Lawyer for Gila Bend Arizona

Lawyer for Gila Bend Arizona

Gila Bend Attorney

If you need to find an attorney who handles cases in Gila Bend Municipal Court or Gila Bend Justice Court (Ironwood Justice Court), in Arizona please give me a call, I can definitely help you. You need a lawyer who is experienced in both Gila Bend Justice Court (Ironwood Justice Court) and Gila Bend Municipal Court traffic and criminal offenses, and has extensive experience in the Gila Bend Court in which you are scheduled to appear.

Do You Live Out of State?

Most people who find themselves facing a traffic or criminal traffic case in Gila Bend were usually traveling through Gila Bend. I have helped many a client from the Southern California area who was driving through Gila Bend. For most cases, I am able to resolve your case without you having to have to go to the expense of taking off work and traveling back to Gila Bend for your court dates.

Criminal / Excessive Speed in Gila Bend

One of the most common crimes I represent people for in Gila Bend is what we refer to as criminal speed. It is actually officially entitled Excessive Speed in the Arizona Statutes. Many a traveler is surprised to find themselves facing a crime in Arizona for speeding.  Exceeding 85 miles per hour is a criminal offense. If you do not appear at Gila Bend Justice Court (Ironwood Justice Court) or Gila Bend Municipal Court for a criminal offense, they will issue a warrant for your arrest. So please take this charge seriously and if you need a lawyer to handle a criminal speeding or excessive speeding case in Gila Bend Arizona, give me a call.

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations

CDL Tickets/Violations in Gila Bend Arizona

CDL Tickets /Violations in Gila Bend Arizona

CDL Violations / CDL Tickets

Do you need to find an attorney who handles cases in Gila Bend Justice Court (Ironwood Justice Court) or Gila Bend Municipal Court? Sometimes it can be difficult to find a lawyer to handle Gila Bend Justice Court (Ironwood Justice Court) or Gila Bend Municipal Court. If you are a CDL driver and find yourself with a civil or criminal citation into Gila Bend Justice Court (Ironwood Justice Cuurt) or Gila Bend Municipal Court give me a call, I can definitely help you.

Out of State?

One thing some people don’t understand is how difficult it can be for to attend court appearances if you are a commercial driver. CDL drivers often find themselves scheduled to be hundreds of miles away in another state on the date they are assigned by the court. Hiring a lawyer experienced in handling CDL and traffic related offenses to appear for you is a good solution. For most cases you will not need to appear at court to resolve your case if you hire the right lawyer. You need a lawyer who is experienced in both CDL and traffic offenses, and has extensive experience in the particular court in which you are scheduled to appear. This allows you to continue working and resolve your case without interfering with your driving schedule or your employment.

Career Impact

If you are a commercial driver, your CDL license is your livelihood. You need to hire a lawyer who understands that for a CDL driver, even a single ticket can have a negative impact on your career and ability to drive commercially both in other states and the state of Arizona. You need an attorney who is experienced in CDL and other traffic offenses, and has extensive experience in the particular court in which you are scheduled to appear. Knowledge and experience in that court are essential if you hope to achieve a resolution that you can live with and continue driving.

These are some examples of common CDL violations that CDL drivers face in Gila Bend Arizona:

Unsafe Equipment
Overweight
Aggressive Driving
False Log Book
Criminal Speed
Speed
Excessive Speed
Hour Violations
Log not Current
Move Over Law
DUI
Open Container
Improper Lane Change
Following to Close
Medical Card Issues

 
THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations

 

DUI in Chandler Arizona

DUI in Chandler Arizona

If you find yourself facing a DUI in Chandler Arizona, you should contact a Chandler DUI Attorney who is familiar with defending DUI in Chandler Arizona.

Your DUI is a criminal offense in Chandler Arizona. Unless your license was suspended at the time, you already have two DUI convictions within 7 years, or you had a child under 15 years of age in the car, your Chandler DUI will be a class one misdemeanor. If you are stopped for a DUI in Chandler Arizona you will most likely land in one of three courts. Your Chandler DUI will be cited or charged in Chandler Municipal Court (also called the Chandler City Court), the San Marcos Justice Court, or the San Tan Justice Court.  All of these courts are located on Chicago Street in Chandler Arizona. The Chandler Municipal Court is located at 200 East Chicago Street Chandler, AZ 85225. The Justice Courts are located in the San Tan Regional Court Center across the street at 201 East Chicago Street Chandler, AZ 85225. The Municipal court is on the north side of Chicago while the Justice Courts are located on the south side of Chicago Street.

There are important differences between the courts. Contacting a Chandler DUI Lawyer who is experienced in the defense of DUI in the Chandler Municipal Court, the San Tan Justice Court and the San Marcos Justice Court is essential and can make a difference in the outcome of your case.

