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.

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.

Phoenix police say more and more drivers are turning to their Twitter and Facebook pages to warn other motorists of police checkpoints and stretches of road with large police presences to help folks avoid getting dreaded DUIs.

Police say they really aren’t concerned about getting their cover blown–they often advertise DUI sweeps and checkpoints as a deterrent. However, they do feel concern for people who may be tweeting while they’re supposed to be driving.

Police suspect that many of the often worthless warnings are cast into cyberspace via-Smartphones — like the iPhone or a Blackerry — while people are driving their cars.

In a world where texting while driving is now deemed as dangerous as driving hammered, updating Facebook or Twitter statuses is also a no-no.

It only take a brief fraction of a second when you’re sending that message, when you’re searching for a key or typing a key, when it can be deadly.

Warning other motorists of DUI checkpoints is not a crime but remember that in Phoenix, texting while driving can be considered reckless driving and anyone caught doing so may be ticketed. We’re still waiting on legislation, but in the future, texting while driving may be its own, separate, punishable offense.

If you’ve been drinking and decide to check Twitter of Facebook on your drive home, you could most certainly land yourself in a lot of danger. Please know that doing either separate, let alone simultaneously, is not a wise idea.

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.

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.

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.