Phoenix DUI Lawyer Blog

Arizona Criminal Defense Attorney

If you have been charged in Arizona with a hit and run, the consequences may be More serious than you may expect depending on the severity and circumstances involved. If bodily injury or fatality is involved, the punishments and sentencing for an Arizona conviction are extremely harsh. You should consult an Arizona Criminal Defense Attorney who is experienced in defending hit and run cases.

28-661. Accidents involving death or personal injuries; failure to stop; classification; driver license revocation
A. The driver of a vehicle involved in an accident resulting in injury to or death of a person shall:
1. Immediately stop the vehicle at the scene of the accident or as close to the accident scene as possible but shall immediately return to the accident scene.
2. Remain at the scene of the accident until the driver has fulfilled the requirements of section 28-663.
B. A driver who is involved in an accident resulting in death or serious physical injury as defined in section 13-105 and who fails to stop or to comply with the requirements of section 28-663 is guilty of a class 4 felony, except that if a driver caused the accident the driver is guilty of a class 3 felony.
C. A driver who is involved in an accident resulting in an injury other than death or serious physical injury as defined in section 13-105 and who fails to stop or to comply with the requirements of section 28-663 is guilty of a class 6 felony.
D. The sentence imposed on a person for a conviction under this section shall run consecutively to any sentence imposed on the person for other convictions on any other charge related to the accident.
E. The department shall revoke the license or permit to drive and any nonresident operating privilege of a person convicted pursuant to subsection B of this section for five years.
F. The department shall revoke the license or permit to drive and any nonresident operating privilege of a person convicted pursuant to subsection C of this section for three years.

All vehicular crimes cases including hit and run can be considered very serious Offenses. If charged, you should consult an Arizona criminal defense Attorney to discuss the circumstances of your case. Based on the severity of the offense you many need to retain legal representation. Your Arizona Criminal Attorney will gather, and examine the evidence. Your Arizona criminal lawyer will then mount a defense best suited to challenge the charges you face. This may include obtaining an independent evaluation from accident reconstruction specialists, or other independent examination, causation, and other intervening factors. James Novak has the experience in Arizona criminal defense law to provide an immediate strong legal representation you need to be successful in defending hit and run charges. James Novak also has an Engineering Degree and draws from his education, training and experience to deal with such vehicular crimes and investigations dealing with hit and run accidents.

Continue reading "Law Arizona: Hit and Run " »

ARIZONA CRIMINAL DEFENSE

Arizona Laws dictate that involvement of an accident, leaving the scene is a criminal offense. These offenses can carry harsh punishments depending on the severity of the offense. It is important that you consult an experienced Arizona Criminal Defense attorney that has a solid understanding of the factors involved in the police investigation, prosecution, and is experienced and defending vehicular crimes.

Leaving the Scene of an Accident A.R.S. § 28-661

In Arizona, if you are involved in an auto accident that involves injury or death and knowingly fail to stop and give reasonable assistance, you can be charged with a felony. If the accident involves something less than serious injury or death, the criminal offense is a class 5 felony, punishable by up to 2.5 years in prison. If the accident results in serious injury or death, the criminal offense is a class 3 felony, punishable by up to 8.75 years in prison. Worst still, if you caused the auto accident, the offense is a class 2 felony, punishably by up to 12.5 years in prison. This sentence must run consecutively (back-to-back) to any other criminal sentence imposed for other criminal convictions related to the accident.

Under Arizona Law A.R.S. §28-662, a driver of a vehicle, involved in an accident that only results to damage to a vehicle driven, must: 1. Immediately stop the vehicle at the scene of the accident or as close to the accident scene as possible, but shall immediately return to the accident scene. 2. Remain at the accident scene until the driver has fulfilled the requirements of A.R.S. 28-663. 3. Make the stop without obstructing traffic any more than necessary A person is guilty of a Class 3 misdemeanor if he fails to stop or comply with A.R.S. §28-662.

