Arizona Dram Shop Liability Laws

Dram Shop Liability In Arizona: What You Need to Know About ARS 4-311(D)

According to Arizona Revise Statute (ARS) 4-311(D), any restaurants, bars, nightclubs, saloons, or any other places licensed to serve alcohol — known as dram shops — are liable for serving intoxicated patrons and/or minors under the following conditions:

  • Whether the establishment sold liquor or other spirits to any person who was clearly and obviously intoxicated
  • Whether or not that individual consumed all the alcohol that he or she purchased
  • Whether or not the consumption of the alcohol served by the dram shop was the proximate cause of any injuries, property damage, or other types of damages.

What It Means to Be Intoxicated Under Dram Shop Liability Laws in Arizona

In order for the tenets of ARS 4-311(D) to be properly upheld, the definition of what it means to be intoxicated has to be legally established. For the purposes of this Arizona Revised Statute, intoxications is when any individual drinking — or ordering drinks at the dram shop — is inebriated to a point where the physical and mental impairment is obvious to those around that individual, including other patrons, bartenders, and servers, due to the fact that the intoxicated person is physically uncoordinated, is showing signs of serious physical dysfunction, and other signs, such as slurring speech.

It is under this definition of intoxication or inebriation that a dram shop could be held liable for any injuries or damages done when that dram shop continues to serve the individual displaying these signs and symptoms.
Click to Learn More about Arizona Dram Shop Liability Law…

Commercial Driver DUI in Arizona attorney

Getting a DUI When You Have a Commercial Driver’s License (CDL) in Arizona: What You Need to Know

If you are a commercial driver or professional trucker with a Class A commercial driver’s license in the state of Arizona, you already know, the rules regarding safety on the road apply in a more stringent manner to you because of the type of professional license you hold.

You can still obtain a Class A CDL in the state of Arizona if you have been previously convicted of a DUI, but only after you have completed the original license suspension before applying — or reapplying — for a new Arizona CDL. If you have not taken this vital step, any application you submit for a Class A CDL in Arizona will be rejected.

What Happens When You are Charged with a DUI While Driving a Commercial Vehicle

If you are caught driving a commercial vehicle, including a tractor, flatbed, reefer, or any other type of semi or commercial vehicle, while allegedly under the influence and found guilty of a Driving Under the Influence (DUI) charge, the penalties include, but may not be limited to:

  • A class 1 misdemeanor, which could mean probation along with anywhere from 0 days to 1 year in jail
  • The potential of extensive fines and fees to the court
  • Mandatory counseling for alcohol use
  • Mandatory use of an ignition interlock system on any vehicle you drive, even though your CDL is suspended

Click to Learn More about CDL DUI charges in Arizona…

get your AZ DUI or DWI dismissed or reduced

Can an Arizona DUI charge be dropped?

Getting a DUI charge in Arizona dropped is difficult, but not impossible, and of course, there are many good reasons you’d want to have one dismissed. No one wants to go to jail for 10–45 days, pay thousands of dollars for new, unnecessary car insurance and alcohol education classes, and at the most basic level, you just don’t want something like a DUI in your history, because it’s permanent in most cases, and visible to anyone as a matter of public record.

The Shah Law Firm knows how to get charges dismissed if it’s possible, and at the very least charges can be reduced. For example, Shah Law Firm has gotten felony DUI charges reduced to reckless driving charges, which is much less severe.

Reducing Versus Dismissing AZ DUI Charges

Arizona law states that a DUI isn’t supposed to be dismissed unless there is insufficient evidence for the DUI charges. Certain cities in Arizona won’t give a lesser charge, but will instead typically dismiss DUI charges altogether. If this happens with your case, it means you won’t have to worry about Arizona DUI charges causing your insurance to go up, you won’t have to pay hefty fines, and best of all, you wont have to worry about serving any jail time. 

Ultimately, in order for DUI charge in Arizona to be reduced, the blood alcohol content (BAC) and specific facts pertaining to your unique DUI or DWI case will be closely analyzed. Any facts that can be proven wrong, inaccurate, or insufficient in most cases will be automatically grounds for your case to be dismissed.

The highly trained and experienced DUI and DWI attorneys at Shah Law Firm can help determine if your case is eligible for Arizona DWI or DUI dismissal or reduction.

Get your Scottsdale DUI dismissed

Call Today to Learn More About Dropped DUI Charges in Arizona

If you’re facing a DUI charge anywhere in Arizona, you need the Shah Law Firm Arizona DUI lawyers by your side. A reduced charge, if applicable, looks much better on your record than a DUI. It also doesn’t carry as harsh of penalties. To schedule a free legal consultation with a DUI attorney at Shah Law firm, call us today at 602-888-0369. We serve clients in Phoenix, Scottsdale, Mesa, Tempe, Goodyear, and Apache Junction, AZ.

