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2014-2015 Phoenix Holiday and East Valley DUI Task Force

Many Phoenix residents are familiar with the annual Holiday DUI task force, which consists of increased police efforts to curb drinking and driving throughout metro Phoenix. Valley residents can expect heightened police surveillance on many roads, with officers pledging to be more vigilant in pulling drivers over for otherwise minor traffic infractions. This activity has real consequences; in 2012, DUI task forces arrested more than 4,000 drivers on suspicion of DUI. The 2014 DUI task force starts at Thanksgiving and runs through the New Year Holiday 2015.

If you’ve been drinking and an officer pulls you over, it is important that you know your rights. When the officer asks you whether or not you’ve had anything to drink, you should say “I’m not going to answer any questions or do any tests until I talk to my lawyer.” You are not obligated to answer any of the officer’s questions, and you have an absolute right to remain silent.

Nonetheless, if the officer has reasonable suspicion that you may have been drinking, you might be arrested at one of the roving DUI vans. In this case, call our office’s 24-hour consultation line (602-307-0808) for advice on how to handle the checkpoint. Depending on your criminal background, we may or may not advise you to consent to a blood test to determine your BAC. From there, we’ll work with you to plan your best DUI defense to any charges that may be brought.

Why is it so crucial that you not answer any questions? If your case goes to trial, the rules of evidence stipulate that the arresting officer may not comment on the fact that you invoked your right to speak to an attorney. Thus, his narrative will jump from “I observed the car swerving” to “I arrested the driver”. Not being able to comment on the intervening conversation can give the jury the impression that the officer’s actions were hasty. Speaking to an officer can only strengthen his or her probable cause for arresting you.

If the police do decide to press charges against you, call my office to arrange for a 30-minute analysis of your case. We’ll give you an overview of possible defenses to avoid conviction or to pleas to a lesser charge. With that said, the best defense is to not need a defense in the first place. If you are drinking this holiday season, arrange for alternative transportation. Once you’ve ordered your third drink, put down the keys!

For an immediate response, our office is available 24 hours a day at (602) 307-0808. If you don’t have an urgent matter and would like to get a free consultation, you may send us a confidential email.

Man arrested second time for stabbing stranger in Phoenix

PHOENIX – 27-year-old Christopher Gale was arrested on Sunday for a second time on suspicion of aggravated assault and attempted first-degree murder. The incident took place at a Phoenix Walgreens store.

According to police reports, the crime actually occurred in September 2013 when Gale stabbed a stranger using an eight-inch knife he had bought from a Walmart store just a few hours before the stabbing. He went to a Walgreens store about four miles away from the Walmart store, approached a woman who was shopping and stabbed her in the neck from behind. The woman started screaming and an armed off-duty federal agent, who happened to be in the store, ran over from the checkout line where he was standing and pulled the weapon away from the woman and ordered Gale to get on the ground and put the knife down.

Gale was arrested for a previous crime but was found incompetent to stand trial for the charges he was facing. The charges against Gale were dismissed in May 2013 by a court commissioner and he was ordered to receive treatment at a psychiatric facility which he did. After his release from Desert Vista Behavior Health, a mental health facility in Mesa, Gale was subsequently arrested for the stabbing. According to the court documents, when Gale stabbed the woman at the Walmart store, she turned around to face her attacker who told her, “I’m killing you to save the world.”

The woman suffered a puncture wound which needed several staples. She was able to push away her attacker.

Gale later told the police that he bought the eight-inch knife to “stab and kill” someone.

According to Jerry Cobb, a spokesman for the Maricopa County Attorney’s Office, it is not yet decided if any charges will be filed again against Gale.

Gale had a run-in with the law in 2012 also when he was arrested on the suspicion of indecent exposure and drug-related offenses. He pled guilty to the reduced charges in that case.

Gale appeared in Maricopa County Superior Court on Friday for an initial appearance and is being held on $1 million bond on charges of attempted first-degree murder and aggravated assault. His lawyer , Roger Margolis, did not immediately return a call Friday for comment. The attorney was appointed on the orders of a commissioner to represent Gale in court.

Online court records did not describe the alleged crimes which Gale is facing. However, the commissioner who ordered Gale to undergo psychiatric treatment said in a May 29 order that Gale was a danger to others as well as to himself. He also said that he is unable to understand the nature of proceedings against him and needed assistance in his defense.

 

Author Bio:

Law Office Of Mark Rosenfled provides strong and aggressive legal representation for DUI Cases in Beverly Hills, California.

Coming to Super Bowl XLIX: What are the Arizona DUI Laws?

Super Bowl XLIX: University of Phoenix Stadium

 

Every year, cities and sports venues from all around America submit bids to host a Super Bowl. University of Phoenix Stadium in Glendale, Arizona was privileged to be awarded the right to host Super Bowl XLIX (49) to be played on February 1, 2015. The good news was delivered on October 11, 2011 and represents the second time this venue has been selected. If you plan on coming to the Phoenix area for the Super Bowl, we’ve put together a few places you might want to visit while you’re here on your trip. We also put together an outline of the Arizona DUI Laws which are good to know when traveling to an event where partying may be on the menu.

Things to Do in the Phoenix Area During the Super Bowl

One of the great advantages that comes from hosting a Super Bowl is a temporary (BIG) boost to the local economy. The Phoenix metro area is loaded with things to do and sights to see.

  • Super Bowl Central – Groups involved with presenting the Super Bowl will be sponsoring concerts, beer gardens, food stands and other fun activities during the week leading up to the game.
  • The Phoenix area is loaded with some of the top golf courses in the country. Late January is a great time to tackle desert courses. And the PGA Tour will be in town the same weekend with the Waste Management Phoenix Open being played over in Scottsdale.
  • The city also features great fine dining facilities and some of the best nightlife in the region.

 

DUI Laws in the Phoenix Area

There is no denying that Super Bowl week creates a party environment. There are public and private parties at locations all across town. Because Arizona has very strict drunk driving laws it would be smart for visitors to be aware of the DUI laws, particularly in the Phoenix metro area that includes Mesa, Scottsdale, Tempe, Glendale, Peoria, Gilbert, & Chandler.

DUI in Arizona Penalties

  • Misdemeanor DUI/DWI (BAC .08-.149) = 10 days in jail, DUI classes, suspended license for 90 days, ignition locking device for 1-year, fines up to $1,500
  • Extreme DUI (BAC .15-.199) = 30 days in jail, DUI classes, suspended license for 90 days, ignition locking device for 1-year, fines up to $2,700
  • Super Extreme DUI (BAC .2.0 or above) = 45 days in jail, DUI classes, suspended license for 90 days, ignition locking device for 18 months, fines up to $3,200
  • Felony or Aggravated DUI – minimum of four months in prison for 3rd offense in seven years, receiving a DUI with a child (under 15) in the car, or receiving a DUI while license is suspended.

Best DUI Defenses

  • Proof of Defective Testing Equipment – This includes out-of-date certification of testing equipment by the DHS
  • Stopped Without Probable Cause – Law enforcement must have probable cause to stop any vehicle.
  • Not Operating the Vehicle (No Actual Physical Control) – The driver must be in the act of operating the vehicle, not just sitting in it.
  • Violation of Rights – You have the right to speak with attorney if you ask law enforcement to speak with one. Any delay could be a violation of your civil rights.
  • Probable Cause to Arrest – Officer must have proper and reasonable proof in order to stop and arrest you for DUI.

 

The chance to experience the Super Bowl is an awesome experience and privilege. The last thing anyone wants is to have the week ruined by a DUI charge or other criminal arrest. If you or someone you know needs a defense attorney for a criminal matter in Arizona, please call the Law Offices of David Michael Cantor to schedule a free case review with one of our lawyers. You can call us 24 hours a day, 7 days a week at (602) 307-0808 or send us an email and one of our lawyers will contact you as soon as possible.

 

Thanks to www.geauxforit.com for the cool image in this post.

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