DUI in Chandler Municipal Court

DUI in Chandler Municipal Court is prosecuted by the City of Chandler Prosecutor’s Office. The Chandler Police Department relies on blood draws in their DUI investigations to determine blood alcohol content. The Chandler Police Department does have a crime lab equipped to test for blood alcohol content. The City of Chandler does have a home detention program.

DUI in San Marcos Justice Court

DUI in San Marcos Justice Court is prosecuted by the Maricopa County Attorney’s Office. There can be several different law enforcement agencies that may be responsible for investigating a DUI cited into the San Marcos Justice Court. You may find both blood and breath testing cases in San Marcos Justice Court. Blood results may be tested by the Department of Public Safety Crime Lab resulting in delays in obtaining the blood results. The San Marcos Justice Court does not have a home detention program.

DUI in San Tan Justice Court

DUI in San Tan Justice Court is prosecuted by the Maricopa County Attorney’s Office. There can be several different law enforcement agencies that may be responsible for investigating a DUI cited into the San Tan Justice Court. You may find both blood and breath testing cases in San Tan Justice Court. Blood results may be tested by the Department of Public Safety Crime Lab resulting in delays in obtaining the blood results. The San Tan Justice Court does not have a home detention program.

Speak to a Chandler DUI Lawyer who has extensive experience in the defense of DUI in both the San Marcos Justice Court and San Tan Justice Courts, as well as the Chandler Municipal Court to explain what these differences can mean to your case.

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations

DUI in Gilbert Arizona

DUI in Gilbert Arizona

If you find yourself facing a DUI in Gilbert Arizona, you should contact a Gilbert DUI Attorney who is familiar with defending DUI in Gilbert Arizona.

Your DUI is a criminal offense in Gilbert Arizona. Unless your license was suspended at the time, you already have two DUI convictions within 7 years, or you had a child under 15 years of age in the car, your Gilbert DUI will be a class one misdemeanor. If you are stopped for a DUI in Gilbert Arizona you will most likely land in one of two courts. Your Gilbert DUI will be cited or charged in either Gilbert Municipal Court or Highland Justice Court. Both Courts are located in the same building. There are important differences between the courts. Contacting a Gilbert DUI Lawyer who is experienced in the defense of DUI in both the Gilbert Municipal Court and the Highland Justice Court is essential and can make a difference in the outcome of your case.

DUI in Gilbert Municipal Court

DUI in Gilbert Municipal Court is prosecuted by the Town of Gilbert Prosecutor’s Office. The Gilbert Police Department relies on blood draws in their DUI investigations to determine blood alcohol content. The Gilbert Police Department does not have a crime lab equipped to test for blood alcohol content and in the recent past the Town of Gilbert had contracted with the City of Chandler Crime Lab to obtain results for their blood draws. Currently Gilbert is contracting with the City of Mesa Crime Lab to test their blood draws. Gilbert Police Officers often do not submit Admin Per Se Affidavits resulting in an SR22 requirement after conviction. The City of Gilbert does have a home detention program.

DUI in Highland Justice Court

DUI in Highland Justice Court is prosecuted by the Maricopa County Attorney’s Office. There can be several different law enforcement agencies that may be responsible for investigating a DUI cited into the Highland Justice Court. You may find both blood and breath testing cases in Highland Justice Court. Blood results may be tested by the Department of Public Safety Crime Lab resulting in delays in obtaining the blood results. The Highland Justice Court does not have a home detention program.

Speak to a Gilbert DUI Lawyer who has extensive experience in the defense of DUI in both the Highland Justice Court and the Gilbert Municipal Court to explain what these differences can mean to your case.

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations

Gilbert Criminal Law Lawyer / Highland Justice Court Criminal Law Lawyer

Gilbert Criminal Law Attorney / Highland Justice Court Criminal Law Attorney

I have practiced as a Gilbert Criminal Law Attorney and a Highland Justice Court Criminal Law Attorney in the Gilbert Courts for many years now. Because I live in Gilbert Arizona and I have a law office in Gilbert Arizona, I handle a large number of Gilbert Court cases. I have practiced in courts all over the State of Arizona, and the Gilbert Court house is a very nice facility. The abundance of roomy private conference rooms with large tables and an adequate number of chairs is an uncommon luxury that I quite enjoy. There is plenty of parking directly in front of the courthouse and I have never seen the parking lot come close to being full. I find the security staff to be very pleasant. The judges and court clerks at the Gilbert Court are very efficient, and you will not spend hours waiting for things to happen like some other courts.

