Blog Articles – Criminal Defense & DUI

free case review

Fill out the form below, or call us at
(602) 560-7408.

practice areas

DUI DEFENSE

CRIMINAL DEFENSE

Recent Blog Posts

FAQS: Domestic Violence Charges

Under Arizona Revised Statutes (ARS), a domestic violence charge can be brought against someone if they are accused of committing a criminal offense against a current or former intimate partner, family member, or household member. This can include acts such as assault, harassment, or stalking.

read more

What is The Difference Between Simple and Aggravated Assault

In the state of Arizona, there are two main types of assault charges: simple assault and aggravated assault. While both involve intentionally causing harm or fear of harm to another person, there are key distinctions between the two.
Simple assault is considered a misdemeanor offense, punishable by fines and potential jail time. This type of assault typically involves minor injuries or threats of violence. On the other hand, aggravated assault is a felony charge in Arizona, carrying more severe penalties, including lengthy prison sentences.

read more

Disorderly Conduct in Arizona: ARS 13-2904

Imagine a heated argument at a neighborhood block party. Voices raise, tempers flare, and what started as a disagreement escalates into a shouting match. Suddenly, someone calls the police, and before you know it, you’re being charged with disorderly conduct. Situations like this are more common than you might think and can quickly turn an everyday occurrence into a legal nightmare. Disorderly conduct, as defined by ARS 13-2904, encompasses various behaviors intended to disturb the peace.

read more

What is a Phantom DUI Checkpoint ?

You’ve probably seen DUI checkpoints set up by law enforcement to catch impaired drivers and deter drunk driving. But did you know there’s a strategy known as a phantom DUI checkpoint? Unlike traditional sobriety checkpoints where vehicles are stopped and drivers are checked for signs of intoxication, phantom checkpoints use signs and the visible presence of police vehicles to create the illusion of an active checkpoint. Understanding the concept of phantom DUI checkpoints, their legal standing, and your rights when encountering them can help you handle these situations more effectively.

read more

Can You Reduce a DUI Charge to Reckless Driving in Arizona ?

Reducing a DUI charge to reckless driving in Arizona is possible with the help of a skilled DUI defense attorney. An experienced lawyer can negotiate with prosecutors, challenge evidence, and highlight mitigating factors to achieve a lesser charge. The advantages include reduced penalties, lower fines, fewer driving record points, and less impact on insurance and employment. First-time offenders, in particular, have a higher chance of obtaining a reduced charge. Contacting an experienced DUI defense attorney like Arja Shah, known for her successful track record in defending DUI cases, is crucial for achieving the best possible outcome.

read more

How Police Misconduct Can Affect a DUI Charge

Police misconduct can significantly impact the outcome of a DUI case. If it can be shown that the arresting officer violated protocol or the law, the evidence collected may be deemed inadmissible. For instance, if the stop was made without reasonable suspicion, any subsequent evidence of intoxication could be thrown out, weakening the prosecution’s case. This can lead to charges being reduced or even dismissed.

read more

What is Reasonable Suspicion & Probable Cause for a DUI Arrest

In the world of DUI arrests, two key legal concepts play a crucial role in determining whether a police officer’s actions were justified: reasonable suspicion and probable cause. A police officer must have probable cause to make a DUI arrest, which means they must have enough evidence to believe that a crime has been committed.
On the other hand, reasonable suspicion is the lower standard that allows a police officer to pull over a vehicle for further investigation if they have a reasonable belief that the driver may be violating the law.

read more

Resisting Arrest During a DUI Stop: Penalties and Defenses

In Arizona, resisting arrest is defined under Arizona Revised Statutes (ARS) 13-2508. This statute outlines that a person commits resisting arrest by intentionally preventing or attempting to prevent a peace officer, acting under official authority, from effecting an arrest by either using or threatening to use physical force against the officer or another, or by using any other means creating a substantial risk of causing physical injury to the officer or another.
This can occur during a DUI stop if the individual attempts to flee, physically obstructs the officer, or fails to comply with the officer’s commands in a manner that poses a risk

read more

State DUI Laws: Toughest Vs Most Lenient

Arizona is frequently cited as having the most rigorous DUI laws in the nation for first-time offenders. The state implements stringent measures that are often reserved for repeat offenders in other regions. One notable aspect of Arizona’s DUI penalties is the mandatory use of an Ignition Interlock Device (IID) for all DUI convictions, including those involving first-time offenders. This policy is typically seen in other states for more severe cases or as part of alternative sentencing options.

