system and the DMV. What happens with one system can affect the other, but for the most part view them as two separate entities.

When a police officer pulls you over, he will give you a ticket and court date. And if your blood alcohol level was over .08 within two hours, your license will be suspended for 90 days from the DMV.

It can be a very confusing process, which is why it’s in your best interest to seek representation that understand the process and can help you through it.

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.

With such strict DUI laws, it’s no wonder Arizona jails are seeing an influx of inmates in recent years. But full jail cells mean empty pockets for taxpayers, and Scottsdale city leaders look for ways to trim costs.

Estimated costs for holding a single inmate for one year is at minimum $20,000. Nationwide, billions of dollars are spent to house, clothe and feed inmates, a large majority of whom have committed petty crimes.

So Scottsdale legislators are looking to cut costs and are considering house arrest for those who have been convicted of driving drunk. Ankle monitors may soon be an option for Scottsdale’s convicted drunken drivers.

These home detention programs aren’t new. In fact, Arizona law has allowed a city or town to create such programs for years, and most Valley city courts already have similar programs. But Scottsdale City Court officials are finally ready to make such a program for its jurisdiction.

On a second offense, DUI offenders are sentenced with about 180 days in jail. That’s roughly $9,000 worth of costs for the city to incarcerate that person for that period of time.

The home-detention and electronic-monitoring plan is scheduled to go before the Scottsdale City Council on its April 27 consent agenda. If approved, court officials hope to have a program in place by summer.

Scottsdale is estimated to pay Maricopa County jails about $3.5 million for the coming fiscal year if nothing changes. A home-detention program is projected to save from $600,000 to $1 million per year.

Officials see the advantage in this type of program to be that home detention helps drunken driving offenders keep their jobs and, in turn, they will be more able to reimburse the court for jail costs.

Certain convicted drunken drivers wouldn’t be eligible, such as a violent person or someone who poses any other additional danger. Also ineligible would be anyone with a domestic violence conviction or if they are unemployed. But he estimates as many as half of Scottsdale’s DUI defendants could participate.

A device would be placed on the person’s home telephone line to determine whether the person is home. The ankle bracelet allows the offender to be away a certain number of feet away from the house.

If they are not home when they say they are, the monitoring company makes a call. Then they notify the court that they weren’t in compliance. Offenders would also have to take a breath alcohol test once a day.

Ultimately, home detention is an option in sentencing.

They’re not free. They still have to stay home, but people would better be able to go on with their lives and able to keep their jobs.

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.

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.