Gilbert Municipal Court vs. Highland Justice Court

What is the difference between Gilbert Municipal Court and Highland Justice Court? I was asked to discuss Gilbert Municipal Court vs. Highland Justice Court. Both the Gilbert Municipal Court and the Highland Justice Court are actually located in the same building which can be a little confusing to some. The address is 55 East Civic Center Drive #101 Gilbert Arizona 85296. The difference between the two courts is jurisdiction. Both courts hear some of the same types of cases. In a criminal offense, the deciding factor as to which court you find yourself in is the location of where the events that lead to you being charged with an offense occurred. For example, if you are charged with Excessive (Criminal) Speeding in Gilbert Arizona, the location of the offense will determine which court you are cited to appear. If you are alleged to be excessive (criminal) speeding on a City of Gilbert Street and cited by the Gilbert Police Department, you will find yourself in Gilbert Municipal Court. If you are alleged to be excessive (criminal) speeding on the 202 freeway and cited by the Department of Public Safety, you will find yourself in Highland Justice Court. In Gilbert Municipal Court you will be prosecuted by the Town of Gilbert Prosecutor’s Office. While in Highland Justice Court, you will be prosecuted by the Maricopa County Attorney’s Office. There are significant differences between the two prosecutorial offices and their respective polices as they relate to specific crimes. It is important to talk to a Gilbert Criminal Lawyer who also has experience as a Highland Justice Court Lawyer and understands the differences between the two courts and and has extensive experience in dealing with the prosecutors in both offices. It can make all the difference in the outcome of your case.

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations

CDL Violations in Casa Grande Arizona

CDL Tickets / CDL Violations in Casa Grande Arizona


CDL Violations / CDL Tickets

Over the years, I seem to have handled more CDL violations out of Casa Grande Arizona in the Casa Grande Justice Court than any other court. That is why I have posted this specifically. If you are a CDL driver and find yourself with a civil or criminal citation into Casa Grande Justice Court or Casa Grande Arizona give me a call, I can definitely help you.

Out of State?

Being able to attend court appearances for a commercial driver can be extremely difficult. Many CDL drivers find themselves scheduled to be hundreds of miles away on their assigned court date. Hiring a lawyer experienced in handling CDL and traffic related offenses to appear for you is a solution. You need a lawyer who is experienced in both CDL and traffic offenses, and has extensive experience in the particular court in which you are scheduled to appear. For most cases you will not need to appear at court to resolve your case if you hire the right lawyer. This allows you to continue working and resolve your case without interfering with your driving schedule or your employment.

Career Impact
 
Your CDL license is your livelihood. You need a lawyer who understands that for a CDL driver, a single ticket can have a detrimental on your career and ability to drive commercially both in Arizona and other states. You need a lawyer who is experienced in CDL and other traffic offenses, and has extensive experience in the particular court in which you are scheduled to appear. Knowledge and experience in that court are essential if you hope to achieve a resolution that you can live with and continue driving.
 
These are some examples of common CDL violations that CDL drivers face in Casa Grande Arizona:

False Log Book
Unsafe Equipment
Overweight
Speed
Criminal Speed
Excessive Speed
Aggressive Driving
Reckless Driving
Log not Current
Hour Violations
Medical Card Issues
DUI
Open Container
Following to Close
Move Over Law
Improper Lane Change

 

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations

Jail for Criminal Speeding in Arizona?

Jail for Criminal Speed in Arizona?

In Arizona, you CAN go to jail for Criminal Speed. Criminal Speed is officially referred to as Excessive Speed in the Arizona statutes. You can be charged with Excessive Speed if:

1)    You exceed 85 mph.

2)    You exceed the posted speed limit by more than 20 mph in a residential or business district.

3)    You exceed 35 mph approaching a school crossing.

Excessive Speed is a crime. It is a class 3 misdemeanor in Arizona. For a class 3 misdemeanor in Arizona you can receive up to 30 days of jail. Your chances of receiving jail time go up in relation to your speed. In other words, a person charged with exceeding 85 miles per hour on a highway who is clocked at 102 miles per hour would have a greater risk of receiving jail time than a person who is clocked at 92 miles per hour. Many judges and prosecutors follow guidelines and policies as to where to begin to impose jail time. This varies from court to court.

To determine if you may be facing potential jail time it is important that you contact a lawyer who:

1)    offers a free consultation

2)    handles this crime often

3)    has extensive experience with this crime in the particular court you are required to appear.

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations

What is Criminal Speed in Arizona?

What is Criminal Speed in Arizona?

In Arizona, you can actually be charged with a crime for speeding. In the State of Arizona there are three different ways you can be charged for criminal speed.

1)    Exceeding 85 miles per hour.

2)    You can also be charged with criminal speed for exceeding the posted speed limit by more than 20 miles per hour in a residential or business district.