read more

Rising Blood Alcohol as a DUI Defense Strategy

“Rising Blood Alcohol” is a concept in DUI defense that addresses the physiological and temporal aspects of how alcohol is absorbed into the bloodstream. When alcohol is consumed, it doesn’t immediately reach its peak concentration in the blood. Instead, the alcohol must first be absorbed through the gastrointestinal tract before it enters the bloodstream and travels to the liver to be metabolized. This process means that there is a delay between the time alcohol is consumed and when it reaches its highest concentration in the blood. If a person is tested for their BAC (Blood Alcohol Concentration) shortly after drinking, their alcohol level may still be rising. Therefore, their BAC at the time of testing could be higher than it was at the time of driving.

read more

Penalties for Driving Without a License in Arizona

In Arizona, it is illegal to operate a motor vehicle without possessing and carrying a valid driver’s license. According to Arizona Revised Statute 28-3151, all drivers are required to have a license that is officially issued to them. When someone is caught driving without a license, the penalties can vary depending on the specific circumstances. For instance, if an individual has never obtained a license, the legal repercussions might be more severe compared to someone whose license has expired. Typically, the initial penalty for driving without a license includes a fine.

read more

Get Help Restoring Your Gun Rights in Arizona

In contrast to misdemeanors, felony convictions generally result in the automatic loss of firearm rights in Arizona, as outlined in ARS 13-904. The prohibition remains even after the individual completes their sentence unless their rights are explicitly restored by a court. Restoring gun rights after a felony conviction involves meeting specific eligibility requirements. An individual must have completed all aspects of their sentence, including probation, parole, and payment of fines and restitution.

read more

Cinco De Mayo DUI Checkpoints and Arrests

Nationwide, DUI arrests spike by 25% to 30% during Cinco de Mayo, and drunk driving is responsible for about 40% of all traffic fatalities during this period, according to the National Highway Traffic Safety Administration (NHTSA).
In Arizona, particularly in Maricopa County, over 500 DUI arrests can be reported over the Cinco de Mayo weekend, with a considerable number being classified as extreme DUIs (BAC of 0.15% or higher). The demographic most at risk are males aged 21 to 35, who constitute the majority of these arrests.

read more

How are Field Sobriety Tests Used In a Boating DUI

In Arizona, law enforcement agencies have the authority to set up boating DUI checkpoints, similar to roadside sobriety checkpoints, to combat and deter Operating Under the Influence (OUI) offenses on waterways. These checkpoints are designed to systematically check boaters for signs of intoxication and are legally upheld under guidelines that ensure they are conducted fairly.

read more

Restoring Voting Rights in Arizona

In Arizona, a felony conviction significantly impacts an individual’s civil rights, most notably resulting in the automatic suspension of their voting rights. This is articulated within the Arizona Revised Statutes (ARS), including provisions for restoration under ARS § 13-912 for first-time offenders and ARS § 13-905 for those with multiple convictions. This suspension underscores the profound societal implications of felony charges, extending the consequences of criminal behavior to include the loss of a fundamental democratic privilege—the right to vote.

read more

TIP: Save our number in your phone just in case!
Create a new contact as “Shah Law Firm – Lawyer” 602-560-7408

Read more

Country Thunder DUI, MIC, MIP, and More

Country Thunder Arizona 2024 promises an unforgettable experience at Canyon Moon Ranch near Florence, from April 11-14. This festival draws roughly 30,000 daily visitors, including fans, vendors, and law enforcement, creating a vibrant and diverse atmosphere. Headliners like Lainey Wilson, Jelly Roll, Eric Church, and Koe Wetzel lead an impressive lineup. The event also offers a range of ticket options, from general admission to VIP experiences, alongside practical amenities for camping and parking.Amidst the excitement and music, attendees must be mindful of the law, particularly regarding DUI, MIC, and MIP. The festival’s large crowds and celebratory atmosphere can increase the chances of encountering legal issues. Should you or someone you know face such charges, it’s crucial to seek expert legal assistance.

