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.

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.

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.

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.

Remember guys – once you have given your license and registration to the police officer who pulls you over, you are not required to answer any of his questions.

A mistake a lot of people make is self-incrimination. Anything you say to a police officer can be used against you later in trial. It is your wisest move to tell the officer you want to speak to an attorney before you move forward with the conversation.

For first-time offenders, DUIs will generally be considered as misdemeanors and punishment usually involves fines, suspension of one’s driving privileges and attendance in an alcoholic education course. But things start to go downhill rapidly when repeat offenses start to accumulate. So, what exactly happens when you get a repeat DUI offense in the state of Arizona? Well, that depends on just how much you had been drinking when you got that second defense. The higher your blood alcohol level (BAC) when you were stopped for the second DUI offense, the more trouble you may have landed yourself in.

Second Offense Impaired to the Slightest Degree (BAC above .080)

• Jail: You could face jail time ranging from 90 to 180 days. Expect to face a minimum of 90 consecutive days in jail. It is possible for the court to suspend 60 of the 90 days in jail if you successfully complete all recommended treatment and counseling, so you best be on your best behavior!
• Fines & Costs: You will be fined approximately $3,500.00 for a second DUI offense, and will additionally be expected to pay jail costs and fines. The more jail time imposed the greater the additional costs. Know that it is very likely that jail costs will amount to thousands of additional dollars on top of jail costs. Basically…it won’t be cheap!
• License: Your drivers’ license will be revoked for one year. Reinstatement of your license is not automatic at the end of the 12-month period. During this time frame, you are not eligible for a work permit (ie-ability to drive car to and from work).
• Counseling: 
If convicted you must get a substance abuse evaluation and comply with any recommendation or be subject to additional jail time.
• Probation: 
You may be placed on probation for up to five years.
• Community Service: 
You will be provided a court order for a minimum of 30 hours of community service. The court may also impose other fines it sees fit.
• MADD Victims’ Impact Panel: 
The court may order you to attend one or more sessions of the Mothers Against Drunk Driving Victims Impact Panel.
• Ignition Interlock Device: 
This device will be required for 12 months after license reinstatement.

If you are arrested for a second offense DUI and have a BAC level higher than .080, the penalties only become more severe. You could serve a maximum of two years in jail and could end up owing the court in excess of $22,000.

If getting your first DUI isn’t bad enough, getting a second DUI offense is no joke! It could land you in some serious debt and serious trouble. It’s definitely something you want to avoid at all costs.

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.

Being arrested for a DUI can be a very scary experience, but it’s important to remain calm and try to stay in control of your situation. Becoming angry, emotional or defensive won’t help your case but rather, will probably make the arresting officer more apt to put you behind bars. Becoming hot-headed may also make it more difficult for a lawyer to later effectively argue your defense in court to prove your innocence or get the charges reduced.

Once arrested for a DUI, it is wise to seek counsel immediately. DUI defense lawyers have specialty training and knowledge that can really help get you out of the charges or help get you minimal punishment. The single most important thing you can do for yourself is to find a qualified attorney who knows DUI law.

Expect the DUI lawyer to initiate a comprehensive interview with you before accepting your case. The information exchanged between you and your potential defense lawyer is completely confidential, so feel free to share every tiny detail and be honest with this person.

The lawyer will review all of the written documents pertaining to the arrest, the breath or blood test report, and the traffic ticket that was written. This initial interview should last approximately an hour. The lawyer will discuss every aspect of your DUI case and the applicable laws at this time.

If the lawyer decides to accept your case, he or she will then present you with a detailed written contract for your review. If you agree to the terms of the contract, you will then become the attorney’s client and the attorney will then start the representation process.

In every state, when someone is arrested for DUI, there are two jurisdictions to defend oneself against—the court and the DMV. The court will try to give you fines and punish you in other ways, and the DMV will try to take away your driving privileges.

There are strict time limits within which the DMV must be contacted to avoid automatic license suspension. Your lawyer should be able to advise you on such details.

Really, this is the tip of the iceberg, as DUI arrests can be very sticky situations. Stay calm and contact a DUI lawyer to ensure you’re best representing yourself and what took place the night you got arrested for DUI.

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.

In short, the way to ‘beat’ a DUI is to discredit the evidence. There are many ways to discredit the DUI case brought against you, and a qualified DUI attorney will know the most effective ways to try to get you out of a DUI.

A prosecution attorney will try to prove DUI in one of two ways. One way is to attack the driver’s mental and physical condition by presenting evidence that shows the driver was impaired because of alcohol consumption. The second way is by concentrating on the driver’s blood-alcohol content and not focusing on the driver’s physical or mental condition. However, it is possible the prosecutor will use both ways in the same case.

DUI cases basically center on four kinds of evidence: the physical appearance of the driver, the driving pattern, the results of a chemical test, and the results of a field sobriety test. All of them are subject to debate in a variety of ways, and this is where beating a DUI case happens.

Starting with the driving pattern—if the defendant pulled over promptly, used his turn signal and parked safely, it could be well argued that the driving pattern did not indicate any impairment.

Also open to debate, the field sobriety test is not always open and closed evidence. A defense attorney might argue that the defendant shouldn’t have to take a test outside with distractions like traffic rushing by but rather he/she should get to take tests in a quiet room, or that getting 10% of the answers wrong shouldn’t necessarily result in a failing grade.

Then there is the argument about mental impairment being evidence of physical impairment. Experts on both sides agree that when alcohol is consumed, mental impairment is evidenced before physical impairment becomes evident. The prosecution may prove physical impairment, but if a defense attorney can discredit the presence of mental impairment, he may rightfully assert that the alleged physical impairment was the result not of alcohol but of something else, like injury or fatigue.

A defense attorney can also beat a DUI by attacking the blood sample. Among other errors, if too much time elapses between the blood being drawn and being measured, it can result in an artificially increased blood-alcohol content (BAC) reading. This is because blood can ferment, thus increasing the amount of alcohol in the sample, thus wrongly raising the BAC.

There are more then 5 Ways to Beat a DUI, but here a few to keep in mind…

1. STANDARD FIELD SOBRIETY TESTING IS INACCURATE – in healthy individuals, the one-leg stand test is only 65% accurate, and the walk-and-turn test is only 68% accurate in determining if a person is under the influence. Those persons with injuries, medical conditions, 50 pounds or greater overweight, and 65 years or older cannot be validly judged by these tests.
2. NON-STANDARDIZED FIELD TESTS ARE INVALID – neither the Federal Government (NHTSA) nor medical science considers touching your finger to your nose, or saying the alphabet, or counting backwards, as valid sobriety tests.
3. BREATH TESTING IS INACCURATE – virtually all experts concede that one breath test alone is unreliable. Breath testing is subject to various inaccuracies, including a variance as much s +/- 12.5%, non-specificity for ethanol, etc.
4. BREATHALYZER MACHINE MALFUNCTIONS – Most states specify that if there is a malfunction or repair of the breath test instrument within a certain period of time before or after a suspect’s breath test, the results of the suspect’s test are presumed invalid.
5. INTERFERING SUBSTANCES – Many items contain forms of alcohol, which may cause false results, such as asthma spray, cough drops, paints, fingernail polish. These items can cause the breath results to be invalid.

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.