3)    Exceeding 35 miles per hour approaching a school crossing.

Criminal Speeding is officially referred to as Excessive Speed in the Arizona statutes. The crime of Excessive Speed is a class 3 misdemeanor in Arizona. For a class 3 misdemeanor you can be punished with up to 30 days of jail and fined up to $500.00. Additional surcharges can be added which almost double the base fine.

Because it is a crime, there will be a State Prosecutor assigned to prosecute your case.  If you miss a court date, the court will issue a warrant for your arrest. If you are interested in a more detailed definition and explanation of Criminal Speeding, call or contact a lawyer who is experienced with and handles this crime for a free consultation.


THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations

Do I Need an Attorney for a Criminal Speeding Ticket?

Do I Need an Attorney for a Criminal Speeding Ticket?

In Arizona, many people are surprised to find themselves charged with a crime for speeding. Many Arizona residents and travelers in Arizona are unaware that such a crime exits. If you are interested in a more detailed definition and explanation of Criminal Speeding, which is actually officially called Excessive Speed in the Arizona statutes. (see Consequences of Excessive (Criminal) Speeding in this blog)

If the State of Arizona, through the law enforcement officer who issued you the ticket, can prove beyond a reasonable doubt that you were traveling excess of 85 mph or speeding 20 mph or more over the posted speed limit for that particular area, you can be charged in Arizona with a class 3 misdemeanor. This means the State of Arizona will attempt to obtain criminal conviction subjecting you to potential jail time. Yes, you can actually go to jail for Excessive Speed in Arizona. For a detailed explanation of misdemeanors in Arizona (see Misdemeanors in Arizona in this blog)

What are the Benefits of Representation on a Criminal Speeding Charge?

Since you are actually charged with a crime, this entitles you to all the rights and protections afforded any citizen who is charged with a criminal offense. The State of Arizona is required to prove your Excessive Speeding (Criminal Speeding) charge with the same burden of proof necessary to prove any type of criminal case. That means that there will be a State Prosecutor who is assigned your case. In a civil speeding violation, the law enforcement Officer who issued the ticket shows up to court. In a criminal case you will be prosecuted by a State Prosecutor. A State Prosecutor is a lawyer who represents the State of Arizona. On TV they always call them DA’s. The general public seems to be more familiar with that name. In a criminal trial there is a different level of proof that you are entitled, unlike a normal civil traffic speeding violation. (see The Difference Between Criminal Traffic Violations vs. Civil Traffic Violation in Arizona in this blog), At a criminal trial the State of Arizona must prove the Excessive Speed offense beyond a reasonable doubt. Unlike a civil traffic violation, the Arizona Rules of Criminal Procedure and the Arizona Rules of Evidence apply in this trial. An experienced trial lawyer can be of great assistance to you at each of the various stages of a criminal proceeding such as this. An experienced trial lawyer may be able confront the State of Arizona’s prosecutor and achieve an acquittal (dismissal of the charges) at trial. A good lawyer may also be able to convince the prosecutor to dismiss the crime prior to trial, or reduce the charge to a civil violation.

There are many negative consequences of Excessive Speeding (Criminal Speeding). An experienced trial lawyer can help you avoid a criminal conviction. With skilled representation you may be able to avoid consequences including:

Up to 30 days of jail time
Mandatory fines plus surcharges
Court ordered classes
Court ordered community service
Classes ordered by Arizona Motor Vehicle Division (MVD)
Points accessed by Arizona Motor Vehicle Division (MVD) to your driving record
Potential suspension or revocation of your driver’s license
Higher insurance, cancellation, or denial of insurance
Conviction of a crime resulting in a criminal record
Effects on immigration status, visas, and passports
Court ordered probation
Having to report a criminal conviction for employment
Negative consequences to vocational licenses (nursing, teaching, security clearances, etc.)
Having your vehicle impounded
 

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations  
  

Release, Bail & Bond

Release, Bail & Bond
What is bail? Is bail different that a bond? How do you get released on bond? How do I post bail? What is a bail bond? These are all good questions, especially when someone you care about has been arrested, is in custody and you want to get them out.

A person who is accused or charged with a crime is called a defendant in the criminal justice system. When a defendant is charged with a crime and brought before the Court, the Court will normally set release conditions for most crimes. The Court wants to make sure that the defendant will appear at future court proceedings. A defendant’s release may be as simple as a promise to appear, also known as being released on one's own recognizance, which is often referred to as “OR.” The court may also require a defendant to secure release by posting a bond.

The Court considers two main factors when deciding release conditions. The first factor the Court considers is whether or not the defendant poses a flight risk. In other words, is there a risk that the accused may flee and not show up on the scheduled court date. The second factor the Court considers is the danger the defendant may pose to the community. The judge considers this in light of the crime that the defendant has been accused of, the manner in which it was committed and things like the defendant’s prior criminal history.

