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Ted Agnick | DUI & Criminal Attorney

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Prescott, AZ 86301

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January 23, 2024
Posted on Author By admin Categories Arizona Revised Statutes, Criminal Defense, Firearms Crimes

What Guns Can I Possess in Arizona?

Prescott Gun Rights Lawyer

 

Weapons and Firearms Attorney in Prescott, AZ

Arizona boasts permissive laws concerning firearms and weapons compared to many other states. Despite this permissiveness, the repercussions for violating Arizona’s gun laws can be severe. At TED Law in Prescott, our dedicated team is focused on safeguarding the Second Amendment rights of our clients and assisting those confronting criminal charges related to firearms. We emphasize the importance for Arizona residents to comprehend their rights under the law to avoid potential legal issues.

Legal Firearms

In accordance with Arizona law, residents enjoy the freedom to own and possess a diverse range of firearms. Section § 13-3101 of the Arizona Criminal Code defines a firearm as any “handgun, pistol, revolver, rifle, shotgun, or other weapon” utilizing an explosive to expel a projectile. Notably, BB guns, pellet guns, and other air-powered guns fall outside this definition. The legal characterization of a firearm also excludes guns that are permanently inoperable.

Arizona does not mandate obtaining a license or registration for purchasing or owning a gun. Individuals aged 18 or older can buy a legal firearm from a private individual, while purchasing from a federally-licensed dealer requires individuals to be at least 21 years old. Additionally, individuals must be legally permitted to possess a firearm. Legal firearms in Arizona encompass:

  • Semi-automatic firearms: Guns capable of rapid succession firing with each round requiring a separate trigger pull.
  • “Assault” weapons: Rifles or shotguns featuring specific aesthetic and functional features like a detachable magazine, folding stock, or pistol grip. Semi-automatic assault weapons are permissible in Arizona.

Illegal Firearms

Arizona gun laws designate very few firearms as illegal. Prohibitions include:

  • Automatic weapons (machine guns): Firearms firing more than one round with a single action of the trigger.
  • Short-barreled rifles: Rifles with barrels less than 16 inches long.
  • Short-barreled shotguns: Shotguns with barrels less than 18 inches long.
  • Sawed-off weapons: Rifles or shotguns modified to an overall length of less than 26 inches.

Prohibitions also extend to silencers or devices designed to muffle firearm reports, as well as the purchase, sale, or possession of explosive devices like bombs, rockets, grenades, or mines.

The Sale and Transfer of Guns

Private individuals in Arizona retain the right to sell or transfer firearms without background checks or state registration requirements. However, selling or transferring firearms to a prohibited possessor may result in weapons misconduct charges.

Arizona law prohibits local municipalities, including city and county governments, from enacting regulations, ordinances, or taxes related to firearms or ammunition possession, sale, transfer, licensing, or registration.

Protecting Your Rights in Prescott

For comprehensive information on permissible gun types under Arizona law, reach out to our office. Call 602-453-3100 for a confidential consultation at TED Law, offering a broad spectrum of legal services to address questions about gun rights and assist those facing criminal charges related to weapons violations. Our firm serves clients in Prescott, Yavapai County, and surrounding areas.

January 18, 2024
Posted on Author By admin Categories Criminal Defense, Defense Strategies, DUI, Vehicular Crimes

Navigating Special Ignition Interlock Restricted Driver Licenses (SIIRDL) in Arizona

Understanding SIIRDL:

Step 1: Know Your Eligibility:

Before diving into the SIIRDL process, ensure you meet the eligibility criteria. Generally, it applies to individuals facing license suspension due to DUI offenses, including alcohol or drug-related violations.

Step 2: Application Process:

  1. Submit an Application: Start by submitting an application for a SIIRDL. This involves completing the necessary forms and providing required documentation.
  2. Pay Application Fee: Be prepared to pay an application fee, as outlined by the Arizona Department of Transportation. This fee contributes to the processing of your SIIRDL application.

Step 3: Ignition Interlock Device Installation:

Upon approval, you’ll need to install a certified Ignition Interlock Device (IID) in your vehicle. This device is designed to prevent the vehicle from starting if alcohol is detected on your breath.

Step 4: Compliance with IID Requirements:

To maintain your SIIRDL, it’s crucial to comply with the IID requirements. This includes regular maintenance checks and data reporting.

Step 5: SIIRDL Issuance:

Once you’ve met all the necessary conditions, the Arizona Department of Transportation will issue your SIIRDL. This license allows you to drive with certain restrictions during your suspension period.

Additional Tips and Information:

Understanding Restrictions:

  • While operating a vehicle with a SIIRDL, it’s important to adhere to the specified restrictions.
  • Violating these restrictions can lead to further consequences, so it’s crucial to understand and follow them diligently.

Record Keeping:

  • The Arizona Department of Transportation maintains records of the suspension or revocation, even if a SIIRDL is issued.
  • This information is crucial for future reference and may impact subsequent driving privileges.

Seeking Professional Guidance:

  • Navigating the SIIRDL process can be complex. Seeking guidance from legal professionals with expertise in DUI cases can provide valuable insights and assistance.

How Our Law Firm Can Help:

  1. Case Evaluation:
    • We provide a thorough evaluation of your case to determine eligibility for a SIIRDL.
  2. Guidance Through the Process:
    • Our experienced legal team guides you through each step of the SIIRDL process, ensuring you understand your rights and obligations.
  3. Documentation Assistance:
    • We assist in preparing and submitting all necessary documentation for a seamless application process.
  4. Appeals and Hearings:
    • If needed, we can represent you in appeals or hearings to address any issues related to the SIIRDL application.
  5. Legal Advocacy:
    • Our law firm serves as your advocate, working towards the best possible outcome for your situation.

Conclusion:

The SIIRDL process is designed to offer individuals a chance to regain limited driving privileges while ensuring road safety. By understanding the steps involved and meeting all requirements, you can successfully navigate this process. Remember, compliance with IID regulations and adherence to restrictions are key to a smooth experience.

Whether you’re currently facing DUI-related issues or looking to stay informed about Arizona’s driving regulations, this guide serves as a valuable resource. Drive responsibly, stay informed, and make informed decisions to regain control of your driving privileges.

Conclusion: Obtaining a Special Ignition Interlock Restricted Driver License can be a lifeline for those facing license suspension due to DUI-related offenses. Our law firm is here to simplify the process, offering guidance, support, and legal expertise to help you navigate through this challenging situation. Don’t let a DUI charge define your future; let us help you take control and move forward.

December 5, 2023
Posted on Author By admin Categories Criminal Defense, Vehicular Crimes

EDRS – Event Data Recorders and Your Rights

Event Data Recorders (EDRs) in cars have raised complex legal questions regarding individual rights and privacy. While these devices serve to capture crucial data during accidents, they also become a potential source of information accessed by law enforcement agencies. Understanding the legal framework surrounding EDRs is vital in protecting individual rights.

The data recorded by your own vehicle can be used to prosecute you in court and put you away. Police do not always need a warrant to access them. In all cases, it is paramount to reach out to a qualified attorney who knows where the line is drawn. The purpose of this article is to give you all the facts, so you can make better informed decisions in the future.

Constitutional Law and Fourth Amendment Protections

The Fourth Amendment protects individuals against unreasonable searches and seizures. However, the Supreme Court has carved exceptions for vehicles, allowing law enforcement to search without a warrant based on probable cause. This precedent has been leveraged to justify accessing data directly from vehicles without a warrant, challenging the Fourth Amendment’s protection.

Moreover, the ‘third-party doctrine’ enables law enforcement to collect information shared with third parties without a warrant. As cars transmit data to manufacturers or service providers, it raises concerns about the erosion of Fourth Amendment protections.

Recent Precedents and Growing Protections

Encouragingly, recent Supreme Court rulings, like Riley v. California and Carpenter v. U.S., extended Fourth Amendment protections to digital data on cell phones and location information. However, these precedents are yet to be applied directly to car data, creating a discrepancy in legal standards that demands immediate attention.

Certain courts and states have shown progress in affording constitutional protections to automobile data. For instance, some state courts have ruled in favor of considering EDRs analogous to other electronic devices protected by the Fourth Amendment, signaling a growing trend toward protecting car data.

Additional Legal Frameworks

Beyond constitutional law, statutes like the Electronic Communications Privacy Act (ECPA) offer limited protection to third-party-held data, but their application to car manufacturers remains ambiguous. Moreover, while some states have enacted laws supplementing ECPA, their effectiveness in safeguarding car data varies.

Legislative acts such as the Driver Privacy Act (DPA) and state-specific safeguards have aimed to regulate access to black box information in vehicles, imposing certain restrictions on law enforcement. However, these measures don’t universally mandate a warrant for accessing such data, leaving gaps in protection.

Potential Safeguards and Future Directions

Efforts like the Safeguards Rule under the Gramm-Leach-Bliley Act and state insurance laws present opportunities to limit data availability. These regulations could push entities like insurers and financial institutions to delete or limit the retention of sensitive car data, bolstering privacy safeguards.

Navigating the complex legal landscape of EDRs demands a comprehensive approach, combining constitutional protections, recent precedents, legislative acts, and state-specific regulations. Ensuring a balance between law enforcement needs and individual privacy rights remains an ongoing challenge that necessitates continual legal evaluation and action.

December 5, 2023
Posted on Author By admin Categories Criminal Defense, DUI, Vehicular Crimes

Understanding SR22: Financial Responsibility after a DUI in Arizona

A Statement of Financial Responsibility (SR22) serves as a crucial certification required under specific circumstances in Arizona. This certificate, issued by an Arizona-licensed insurance company or through a deposited sum of $40,000 with the Arizona Office of Treasurer, plays a significant role in situations such as license revocation or suspension due to a court-convicted DUI violation, implied consent DUI refusal, or infringement of Arizona’s vehicle insurance laws.

When these situations arise, providing proof of future financial responsibility in the form of an SR22 to the MVD (Motor Vehicle Division) becomes mandatory. However, this requirement has a significant impact on automobile insurance costs. Not all insurance companies offer SR22 coverage, and those that do often categorize SR22 holders into a “high-risk” pool, resulting in substantially higher premiums compared to regular auto insurance.

While SR22s are mandatory for all DUI criminal convictions, they are not required for an automatic 15-day MVD implied consent violation. It’s advisable to seek guidance from a DUI attorney regarding accepting an automatic MVD suspension while a DUI criminal case is pending, given this exception.

Maintaining proof of SR22 insurance is essential for three years from the reinstatement eligibility date. Failure to provide ongoing proof will lead to the suspension of your license and registration until the necessary evidence is reinstated.

Here’s a summary chart indicating driver’s license suspensions that necessitate an SR22 upon reinstatement following a license suspension. The SR22 obligation extends for three years after the reinstatement eligibility date:

Conviction Statute Violation Length of Suspension
DUI Related Offenses
28-1321 Implied Consent, Refusal of DUI test one year
28-1381 Regular 1st Time DUI 90 days
28-1382 Extreme DUI 90 days
28-1383 Aggravated/Felony DUI one year
28-1385
Financial Responsibility Laws
28-4135 No Mandatory Vehicle Insurance 3 months and plates suspended
2nd violation no mandatory insurance 6 months and plates suspended
3rd violation one year and plates suspended
ARS 28-4144 Being involved in an accident without automobile insurance one year license and plate suspension

Understanding these implications can help navigate the complexities of SR22 requirements and associated consequences effectively.

August 28, 2023
Posted on Author By admin Categories DUI

Understanding Arizona Statute 28-1381: Driving or actual physical control while under the influence

Understanding Arizona DUI Laws: What You Need to Know

When it comes to DUI regulations across the United States, being well-informed about the unique legal nuances within each state is crucial. Arizona’s DUI laws, for instance, present distinctive aspects that every driver should comprehend. This comprehensive guide outlines Arizona’s DUI laws and provides insights into the potential outcomes if you find yourself facing charges in the state.

Arizona DUI Laws Explained

Arizona’s DUI laws make it unlawful to operate a vehicle or be in physical control of one while under the influence of alcohol or drugs. Additionally, a DUI charge can be levied against drivers with a blood-alcohol content (BAC) level of 0.08% or higher. However, specific circumstances, such as driving a commercial vehicle, could result in a DUI even with a lower BAC.

Arizona maintains a rigorous stance on DUIs, categorizing the offense as akin to a “violent crime.” Consequently, the penalties for a first-time DUI offense in Arizona might appear severe compared to states like California, where mandatory jail time is not imposed even for repeat DUI offenders.

The following sections delve into these distinctions in greater detail.

Defining DUI in Arizona

Arizona’s DUI definition, in accordance with ARS § 28-1381, places special emphasis on the act of operating a vehicle while influenced by substances, whether legal or illicit. In the context of Arizona law, being “under the influence” means being significantly impaired by a substance to the extent that operating a vehicle safely becomes impossible.

It’s essential to grasp this emphasis, as a DUI charge can be issued even if you’re not actively driving. Any identifiable attempt to control your vehicle, despite being unable to do so safely, can lead to a DUI charge.

Non-Driving DUI Charges in Arizona

In Arizona, the concept of “actual physical control” is pivotal. Even if you’re not actively driving, engaging in actions that exhibit such control over your vehicle violates Arizona’s DUI laws. This control is established when you’re deemed the primary individual in charge of the vehicle. Actions like turning on headlights, adjusting windows, inserting keys into the ignition, or any action that demonstrates control can lead to a DUI charge.

The NHTSA outlines several indicators of impairment, commonly referred to as “impairment cues.” These cues encompass behaviors like tightly gripping the steering wheel, driving with a closely positioned face to the windshield, slouching in the seat, and maintaining a fixed stare straight ahead. Certain officers regularly observe the facial expressions of drivers in opposing traffic, seeking signs of impairment.

Moreover, it’s important to note that a DUI charge can still apply if your BAC is above the legal limit within two hours of operating a vehicle. This implies that being at home after having driven an hour ago could still result in charges if your BAC exceeds the legal limit.

Understanding “Under the Influence” in Arizona

In Arizona, being “under the influence” refers to impairment caused by substances to a degree that it hampers your ability to operate a vehicle safely. This impairment is typically gauged based on reaching or surpassing a specific BAC threshold. The standard BAC limit is 0.08%, but it’s reduced to 0.04% for individuals driving commercial vehicles.

Arizona’s Zero Tolerance “Not A Drop” Law

Arizona’s “not a drop” law, often termed a baby DUI, embodies the state’s unwavering stance against underage driving and drinking. If you’re under 21 and operate a vehicle with a BAC higher than 0.00%, you can be charged with a DUI.

Even consuming minimal amounts of alcohol, like a few sips of beer or wine, can result in a detectable BAC level, making it relatively easy for underage drivers to breach this law and face legal repercussions.

The Arizona “Shelter Rule” Defense

In recognition of the potential danger posed by intoxicated drivers attempting to reach a place of safety, Arizona introduced the “Shelter Rule” law. This law provides a temporary shelter defense against a DUI charge. Essentially, if you pull over or enter a parking lot with the intention of avoiding drunk driving, you might argue that you’ve relinquished physical control of the vehicle.

Factors such as your position behind the wheel, the presence of keys in the ignition, and the time of day play a role in determining whether you were in actual physical control. The more these factors lean in favor of relinquishment of control, the lower the likelihood of a DUI conviction.

Arizona DUI Penalties

While most DUI offenses in Arizona are categorized as misdemeanors, the penalties remain severe, even for first-time offenders. Penalties escalate when moving from a simple DUI to an extreme or aggravated DUI.

Aggravated DUI Penalties

An aggravated DUI in Arizona is classified as a felony and carries stringent consequences. You could face an aggravated DUI charge if you:

  • Are arrested for DUI with a suspended, revoked, or canceled license.
  • Commit a third DUI offense within 84 months of a prior conviction.
  • Commit a DUI offense with a passenger under 15 years old.
  • Have an ignition interlock device (IID) but refuse a BAC test.

Penalties for aggravated DUI include up to two years in prison, a one-year driver’s license suspension, mandatory enrollment in an alcohol education program, installation of a certified IID, and compulsory community service.

Extreme DUI Penalties

An extreme DUI pertains to drivers with a BAC level exceeding 0.15%. First-time offenders face a mandatory minimum jail term of 30 days without probation or suspended sentencing. Additionally, a minimum fine of $2,500 is applicable. IID installation and participation in an alcohol screening, education, and treatment program are required. Despite its severity, an extreme DUI is still classified as a misdemeanor.

For subsequent offenses, penalties intensify. Your license is automatically revoked for a year, and a minimum jail sentence of 120 days is mandated. Alongside the obligatory IID and alcohol program, community service becomes an additional requirement.

Repeat DUI Offense Penalties in Arizona

Subsequent DUI offenses in Arizona result in progressively harsher penalties. The following chart illustrates how charges evolve along with associated punishments:

Offense Misdemeanor or Felony Jail Time Fine Mandatory IID License Suspension Alcohol Education Probation Community Service
First-Time Class 1 Misdemeanor Minimum 10 days in jail Minimum $1,250 Yes No Yes Up to 5 years Yes
Second-Time Class 1 Misdemeanor Minimum 90 days in jail Minimum $3,000 Yes 12 months Yes Up to 5 years Yes
Third-Time Class 4 Felony 4 months to 2 years in jail $4,000 to $150,000 Yes 3 years Yes Up to 10 years Yes

It’s essential to note that the frequency of DUI convictions within a seven-year span directly affects the severity of subsequent charges.

Implied Consent and Refusal of Testing in Arizona

In line with ARS § 28-1321, the “implied consent affidavit” is served to any driver suspected of a DUI offense who refuses or is unable to undergo testing for blood alcohol concentration or drug content. This affidavit holds the same weight as a DUI citation.

As a result, all drivers are required to submit to testing. A first-time refusal results in a one-year driving privilege suspension, while a second refusal within 84 months leads to a two-year suspension.

August 3, 2023
Posted on Author By admin Categories White Collar & Fraud

Understanding Arizona Statute 28-3478: Unlawful Use of License

In Arizona, the misuse of a driver’s license can lead to serious legal consequences. Statute 28-3478 outlines the unlawful use of a driver’s license and the associated penalties. This statute is in place to ensure the integrity of driver’s licenses and protect public safety on the roads.

What Does Statute 28-3478 Prohibit?

The statute categorizes the following actions as class 2 misdemeanors:

  1. Knowingly displaying, causing, or allowing the display of a canceled, revoked, suspended, fictitious, or fraudulently altered driver’s license.
  2. Lending one’s driver’s license to someone else or knowingly permitting another person’s use of their driver’s license.
  3. Knowingly representing someone else’s driver’s license as one’s own.
  4. Making false statements, using a false name, concealing material facts, or committing fraud in a driver’s license application.
  5. Permitting the unlawful use of one’s driver’s license.
  6. Knowingly using false information, a fictitious name, or committing fraud in an application for a nonoperating identification license.

Consequences of Violating the Statute

Being charged with a class 2 misdemeanor can result in significant penalties, including fines and possible imprisonment. The severity of the consequences emphasizes the importance of complying with the law and using driver’s licenses responsibly.

Avoiding Unlawful Use of Your Driver’s License

To avoid facing legal trouble, it’s crucial to handle your driver’s license with care and ensure that it is valid and not altered in any way. Lending your license to others or using someone else’s license as your own is strictly prohibited. Additionally, providing truthful and accurate information in driver’s license applications is essential to avoid potential fraud charges.

New PVC Licenses

As of February 28th, 2023 The Arizona MVD has implemented new security features in the Arizona Drivers License. If you receive your license after the 28th of February, 2023 it will have a lot of new security features making it even more difficult to duplicate. If you manufacture a fake drivers license with the intent to conceal true citizenship you will be dealing with a much more serious penalty.

Common Defenses:

If you’re arrested for a fake ID in Arizona, contact the criminal defense attorneys at Ted Law immediately. They can help you understand your rights and explore defense strategies to dismiss your charges or reduce penalties. Defense strategies may include lack of criminal intent (lack of knowledge of driving on a suspended license), no evidence of driving, and constitutional rights violations. Call (602) 453-3100 for a free initial case evaluation.

August 2, 2023
Posted on Author By admin Categories Vehicular Crimes

ARS 28-3473: DRIVING ON A SUSPENDED LICENSE

Operating a motor vehicle without a valid and current driver’s license is illegal in Arizona. This includes driving on a suspended or revoked license. Violating this law can result in further license suspension, fines, vehicle impoundment, and even potential jail time. If you face charges for driving on a suspended license, consult a criminal defense attorney in Scottsdale.

Understanding Suspended Licenses:

Drivers on Arizona’s public roads must possess valid licenses. Arizona Revised Statutes (ARS), Section 28-3473, makes it illegal to operate a motor vehicle on a public highway if the driver’s privilege to drive is suspended, revoked, canceled, or refused. It is also against the law to operate a motor vehicle while disqualified from driving.

A suspended license in Arizona entails the temporary removal of driving privileges. It is an administrative action taken for certain crimes or offenses, such as excessive points on the license, alcohol-related crimes, moving violations, or failure to pay a ticket or appear in court. Infractions like delinquent child support and other criminal convictions can also lead to suspension.

Penalties for Driving on a Suspended License:

Violating ARS 28-3473 is a class 1 misdemeanor, carrying potential severe penalties, including vehicle impoundment for up to 30 days, up to six months in jail, up to three years of probation, fines up to $2,500, and additional license suspension or revocation. While jail time is rare for a first offense, it is a possibility for repeat offenders or those with prior criminal/driving records, leading prosecutors to seek more severe penalties.

Getting Your Driving Privileges Reinstated:

If your license gets suspended, you’ll receive a notice by mail at your last known address. This notice will contain instructions on how to reinstate your driver’s license and when you can do so. Unfortunately, some people may miss these notices, leading to accidental violations of ARS 28-3473.

Common Defenses:

If you’re arrested for driving on a suspended license in Arizona, contact the criminal defense attorneys at Ted Law immediately. They can help you understand your rights and explore defense strategies to dismiss your charges or reduce penalties. Defense strategies may include lack of criminal intent (lack of knowledge of driving on a suspended license), improper notification by the MVD, no evidence of driving, and constitutional rights violations. Call (602) 453-3100 for a free initial case evaluation.