read more
March Madness and DUIs in Arizona: Get Help from a Criminal DUI Lawyer

March Madness and DUIs in Arizona: Get Help from a Criminal DUI Lawyer

Phoenix is gearing up to host the thrilling NCAA Final Four Fan Fest from April 5th to 8th at the Phoenix Convention Center, downtown. This annual celebration promises basketball fans and families an exciting blend of sports, entertainment, and community spirit.If you’re driving home after celebrating at the Final Four Fest and have had a few drinks, being pulled over by law enforcement can be intimidating. Here’s how to handle the situation wisely and protect your rights:

read more
Did You Get a Criminal Speeding Ticket in Arizona

Did You Get a Criminal Speeding Ticket in Arizona

In Arizona, a criminal speeding ticket, classified as a Class 3 misdemeanor, can significantly affect your record. Unlike points from civil traffic violations that typically disappear from your driving record after twelve months, a criminal speeding charge remains on your criminal record indefinitely. While the immediate impact on your driving privileges may fade after a year, the misdemeanor itself does not automatically vanish from your criminal history. This can influence employment, insurance rates, and more for years to come. Each sector, like insurance companies, may review your driving history for varying lengths of time, usually between three to five years.

read more
Reckless Driving in Arizona Defenses to ARS 28-693

Reckless Driving in Arizona Defenses to ARS 28-693

Arizona’s Reckless Driving Law, codified under Arizona Revised Statutes (ARS) 28-693, defines reckless driving as the operation of a vehicle with a reckless disregard for the safety of persons or property.According to this statute, reckless driving is not merely about a single driving error or minor misjudgment; instead, it pertains to a pattern or instance of driving behavior that demonstrates a clear lack of concern for the established rules of the road and the well-being of others.This can include, but is not limited to, speeding excessively, aggressive weaving through traffic, ignoring traffic signs and signals, or engaging in dangerous maneuvers without regard for the potential consequences.

read more
How is Police Body Camera Footage Used in a DUI Case

How is Police Body Camera Footage Used in a DUI Case

It’s important for defendants to understand that while bodycam footage can be important evidence, its admissibility is not automatic. The defense has the opportunity to challenge the footage on several grounds, such as questioning its relevance, the manner in which it was obtained, or its integrity.

read more
Felony Wrong Way Driving DUI Charges: Arizona Law

Felony Wrong Way Driving DUI Charges: Arizona Law

In Arizona law, the legal definition of wrong-way driving is outlined in A.R.S. §28-694. This statute specifically addresses the act of operating a vehicle in opposition to the designated flow of traffic on controlled access highways.According to this law, a driver who is found traveling against the correct direction of traffic commits the offense known as wrong-way driving. Individuals found guilty of this violation are subject to a civil penalty, which is set at $500.Additionally, those convicted are required to complete educational sessions at an approved traffic survival school, aimed at reinforcing safe driving habits and enhancing overall road safety.The statute defines “wrong way” as vehicular movement in a direction that contradicts the legal flow of traffic, explicitly excluding actions such as crossing the median or situations where a vehicle ends up facing the wrong direction due to a collision, provided there was no intentional wrong-way driving involved.

read more
Why Did I Get a False Positive From a Breathalyzer Test

Why Did I Get a False Positive From a Breathalyzer Test

A false positive on a breathalyzer can indeed lead to a DUI charge in Arizona. Under state law, a driver can be charged with DUI if a breathalyzer incorrectly indicates a BAC above the legal limit of 0.08%. However, the state’s DUI statutes extend beyond conventional BAC levels, encompassing what is known as “impairment to the slightest degree.” This means that even if your BAC is below 0.08% or if there’s a false positive, you can still face DUI charges if the officer believes your ability to drive was impaired in any way.
However, it’s important to understand that a DUI charge based on a false positive is not definitive and can be contested in court. The accused has the right to challenge the breathalyzer’s accuracy, including questioning the device’s calibration, the administration of the test, and other influencing factors like diet or medical conditions that can cause false readings.