Types Of Domestic Violence: What Defendants Should Know

Types Of Domestic Violence: What Defendants Should Know

Sexual violence includes physical violations consisting of pushing sexual contact, rape, and prostitution, in addition to any unwanted sexual advances consisting of dealing with somebody in a sexually demeaning way or other conduct of a sexual nature, whether physical, spoken, or non-verbal. Sexual assault likewise consists of actions that restrict reproductive rights, such as avoiding use of contraceptive approaches and requiring abortion.

Mental abuse is typically identified as intimidation and seclusion. Examples consist of instilling worry in an intimate partner through threatening habits, such as a harmful home or abusing family pets or managing exactly what the victim does and who they talk with. Spiritual abuse might also be considered a kind of mental abuse. It includes the abuse of spiritual or religions to control or put in power and control over an intimate partner (i.e., utilizing bible to validate abuse or raising the kids in a faith or spiritual practice the partner has actually not consented to).

Not all types of domestic violence are criminalized and, in fact, drafters of legislation are motivated to think about restricting intervention to cases including physical and sexual violence, the danger of such violence, and severe acts of coercive control from which the victim can not quickly leave. While some nations consider mental and financial abuse in criminal law, doing so can develop a danger that violent abusers will control the system to impose actions versus their partner or to validate physical violence as a proper reaction to their partner’s insults.

Batterers utilize a wide variety of coercive and violent habits when dealing with their victims. A few of the violent habits utilized by batterers lead to physical injuries. Other methods used by batterers include mentally violent habits. While these habits might not lead to physical injuries, they are still emotionally harming to the victim.

Batterers utilize various violent habits at various times. Even a single occurrence of physical violence or the risk of such violence might suffice to develop power and control over a partner; this power and control is then enhanced by non-physical violent and coercive habits. A diagram called the “Power and Control Wheel,” determines the different habits that are utilized by batterers to get power and control over their victims. The wheel shows the relationship in between physical and sexual violence and the strategies of intimidation, browbeating, and control that are typically utilized by batterers. The Power and Control Wheel is offered in lots of languages.

Economic abuse includes making or trying to make the victim economically depending on the abuser. Examples of financial abuse consist of avoiding or prohibiting an intimate partner from working or acquiring an education, managing all funds, and withholding access to financial resources.

Psychological abuse includes weakening a person’s sense of self-regard. Examples of psychological abuse consist of continuous criticism, name-calling, and being dealt with like a servant.

The different kinds of domestic violence can consist of physical violence, sexual violence, financial control, mental attack (consisting of risks of violence and physical damage, attacks versus residential or commercial property or family pets and other acts of intimidation, psychological abuse, seclusion, and use of the kids as a means of control), and psychological abuse.

Physical violence includes making use of physical force versus another. Examples consist of striking, pushing, biting, limiting, shaking, choking, burning, requiring drug/alcohol usage, and attack with a weapon, and so on. Physical violence might or might not lead to an injury that needs medical attention.

Since they take place in intimate relationships, lots of abuse is not acknowledged as violence– by the law or by victims. In lots of locations throughout the world, marital rape is not deemed sexual assault since a spouse is considered to have a right of sexual access to his spouse.

When is a DUI Considered a Felony?

To be caught driving with a Blood Alcohol Content (BAC) over the legal limit is a grave legal problem that can have extremely severe consequences. However, in most cases, a first time DUI charge is still a misdemeanor offense. A misdemeanor offense is a crime for which the maximum jail sentence is less than one year. This is less serious than a felony offense, for which the maximum jail sentence can exceed one year.

DUI charges can and do become felony offenses, depending on the circumstances of the case. In many states, a DUI is only considered a misdemeanor offense, with even a single additional charge turning it into a felony offense. There are a number of additional circumstances and aggravating factors which can turn a first time DUI offense into a felony charge.

DUI Aggravating Factors

Drunken driving laws vary from state to state, but these are some circumstances which can compound the legal issues in a drunken driving case anywhere in the United States. These issues are listed below:

Prior DUI conviction – In any state in the USA, penalties are greater for a drunk driver with a prior DUI conviction. In most states, there is a time window during which a DUI remains on the perpetrators criminal record, which can be 5 to 10 years, depending on the laws of that state.

Exceptionally high BAC – Certain states have begun to increase the penalties for drivers who have comparatively high blood alcohol concentration levels when compared to other DUI cases. Some states place enhanced penalties on drivers with a BAC of 0.15 or more while other states begin enhanced penalties on a BAC level of 0.20 or more.

Refusal to take a breath test – Refusing to take a breath test can increase your legal penalties in most states. In some states, refusing to take a breath test can result in immediate revocation of your driver’s license. In other states, refusing to take the breath test itself is a crime with mandatory jail time.