What is Bond?The words bond and bail are often used interchangeably. Bond is money or property that is deposited with the court to ensure that the Defendant will return to court when required to do so. If the defendant returns to court as required, the bond will be returned at the end of the case. This is true even in the event that the defendant is convicted. However, should the defendant fail to return to court when required or violate the release conditions, the bond may be forfeited to the court.

The Law Behind Release and BondThe United States Constitution and the Arizona Constitution establish bail for those accused of crimes. Despite the accusations and charges against a Defendant, it is important not to lose focus on the fact that a Defendant is presumed innocent. The law requires that bail should not be excessive.

In Arizona the Court may consider the following factors when deciding the bond amount.
 The character and reputation of the defendant
 The ties the defendant has to the community
 The criminal history, if any, of the defendant
 The nature and gravity of the offense(s) charged The measure of punishment being faced
 The financial resources and assets of the defendant Other relevant facts
A lawyer can be extremely valuable in securing your release or substantially reducing the bond after it is originally set.

THE LAW OFFICE OF KARL A. MUELLER, PLC Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations

Requirements for Photo Enforcement Signs in Arizona

Photo Enforcement Sign Requirements in Arizona

What does the law require for photo enforcement signs? What are the signage requirements for photo a photo enforcement zone? Do they have to put up warning signs for photo enforcement? These are good questions that I get from callers.

Arizona law requires:
Every local authority or agency of the State or Arizona using a photo enforcement system must adopt standards and specifications that indicate to a person operating a motor vehicle that a photo enforcement system is present and operational. There is an exception, which is: These standards do not apply however to a mobile photo enforcement vehicle during the time a mobile photo enforcement vehicle is deployed on streets with a posted speed limit of forty miles per hour or less.

But if it is a posted speed limit of more than forty miles per hour, the standards and specifications must include both of the following:

1. At least two signs shall be placed in a location before a photo enforcement system. One sign shall be in a location that is approximately three hundred feet before the photo enforcement system. Placement of additional signs shall be more than three hundred feet before a photo enforcement system to provide reasonable notice to a person that a photo enforcement system is present and operational.

2. Signs indicating a photo enforcement system shall be removed or covered when the photo enforcement system is no longer present or not operating.

Signs erected by a local authority or agency of this state as prescribed in this section shall contain a yellow warning notice and correlate with and as far as possible conform to the system set forth in the most recent edition of the manual on uniform traffic control devices for streets and highways.

The Manual for Uniform Traffic Control Devices for Streets and Highways requires the sign to be posted at a height of at least 7 feet if permanent and at least 5 feet if temporary. The Border must be the same color as the legend and reside at or just inside the edge of the sign. The letters must be at least 8 inches high, and the sign should be placed on the right side of the roadway. The sign also must be reflect light and be visible at night.

If the standards and specifications prescribed pursuant to this section are not in effect during the operation of a photo enforcement system, the court may dismiss any citation issued to a person who is identified by the use of the photo enforcement system.

During the time a vehicle containing photo enforcement equipment is being used to identify violators of this article and article 6 of this chapter, the rear of the vehicle shall be clearly marked to indicate that the vehicle is functioning as a photo enforcement vehicle.

Commentary
Before you get your hopes up in winning a case based on improper signage, note the word ‘may’ in the part of the statute that reads “If the standards and specifications prescribed to this section are not in effect during the operation of a photo enforcement system, the court may dismiss any citation issued . . . “

This is what we lawyers call a toothless law. If law enforcement or the private entity law enforcement employs fails to comply with the law on this highly lucrative enforcement method, the judge does not have to dismiss the citation. It is discretionary with the judge. In other words you can win your case and prove that law enforcement violated the law and still be required to pay the money they are seeking, be held responsible for the points against your license, and suffer increased insurance rates etc.

Imagine if we as citizens could have discretion as to whether or not to follow the law. Imagine going to court and being found responsible for a traffic violation and ordered by a judge to pay a fine and being able to stand up and say, “You know judge, I don’t feel like following the law today, so I am going to have to ask you to reverse your finding and enter a finding of not responsible. Oh, and by the way I am going exercise my discretion not to pay the fine either.”

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations

Reckless Under Arizona Law

Reckless Under Arizona Law

What does reckless mean under Arizona law? What is the legal definition of reckless? What does the State have to prove for Reckless Driving? These are questions I often encounter.

Here is the actual definition of “Recklessly” under Arizona law:

"Recklessly" means, with respect to a result or to a circumstance described by a statute defining an offense, that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists.

