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Ted Agnick | DUI & Criminal Attorney

140 N Montezuma Street
Prescott, AZ 86301

Category Archives: Criminal Defense

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.