However, as of July 2016, the police can no longer demand a urine or blood test without a warrant, as ruled by the United States Supreme Court.

Child endangerment – In most states, having a child with you in the car while you are driving with a BAC over the legal limit can increase the DUI from a misdemeanor to a felony charge. This can happen even if it is your own child and he or she is in the car of their own free will. In most states, this charge applies to persons under the age of 18. In some states, having a person under the age of 14 with you in the car can have even greater penalties.

Bodily injury, death or property damage – Infringing on someone else’s right to safety or damaging their property can increase the charge from a misdemeanor to a felony. Injuring another person can bring about other charges such as reckless endangerment, and that persons death can result in a charge of reckless homicide.

Apart from the above mentioned points, there are other circumstances that can result in an immediate increase in penalties including not having a valid driver’s license, being on probation for another crime, not having an interlock ignition device on the car or having multiple previous convictions. Whatever your case, make sure you contact a DUI defense attorney right away to have the charges reduced or dismissed.

Drug Possession Classes

Possession of illegal narcotics and mind altering substances is a crime throughout the United States. However, all drug crimes are not the same, and the classification of drug crimes and the penalties for drug crimes vary depending on the drugs in question, the quantities of said drugs and whether or not the offender was involved in a conspiracy to distribute the said drugs for commercial gain.

Possession of paraphernalia used for the manufacture, preparation or consumption of illegal drugs can also result in a possession charge. Paraphernalia in this regard can refer to bongs, syringes, rolling papers and a variety of pipes among other items.

Drug Possession (for personal use)

According to the Controlled Substances Act 1984, if it is proven in court that someone is guilty of any of the following offenses, they can be convicted of a simple possession offense. These are:

  • To have possession of a controlled drug
  • To smoke, consume or administer to him or herself, or to allow another person to administer to them, a controlled drug
  • To have possession of any piece of equipment for use in connection with the smoking, consumption or administration of a controlled drug
  • To have possession of any piece of equipment for use in connection with the preparation of a controlled drug for smoking, consumption or administration

Maximum penalties for a simple possession offense are $2000 in fines or imprisonment for two years or both for drugs other than cannabis. For cannabis, the penalties can depend greatly on the state, since attitudes about marijuana and the legal status of the drug is changing around the country these days.

Drug Possession (with intent to distribute)

An individual cannot be charged with possession with intent to distribute unless the possession and the intent to distribute have occurred at the same time. So, if an individual is only in possession of a small amount of an illicit substance that cannot be of any viable commercial value, but is more likely to have been kept for personal use, then that person cannot be charged with intent to distribute.

Similarly, if a person or group of persons have a conspiracy to acquire drugs to sell to make a commercial profit, but have not yet acquired the drugs in question, they cannot be charged with possession (with intent to distribute). However, they can be charged with the crimes of conspiracy to possess and attempt to possess, depending on the circumstances.

Drug possession for sale is usually charged as a felony offense. The specific penalties can vary depending on the state where the crime is charged, the previous criminal record of the accused and any evidence that the accused has ever sought treatment for a drug abuse problem. In some states, possession with intent to sell schedule II drugs, such as cocaine or methamphetamine, can lead to sentences of 2 to 4 years in a federal prison and fines of up to $50,000. In certain states, the occurrences of certain aggravating factors, like previous drug offenses or the illegal possession of firearms at the time of arrest, can lead to sentences of up to 40 years in prison.

Assault Charges What Happens

An assault charge is a grave legal predicament. To be convicted of assault in the United States can result in stark penalties such as jail time, probation and heavy fines. The laws regarding assault vary from state to state but the general definition of assault across the United States is any act that seeks to cause bodily or mental harm to another person without their consent. There is a common misconception that physical contact is necessary for an assault conviction. However, even gestures and verbal threats can constitute as assault.

Types of Assault Charges

Assault charges can vary depending on the type and severity of the violation the victim claims to suffer.

Simple Assault – Any injuries sustained from the assault are minor and no weapon was used to commit it

Verbal Assault – Oral and non-physical in nature, resulting in fear, distress or emotional anguish

Sexual Assault – Sodomy, molestation, rape or any other kind of sexual offense or act committed without the victims consent

Aggravated Assault – Use of force against another individual as well as use of a weapon

Physical Assault – A serious physical attack on someone resulting in grievous bodily harm

Felonious Assault – Considered to be the most serious of all assault charges, it can include the use of a weapon, an assault that results in serious bodily harm and exercising force over another person against their will

Know Your Rights

When you have been accused of assault, it is necessary that you understand how serious your situation is and act appropriately. Your best bet would be to understand your legal rights in the given situation and act in a way that will maximize the utility that you can get from those rights.