The risk must be of such nature and degree that disregard of such risk constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but who is unaware of such risk solely by reason of voluntary intoxication also acts recklessly with respect to such risk.

I want to briefly discuss a few of the key phrases and what I typically argue they require.

aware of and consciously disregards
This means that the State must first establish a risk, and then prove that you knew about that risk and then knowingly disregarded the risk.

substantial and unjustifiable
It can’t just be any risk. It has to be a substantial one. Also, if you can argue there was a justifiable reason to engage in the conduct the State is alleging is reckless than you have a defense.

that result will occur or that the circumstance exists
It can’t be a risk that can’t occur or isn’t a risk at the time. For example it may be reckless to shoot a gun in a public park, but not reckless to shoot it in the desert. In the park it is very likely someone may unintentionally be hit by a ricochet or bullet that travels farther than intended due to the high density of people, whereas in the desert no one is around to be put at risk.

gross deviation
The fact that the legislature chose the word ‘gross’ should always be emphazed. Just because many people wouldn’t engage in the conduct is not enough. The conduct must grossly deviate from what a reasonable person would do.

reasonable person
What constitutes reasonable or a reasonable person is subject to a lot of interpretation and can be a important area of argument.


THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations

MVD Points in Arizona

MVD Points in Arizona

How many points is my Arizona traffic violation? How many points will go on my driving record for this violation? How many points do I get for this ticket in Arizona? How many points can I get before Arizona Motor Vehicles Division (MVD) suspends my driver’s license? What are points? How many points can I have on my license? These are common questions that people ask me almost every day. I wanted to take a moment to answer these questions and list a few common violations and the accompanying points that MVD assesses to an individual’s driving record for those violations.

Arizona law requires the Motor Vehicles Division (MVD) to assess points to a motorist for judgments or convictions for certain violations of Arizona law. These points go on your Motor Vehicle Record (MVR). It is the accumulation of points that dictates action by MVD. The number of points required for MVD to take action against your driving privilege may depend on your age and driving record. For example if you are under 18 years of age the number of points you can accumulate before MVD suspends your driving privilege is different than if you are 21 years of age. Also certain violations require the attendance of Traffic Survival School (TSS). Once you have attended TSS, if you receive any points in the following 24 months MVD will suspend your driving privileges regardless of the total number of points on your Motor Vehicle Record (MVR) or the number of previous violations. (see Something to Consider Before you Plead Responsible to a Red Light Violation in Arizona in this blog) also (see Defensive Driving School vs. Traffic Survival School in this blog)

Here are a few common violations and the points associated with being found responsible or guilty for these violations:

Violation / Description / Points

28-644A1 / Failure to Obey a Traffic Control Device / 2
28-645A3a / Failure to Stop for a Red Light / 2
28-693 / Reckless Driving / 8
28-695 Aggressive Driving 8
28-701A / Speed not Reasonable and Prudent / 3
28-701.02 / Excessive Speed / 3
28-708A / Racing on Highways / 8
28-730A / Following too Closely / 2
28-797E / Speed Greater than 15 MPH in a School Crossing / 2
28-1381A1 / DUI / 8
28-1381A2 / DUI .08% or more / 8
28-1381A3 / DUI Drugs / 8
28-1382 / Extreme DUI / 8


THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations

How Felonies are Charged in Arizona

How Felonies are Charged in Arizona

How is a felony charged? Will I be arrested? What can I expect? These are questions I often get from people who have been arrested for a felony and are still awaiting charges. They have no idea what to expect, and many unanswered questions about the process of how felony charges are filed. It is understandably very unsettling to have felony charges looming in the near future especially when you have no idea what to expect. People worry that one day soon the police are going to show up at their place of work and haul them off to jail. Here is a brief explanation of how felonies are charge in Arizona.

After the investigating law enforcement agency believes they have accumulated enough evidence to support felony charges, that agency will submit their investigation and recommended charges to the appropriate prosecutorial agency. A prosecutor reviews the submittal and then makes a decision as to what charges to file and what process to bring those charges. A felony case is charged by either the grand jury or a criminal complaint.

Grand Jury
If a case goes forward by way of the grand jury, the prosecutor presents a summary of the evidence to a grand jury. The grand jury then decides whether or not there is enough evidence to go forward. If the grand jury feels there is enough evidence that probable cause exists, then the grand jury issues what is called a “true bill” and an indictment is issued. The grand jury indictment is then filed with the court.

Complaint
If a case goes forward by way of complaint, a prosecutor reviews the recommended charges and a complaint is filed under oath by a peace officer alleging that an offense occurred and the person charged committed the offense. The defendant is then typically served with a criminal summons to appear in court on the charges. A prosecutor can elect to proceed by requesting a warrant, but a summons is the preferred method. If a defendant fails to appear and honor the summons, the trial court will issue a warrant for the defendant’s arrest. A defendant who is charged by complaint is entitled to a preliminary hearing for a determination of probable cause by a magistrate before the prosecution can proceed with the charges.