read more
Can the Police Search Your Vehicle if They Smell Marijuana

Can the Police Search Your Vehicle if They Smell Marijuana

The odor of marijuana itself does not automatically justify a vehicle search without considering other factors. This is due to the legal possession and use allowed under Proposition 207 for adults over the age of 21. However, this does not entirely remove the smell as a factor in establishing probable cause. Instead, officers are required to assess additional evidence or circumstances alongside the odor to determine whether a crime might be occurring.This means that while the smell of marijuana can contribute to probable cause, it must be accompanied by other indicators of illegal activity to justify a search. Officers are encouraged to look for signs of impaired driving, unauthorized distribution, or possession amounts exceeding legal limits before concluding a crime is being committed.

read more

What Type of Evidence is Used in Domestic Violence Cases

In Arizona domestic violence cases, the burden of proof is squarely on the prosecution. They must demonstrate beyond a reasonable doubt that the defendant committed the crime. This high standard requires presenting clear, convincing evidence that leaves no room for reasonable doubt in the minds of the jurors.The defense’s role is to challenge this evidence, aiming to create reasonable doubt about the prosecution’s case. This principle is fundamental to ensuring fairness in the legal process and preventing wrongful convictions.

read more

we are here to help

Fill out the form below, or call us directly at (602) 560-7408 to schedule your free, one-on-one consultation. There is no obligation and all consultations are strictly confidential.

WHAT OUR CLIENTS SAY

“I was totally impressed and grateful for the expertise and successful case Arja handled for me. She answered my calls immediately and saved me a lot of professional and personal heartache. Arja did a great job refuting the State’s evidence and convinced the Prosecutor that my chewing tobacco was a major issue in the case that the officer did not check.”

Arja Shah Law Firm Reviews
Thomas - Super Extreme DUI
Argued Police Stop Protocols and Reduced to a Fine

“Arja represented me for a DUI case in Scottsdale. I met with her immediately after being charged and she very quickly was able to speak to the prosecutor and get my charges reduced after my initial hearings. She was attentive and easy to talk to. She gets results.”

Arja Shah Law Firm Reviews
Jason - Scottsdale DUI
Felony Charges Reduced to Reckless Driving

“Arja was extremely knowledgeable and kept us up to date on the entire case. I would hire her and recommend her to anyone- although I hope I never need her help again! But if a problem arises I would be sure to call her!!”

Arja Shah Law Firm Reviews
Maggie - Mesa Super Extreme DUI
Super Extreme DUI Reduced to First Time Regular DUI

“Ms. Shah got my charges completely dismissed. She worked hard, was thorough, and took care of all the details. Seriously, hire her. It’s a complete piece of mind.”

Arja Shah Law Firm Reviews
R. Aguilera - Attempted Murder
Attempted Murder Charges DISMISSED

“During my recent DUI case and time spent working with Arja Shah, I can say I had an absolute positive Experience. She was there to represent me and handle my questions and concerns with ease. Thank you.”

Arja Shah Law Firm Reviews
Michael - Phoenix DUI Arrest
Felony DUI Charge Reduced to a Fine

“I endorse this lawyer. She is knowledgeable as well as up-to-date on the latest case law. She is one of the very few attorneys I would recommend to family or friends.”

Arja Shah Law Firm Reviews
Michael Pittman (Attorney Peer)

“First, Arja is a superb and energetic attorney who is always willing to listen and help out in client cases. Second, she works hard for your case to minimize or eliminate penalties for the charges you are facing. She has a good analytical mind and presents your case successfully. Third, she is approachable even outside work hours if the situation calls for it. Always punctual for meetings. Lastly, she is an affordable attorney in comparison to some big-name law firms where personalized and flexible service is almost impossible. The above review is based on my experience derived from her working on my case.”

Arja Shah Law Firm Reviews
T. McCarty- Extreme DUI Charge Possible 30 Days Jail
Reduced to Reckless Driving and a Fine

“Attorney Arja Shah took the time to compile letters from family members and show the Prosecutor that they lacked evidence to move forward with my case. Arja did what she said she would do and was there to help me. Outstanding Attorney.”

Arja Shah Law Firm Reviews
Andrea- Disorderly Conduct and Domestic Violence
Charged Dismissed

Considering the amount of charges I was facing I ended up with the minimum charges I could have received. If it wasn’t for Ms/Mrs. Shah, I would have had to given up everything. I will forever recommend to anybody in need…

Arja Shah Law Firm Reviews
Tyler Goodwill - DUI
Charges Reduced to Minimum
Click Here to Call Now