  •  You have the right to secure the services of a qualified and professional attorney. If you cannot afford an attorney, you have the right to be defended by a lawyer paid for by the state.
  • You have the right to remain silent when questioned by the police. It is always better to exercise this right if your lawyer is not present. If you are arrested by the police right after the assault charge has been placed, and you are taken to the police station, it is always better to stay quiet until your attorney arrives. Anything you say to the police can be misconstrued to improve the chances of your conviction. An experienced lawyer will know this and will know what kind of language to use when talking to the police to minimize the risk of this happening.
  • You have a right to present your own witnesses. This is an important right and can steer the outcome of the accusation in your favor. It is best for you to start compiling a list of potential witnesses as soon as you know you have been charged with assault.
  • If you have been accused of sexual assault, you have the right to scientific testing which can disprove the allegations made against you.

Shoplifting What Happens in Court

Most people who find themselves in trouble for crimes like shoplifting or petty theft often think that the item they are stealing is of too little value to land them in big trouble. However, the consequences of illegally taking something that is not yours can still result in significant penalties. Depending on the value of the item shoplifted and the circumstances surrounding the theft, a petty shoplifting crime can still result in a jail sentence for up to one year and up to $2000 in financial penalties.

How to proceed in a shoplifting case?

There is no standardized way to predict a shoplifting case because the value of what was stolen could be very little, like a piece of candy, but it could also be very large, like a piece of expensive jewelry. Shoplifting laws also vary greatly from state to state. Since the nature of shoplifting cases see so much variation and are generally complicated, if you find yourself charged with shoplifting, your first course of action should be to hire an experienced and reliable criminal defense attorney.

Your attorney will most likely proceed by asking you a series of questions to gain an overview about the case at hand. You should answer all these questions as truthfully as you can so your attorney can help you. These questions will most likely be:

  • What is the value of the item or items you stole?
  • Were you intoxicated when the incident occurred?
  • Are the items you stole related to a substance abuse problem?
  • Was someone else involved in the plan to commit the theft? How many people were they? Were they minors? People with developmental disabilities or elderly?
  • Is there any video or audio evidence of the crime?
  • What is your criminal history?

Severity of shoplifting charges

In the same way as other theft or larceny related charges, the severity of shoplifting charges depends on the value of the items stolen and the items themselves. Certain items like firearms, explosives, incendiary substances, large quantities of a controlled substance (such as prescription drugs with a potential for abuse like Adderall or Oxycodone) or materials used in the manufacture of a controlled substance can lead to more severe penalties.

In most states, the spectrum of shoplifting charges runs from a low level ‘infraction,’ to a ‘misdemeanor,’ and in certain cases, even to certain degrees of ‘felony’ charges.

Where the charges against you will lie depends on your previous criminal record. Prior convictions and prior theft convictions in particular will generally make the charges against you harsher. In certain states, prior theft convictions result in more severe charges automatically. These can even be felony charges known as “petty with a prior.”

If your crime is relatively insignificant, for example if you have stolen a small perishable food item worth less than $20 and it’s the first crime on your criminal record, but the state does not want to drop the charges completely, you may have the option to participate in a pretrial diversion program or deferred prosecution. This is a type of plea bargain in which you will be required to pay a fine and most likely also complete community service.

If you are facing a shoplifting charge, get in touch with a criminal defense attorney immediately to defend your case and protect your rights. Taking the matter lightly will only complicate the issue and result in an increase in the penalties.

Learn How to Protect Your Rights When You Are Arrested for a Crime in Arizona

Being arrested and charged with a crime is a stressful and confusing experience. One minute you are free and the next you may find yourself placed in handcuffs and transported to jail for processing.

During this period of mental and physical exhaustion, prosecutors will likely try to get you to plead guilty to a crime or make statements to incriminate yourself before you’ve had an opportunity to speak with an attorney.

The key to protecting your rights and defending yourself against criminal charges is knowing how to handle this type of situation responsibly. At the Shah Law Firm, we fight every day to make sure our clients’ constitutional rights are protected. We compiled the following guide to help you know what to expect if you ever find yourself accused of a crime. Read more

Some Useful Facts About BUI in Phoenix

We are all-too-familiar with driving under the influence (DUI), what with all the road mishaps and the injuries and fatalities they bring every year. But many do not know there are also laws against boating under the influence or BUI. Of course, not too many people own or drive boats, which is probably why awareness about BUIs is not that widespread. Nevertheless, learning the ins and outs of BUI is just as important, because roughly half of all deaths in boating accidents involve alcohol according to the U.S. Coast Guard, and you wouldn’t want to be caught up in one. Read more

Contact Arja Today to Learn How She Can Help You!

0 + 4 = ?

This contact form is deactivated because you refused to accept Google reCaptcha service which is necessary to validate any messages sent by the form.
Call Now ButtonAvailable Now by Phone/Video