In contrast, a defendant charged by indictment is not entitled to a preliminary hearing because the grand jury has already made the finding of probable cause.” For more on the consequences of a felony conviction (see Consequences of a Felony Conviction in this blog)


THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations

Do I Need a Lawyer for a Criminal Speeding Charge?

Do I Need a Lawyer for a Criminal Speeding Charge?

You may be surprised to find yourself charged with a crime for speeding. Many Arizona drivers are unaware that such a crime exits. If you would like a detailed definition and explanation of Criminal Speeding (see Consequences of Excessive (Criminal) Speeding in this blog)

Basically, if the State can prove that you were in excess of 85 mph or speeding 20 mph or more over the posted speed limit, you can be charged with a class 3 misdemeanor in Arizona subjecting you to a criminal conviction and possible jail time. For a detailed explanation of misdemeanors in Arizona (see Misdemeanors in Arizona in this blog)

Benefits of Representation on a Criminal Speeding Charge

Because you are charged with a crime, you are entitled to all the rights and protections afforded any citizen charged with a criminal offense. The State must prove your Criminal Speeding charge with the same burden of proof necessary to prove any type of criminal case. Unlike a normal civil traffic speeding violation (see The Difference Between Criminal Traffic Violations vs. Civil Traffic Violation in Arizona in this blog), you are entitled to a trial where the State must prove the offense beyond a reasonable doubt. The Arizona Rules of Criminal Procedure and the Arizona Rules of Evidence apply in this trial unlike a civil traffic violation. An experienced trial lawyer can be of great assistance to you at each of the various stages of a criminal proceeding. An experienced trial lawyer may be able to acquit you of the crime at trial, convince the prosecutor to dismiss the crime prior to trial, or reduce the charge to a civil violation.

There are many negative consequences of Criminal Speeding conviction that an experienced trial lawyer can help you avoid. With skilled representation you may be able to avoid consequences including:

Up to 30 days of jail time
Mandatory fines
Classes
Points accessed by Motor Vehicle Division (MVD) to your driving record
Potential suspension or revocation of your driver’s license
Higher insurance, cancellation, or denial of insurance
Conviction of a crime resulting in a criminal record
Effects on immigration status, visas, and passports
Probation
Community service
Having your vehicle impounded


THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations

Options If You Have Received a Traffic Ticket

Options If You Have Received a Traffic Ticket

You have received an Arizona traffic ticket. Now what? People often want to know what options are available to them after receiving a traffic ticket. First, we need to be clear about the difference in Arizona between a criminal traffic and a civil traffic ticket. (see The Difference Between a Criminal Traffic and Civil Traffic Case in this blog) The options listed below apply to a civil traffic ticket. If you are not sure what kind of ticket you have please contact a lawyer.

If you have received an Arizona Traffic Ticket and Compliant alleging a civil violation, this means that the State of Arizona is alleging that you committed a civil traffic violation. The ‘ticket’ may also be referred to as a complaint, or citation. The violation may also be referred to as a charge. In Arizona you may have several options of how you may proceed.

Option #1: Requesting a Hearing
If you disagree with the charge(s) and wish to dispute the charge(s) on the citation you should plead not responsible. A plea of not responsible means that you deny that you committed the violation(s) listed on the citation and are requesting a civil traffic hearing. At this hearing the officer who issued the ticket will have to prove that you committed the violation. A civil traffic hearing is a trial held before a Judge or Hearing Officer who decides both the facts and the law of the case. At this hearing the issuing officer must prove the violation(s) listed on the citation against you by a preponderance of evidence. This means that the officer must prove that it is more likely than not that you committed the violation. If your citation lists more than one charge, you will need to enter a plea for each charge. You are not required to enter the same plea for all charges. In other words you may plead responsible to one violation and challenge other violations.

You may choose to hire and be represented by a lawyer at your hearing. You cannot be represented by someone who is not a licensed attorney in the State of Arizona. If you decide to have a lawyer represent you, you must notify the Court in writing at least 10 days prior to your hearing.

Option #2: Pleading Responsible
If you plead responsible and pay the fine, this means you agree that you committed the violation(s) listed in the citation. Being found responsible of certain violations will cause the State of Arizona Motor Vehicle Division to assess points to your Motor Vehicle Record (MVR) often also called your driving record. The Motor Vehicle Division (MVD) may suspend or revoke your privilege to drive depending on the number of points you accumulate. Your insurance company may also increase your insurance rates based upon findings of responsible.