All vehicular crimes cases including leaving the scene, weigh heavily on your Arizona criminal Attorney to examine and challenge the evidence with respect to the circumstances and legal issues. This can include obtaining an independent evaluation from accident reconstruction specialists, causation, and other intervening factors. James Novak has the experience in Arizona criminal defense law to provide an immediate strong legal representation you need to be successful in defending your leaving the scene of an accident charge. James Novak also has an Engineering Degree and draws from his education, training and experience to deal with such vehicular crimes and investigations dealing with leaving the scene of an accident.

Continue reading "ARIZONA CRIMIAL LAW - Leaving the Scene" »

Criminal Negligence Defense Attorney Arizona

Arizona Negligent Homicide is often referred as vehicular homicide. This occurs when A traffic accident resulted in an unfortunate fatality. This is a most severe offense which carries with it most severe punishments if convicted. If you have been charged with "criminal negligence" or "negligent homicide" you should consult An Arizona Criminal Defense Attorney who is experienced at defending these types of cases.

Negligent Homicide A.R.S. § 13-1102

In Arizona, a driver that causes the death of another person in an accident can be charged with "criminal negligence" meaning the driver fails to perceive a substantial and unjustifiable risk, where a reasonable person clearly would have; and that the failure to recognize it is a gross deviation from what a reasonable person would do given the same or similar situation. If you were driving under the influence of drugs or alcohol and caused an accident and death you can face a charge of negligent homicide. Negligent homicide is a serious Arizona felony criminal charge. It is considered a Class 4 felony. A conviction for negligent homicide can result in a term of imprisonment of up to 3.75 or more years for a first offense, if the court does not grant probation at sentencing or if the defendant has their probation revoked for any reason. For a conviction, the crime of negligent homicide requires proof that the defendant, by criminally negligent conduct, caused the death of another person

At this point, you should know there is a distinction between manslaughter and negligent homicide: For manslaughter the defendant must have been aware of a substantial risk and consciously disregarded the risk that his conduct would cause death. With Negligent Homicide, the prosecution need only prove that the defendant failed to recognize the risk.

Due to the severe nature of the charges and possible prison sentences associated with these charges, you or your loved one will need an experienced Arizona Criminal Defense Lawyer who will aggressively fight for your rights, defend your charges, and seek the best possible outcome for your case.

Continue reading "Negligent Homicide - Arizona Laws " »

Arizona Criminal Defense Attorney

An auto accident with injury or death involving Arizona DUI with alcohol or drugs,will result in serious Arizona criminal charges. If you leave the scene of the accident, additional charges can be added. In Arizona, vehicular assaults and manslaughter are viewed and prosecuted as seriously as shooting or killing someone with a handgun. It is important for you to consult an Arizona Criminal Defense Attorney experienced in defending vehicular crimes.

Although many may view vehicular crimes as accidents, Arizona aggressively prosecutes driving recklessly. What this means is that even though there is nothing intentional about an accident, a negligent driver can still be subject to Arizona criminal conviction and subject to serious sentencing. This includes loss of your right to drive, probation fines, community service, counseling, jail, even prison.

Defending Vehicular Crimes in Arizona

Vehicular Crimes include but are not limited to the following:

• Negligent Homicide
  
• Vehicular Aggravated Assault
  
• Endangerment
  
• Leaving the Scene of an Accident
  
• Unlawful flight
  
• Driving under the influence (DUI) of alcohol or drugs
  

The impact of an Arizona vehicular crime conviction on you, your family, employment and other aspects of your life can be profound. Before you talk with police, call an experienced Criminal Defense Attorney, one who is very familiar with defending Arizona Criminal Defense and DUI defense matters. If you were involved in an accident and facing criminal charges with any Arizona vehicular crime, you must treat the Arizona vehicular crimes charges very seriously, as you can be convicted and sentenced to a lengthy prison sentence.

Continue reading "ARIZONA LAWS - Vehicular Crimes " »