Option #3: Traffic School
You may be eligible to attend Defensive Driving School (DDS) if you have not previously attended Defensive Driving School (DDS) within two years of the date of your current citation. Defensive Driving School (DDS) is different from Traffic Survival School (TSS) (see Defensive Driving School (DDS) vs. Traffic Survival School (TSS) in this blog).

Defensive Driving School (DDS) is an educational course that you must successfully complete and pass usually prior to your scheduled court date. Make sure to attend a course approved by your particular court. If you encounter difficulty in scheduling a course, contact the court as you may be able to request an extension. Why should you consider Defensive Driving School (DDS)? Once you provide the court with proof of completion of the course, the court will dismiss the citation resulting in no points being accessed to your driving record and no changes to your insurance rates. It is important to note that in Arizona, you will not be allowed to attend Defensive Driving School (DDS) to dismiss your citation if you have a commercial driver’s license (CDL).


THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations

Driver's License Suspension vs. Revocation

Driver's License Suspension vs. Revocation in Arizona

In Arizona is there a difference between your driver’s license being suspended vs. revoked? What is the difference between a driver’s license suspension and a revocation?

In Arizona, it is important to understand that driving is a privilege governed by the State through the Arizona Department of Transportation (ADOT) Motor Vehicles Division (MVD). Driving is not a right. Arizona courts hear both civil and criminal matters involving crimes and violations that may affect your driving record. Your driving record in turn may then affect the status of your license leading to suspension or revocation.

Suspension
In Arizona, a driver’s license suspension is the temporary removal of your license or privilege to drive. This is an action taken by Arizona Department of Transportation (ADOT) Motor Vehicles Division (MVD) after a review of your driving record also referred to as your Motor Vehicle Record (MVR). If your license is suspended, then it must be reinstated before you can legally drive. A driver’s license suspension will remain in effect until the prescribed time period of the suspension is served and you make an application for reinstatement and pay the applicable reinstatement fee.

Revocation
Re-establishing your ability to drive after a revocation is more difficult than a suspension. In Arizona, a driver’s license revocation is the complete removal of your license or privilege to drive. Your license will remain revoked until you apply for a new license. As part of the application for a new license, you must submit and pass an investigation into your driving record. All outstanding obligations must be satisfied in order to qualify for re-instatement of your privilege to drive.

Suspension vs. Revocation
A license suspension is for a definite period of time. With a suspension, once the suspension period has elapsed, your license is eligible for re-instatement. During your suspension period you may be eligible for restricted privileges. A license revocation on the other hand is the complete removal of your license. After a revocation, you must apply for a new license and during the revocation you are not eligible for restricted privileges.


THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations

Driving on a Suspended License in Arizona

Driving on a Suspended License in Arizona

In Arizona, Driving on a Suspended License is a crime. The crime of Driving on a Suspended License is a class 1 misdemeanor. (see Misdemeanors in Arizona in this blog) Driving While Suspended requires proof beyond a reasonable doubt. The elements of the crime of Driving on a Suspended License are met anytime the State can prove you knowingly operated a motor vehicle while your license was suspended, revoked, or cancelled.

A driver’s license suspension is the temporary removal of your privilege to drive. It is an action taken by Motor Vehicles Division (MVD) after a review of your Motor Vehicle Record (MVR), also commonly called you driving record.

Re-Instatement
If your driver’s license is suspended, the suspension will remain in effect until you make an application for reinstatement and pay the applicable fine. Many times the suspension notice for Motor Vehicles Division (MVD) will indicate that you will be suspended for a determined period of time. What tends to escape many people is that until you pay a "reinstatement fee", your license will be suspended indefinitely. Often people believe that they have served their suspension period and begin to drive again mistakenly believing that the suspension has been lifted.

Depending on the reason the prosecution is claiming your license was suspended, you may be charged with three different types of Driving on a Suspended License. The State must prove that Motor Vehicles Division (MVD) made notification that your license had been suspended. However, Arizona law only requires the State to show that you "should have known" that your license was suspended. In other words, a claim that you moved and no longer live at the address that Motor Vehicle has on record, may fail since Arizona law requires you to notify Motor Vehicle Division of a change of address within ten (10) days.

Consequences of Driving on a Suspended License
Be careful, depending on the facts of your case and your driving history, being found guilty of Driving on a Suspended License can have many potential consequences including:

Being arrested on the spot
Impounding of your vehicle
Mandatory jail time
Mandatory Fines
Conviction of a crime resulting in a criminal record
Extension and re-suspension or revocation of your license
Points being accessed to your driving record
Higher insurance, cancellation of insurance, or denial of insurance
Effects on immigration status, visas, and passports
Probation
Community service


THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations