by Zayed Al-SayyedIs Arizona a Pedestrian State?
Arizona has right of way laws in place to protect both pedestrians and motorists, with some of the highest numbers of pedestrian accidents in the nation. Understanding applicable pedestrian laws can help you reduce your risk of an accident and bring a comprehensive case forward when seeking compensatory damages.
What Right of Way Laws Must Pedestrians Follow in Arizona?
Arizona pedestrians must abide by fewer laws compared to motorists. Nevertheless, adhering to these regulations can significantly reduce the number of accidents in Arizona. Pedestrian laws can be broken down into two main categories: road crossings and sidewalks.
Road Crossing
Arizona laws prohibit jaywalking. This means crossing the road without the proper signal or crossing outside of the designated walkway. Pedestrians are only allowed to cross the roadway at intersections, crosswalks, and designated pedestrian walkways.
If there is no designated walkway, pedestrians can cross the road if they give drivers an adequate amount of time to stop. Accidents that result from last minute crossing of the road are usually the fault of the pedestrian.
Sidewalks
If there is a sidewalk present, pedestrians in Arizona must use it. Pedestrians cannot walk on the side of the road when there is a designated walking area. If the sidewalk abruptly ends, the pedestrian is allowed to walk on the actual road on the shoulder. At no point should pedestrians walk in the roadway.
Additionally, pedestrians walking on the roadway must walk in the opposite direction of traffic to ensure motorists have a clear view. Runners and joggers should follow these same rules. If you do need to cross the roadway, follow the above road crossing rules.
Are Cyclists Considered Pedestrians in Arizona?
Cyclists are one of the gray areas of Arizona pedestrian laws. Some motorized vehicles, like automated wheelchairs, fall under the pedestrian category, while bicycles and scooters are classified as hybrid pedestrians.
If a cyclist is on the road, they must follow vehicle rules, but if the cyclist is on the sidewalk, they are subject to pedestrian laws. In Arizona, cyclists are allowed to ride on the sidewalks unless there is an ordinance or sign prohibiting it. For example, Tucson does not allow cyclists to ride on sidewalks.
Cyclists have the ability to choose which side of the sidewalk they ride on. However, if the cyclist is on the roadway, they must ride on the right side of the road, next to the curb unless they are turning. Hand signals and other motions should be used to indicate turning.
When Should You Hire a Pedestrian Accident Lawyer?
If you’ve been involved in a pedestrian accident, it’s important that you hire a pedestrian accident lawyer right away. Arizona has a harsh statute of limitations, meaning you want to bring your claim forward as soon as possible.
Our team at theZlawyer is on standby, ready to help you navigate pedestrian laws. Whether you are at fault, looking to minimize liability, or the victim of a pedestrian accident, our team has you covered. Reach out today to schedule your free consultation.
by Zayed Al-SayyedWhat is the Statute of Limitations on Personal Injury In Arizona?
Were you the victim of a personal injury accident? Whether you slipped at work or were injured from a faulty product, knowing the time you have to bring a case forward is important. You don’t want to miss your window of opportunity to pay mounting medical bills.
When you become a victim of personal injury, it’s important that you understand the statute of limitations on different claims, why staying within the timeframe is important, and how you can bring a case forward on time.
What are the Statute of Limitations on Personal Injury Claims in Arizona?
The general timeframe for personal injury claims is two years from the accident or occurrence. Medical malpractice, negligence, product liability, and wrongful death cases must all be brought within two years. However, if you are making a claim against a public entity or employee, these claims must be brought forward within 180 days of the incident.
Although these statutes of limitations are fairly strict, there are exceptions depending on the circumstances, especially with children under the age of 18. Nevertheless, the sooner you bring a case forward, the better.
Why is Staying Within the Timeframe Important?
Staying within the timeframe outlined within Arizona’s statute of limitations is important to avoid your claim being thrown out. Even if you are just one day over the statute of limitations, Arizona’s courts might dismiss your case.
In addition, cases that are filed shortly after the incident can flow smoother. It’s more difficult to remember what happened over a year ago compared to something that occurred just last week. Having fresh information in your mind ensures you don’t miss key details that can help your personal injury case.
To guarantee that you bring forward a case on time, it’s important that you contact a qualified attorney that can expedite the process. A qualified attorney can look at the details of your case, including the validity to give you concrete information on the timeframe you have to build a case.
What Judgments are Awarded in Personal Injury Cases?
Arizona does not have a cap on personal injury damages. This means you can factor in different costs, such as medical bills, future medical expenses, and lost wages. In addition, you can be compensated for pain, suffering, and emotional distress.
There are two types of damages you can receive: punitive and compensatory. Punitive damages are less common and can only be awarded in a trial setting. On the contrary, compensatory damages include all of the aforementioned costs to arrive at a payout amount.
Summary
Do you have a personal injury claim? Whether the incident occurred last week or last year, it’s important that you reach out to a qualified attorney that can discuss the next steps in bringing a legal case forward.
Reach out to one of our team members at The Law Office of Zayed Al-Sayyed today to go over your personal injury claim. Don’t wait until time runs out. Contact us today.
by Zayed Al-SayyedIs a First-Time DUI a Felony in Arizona?
Let’s say you had a few drinks and got pulled over by law enforcement in Arizona for suspected driving under the influence. Although you felt like you were under the legal limit, you ended up blowing a 0.09. Now what?
Countless thoughts might be running through your head, like “will I receive jail time?” or “is my first DUI a felony?” This article will answer these questions and dive into penalties and legal defenses you can use for your case.
Understanding Arizona’s DUI Laws
Driving a vehicle under the influence of drugs or alcohol, known as a DUI, is illegal in Arizona. If you have illegal drugs in your system or blow over a 0.08 BAC, law enforcement can make an arrest and charge you with a DUI.
The severity of your DUI depends on the circumstances. Did you cause an accident? Were you driving recklessly? Traditional DUIs that don’t involve injury to other parties are less serious compared to causing a collision or damaging personal property.
Arizona classifies first-time DUIs as a Class 1 Misdemeanor. Unless there are extenuating circumstances, you will not have a felony on your record when you receive your first DUI.
What are the Penalties for DUI in Arizona?
There are three different levels of DUI penalties: general, extreme, and aggravated. General DUI penalties, which are common for first-time DUI charges, are punishable by more than 10 consecutive days in jail, fines of at least $1,250, and a mandatory ignition interlock device. You may also be required to take mandatory alcohol screening and education courses.
Extreme DUI penalties are more severe and occur when your BAC is over 0.15. This charge comes with at least 30 days in jail, minimum fines of $2,500, mandatory screening and education, community service, and installation of an interlock device on your vehicle.
Aggravated DUI penalties are the most severe for first-time DUI charges. These charges are common if minors are in the vehicle when you are pulled over. Penalties can include all of the charges found in extreme DUI cases, plus up to two years of jail time.
What Legal Defenses Can You Use for a First-Time DUI?
When it comes to defending your first DUI, there are a few different approaches you can take. First, be sure the blood or breath sample that law enforcement obtained was legal. If you were pulled over for no reason and ordered to take a breathalyzer, the results might not be admissible in court.
Next, it’s important that you evaluate the information that proves you were intoxicated when arrested. The prosecution needs to have adequate proof that you were intoxicated or driving in an unsafe manner. Any weaknesses can help your defense.
Finally, if you were charged with a chemical DUI, go through the validity of the chemical testing. Labs can make mistakes, which is why it’s important that you are thorough with your evaluation of the results.
Summary
Are you facing your first DUI in Arizona? If so, it’s time to reach out to a qualified expert that can uncover any weaknesses in the prosecutor’s case to minimize your penalties, jail time, and more.
Our team at The Law Office of Zayed Al-Sayyed can do just that. Reach out to schedule your consultation today.
by Zayed Al-SayyedCan You Stand Your Ground in AZ?
The laws surrounding self defense aren’t always as clear cut as Arizona residents would like. When is it appropriate to defend your house or your family? Could you go to jail for protecting yourself?
These are all questions that Arizona residents have. In this article, we’ll go over the self defense laws you need to know to abide by Arizona laws and safeguard yourself from any liability. As always, if you have any questions about your specific situation, reach out to one of our team members right away.
Understanding Arizona Self Defense Laws
Self defense laws in the United States protect individuals that use lethal force to safeguard themselves from imminent death or seriously bodily harm. Generally, these laws describe that taking a human life when not necessary is not justifiable and can result in legal implications. If you have the ability to retreat and end the confrontation, but you use lethal force, you aren’t protected under self defense laws.
However, Arizona imposes a slightly different version of the nation’s standard self defense laws. Arizona has stand your ground laws, which remove the requirement to retreat in situations that present imminent harm. As long as you are not engaged in an illegal act, you can use deadly force to protect yourself, your family, or your property.
Arizona laws also specify that deadly force can be used to prevent burglary of unoccupied residential structures.
How Can You Prove You Acted in Self Defense?
The determination of self defense can be difficult to claim, especially if one of the involved parties has passed away. There are a few different ways that you can prove you acted in self defense, including:
- Obtain footage of the incident, such as from a Ring camera or other public recording
- Find eyewitnesses
- Prove there was the threat of imminent death or bodily harm
- Utilize the police report
- Work with an experienced attorney
Each self defense case is unique. To bolster your self defense case, you need evidence showing you acted reasonably based on the circumstances. Tt’s always best you contact a qualified self defense attorney.
Finding the Right Self Defense Attorney in Arizona
Were you involved in a self defense incident? If so, it’s important that you take a proactive approach when dealing with Arizona self defense laws.
Working with the right self defense attorney can help you cover all of your bases, ensuring the court understands you acted under stand your ground laws. Our team at theZlawyer has successfully defended dozens of self defense cases. Reach out today to schedule your free consultation.
by Zayed Al-SayyedUnderstanding Aggravated DUI in Arizona
Did you recently receive a DUI in Arizona? DUIs can carry different levels of severity, from misdemeanors all the way up to a felony with jail time. Understanding what is considered an aggravated DUI in Arizona, the potential penalties, and how you can minimize any negative side effects is important.
What is Aggravated DUI in Arizona?
Aggravated DUI is a felony offense in the state of Arizona. This is a step up from a misdemeanor, which is what many first-time DUIs are classified as in Arizona. This type of offense occurs when a driver receives a general DUI with extenuating circumstances, such as having a suspended license or while a minor is in the vehicle.
Residents of Arizona can also receive an aggravated DUI if they have other recent DUI charges. There needs to be some type of extenuating circumstance that elevates the DUI charge to aggravated. Many DUI cases that involve bodily harm are considered aggravated DUIs.
What are the Side Effects of Aggravated DUI in Arizona?
Fortunately, the penalties for a Class 6 aggravated DUI can be similar to those of a regular DUI in Arizona. The primary differences are that your offense is classified as a felony on your record and there is a mandatory 12-month license suspension.
For more serious aggravated DUI cases, which are those classified as a Class 4 felony, the penalties increase. A Class 4 aggravated DUI can occur if the DUI is your third offense, you are arrested for your DUI while your license is suspended, if you were driving on the wrong way of the road, and if you don’t have the proper ignition interlock device installed on your vehicle.
The penalties for a Class 4 aggravated DUI are mandatory probation, around 4 months in prison, revocation of your driving privileges, and additional fines and penalties. Regardless of the classification of DUI, you might be required to serve up to two years in prison if you did not seriously harm another party.
If you have a professional license, such as through Arizona’s medical board, state bar or real estate board, your privileges may be revoked. Restitution, travel restrictions, and other penalties can also occur.
How Can You Minimize Your Aggravated DUI Penalties?
As soon as you are charged with aggravated DUI, it’s best to contact a qualified DUI attorney. A DUI attorney can work with you through every step of the process, from your initial hearing all the way to sentencing.
Contacting a DUI attorney is especially important if your DUI caused bodily harm or injury to another party. The mandatory prison sentence for cases i start at 2 ½ years and can quickly increase.
Minimizing your jail time, penalties, and fines relies on having a qualified attorney working on your behalf. You don’t want to go into the courtroom blind on your charges. This can result in receiving maximum sentencing and monetary penalties. Reach out to our team at theZlawyer right away if you are being charged with aggravated DUI.
by Zayed Al-SayyedHow Long Does a DUI Stay on Your Record in Arizona?
Your record is important, especially when it comes to applying for a new job or loan. Unfortunately, some charges on your record are permanent and nearly impossible to remove. One of these items can be a DUI in Arizona.
In this article, we’ll explore the different types of DUI charges, how long a DUI stays on your record, and if you can get a DUI removed.
What are the Different Types of DUIs?
There are four main types of Arizona DUIs: general, extreme, super extreme, and aggravated DUI. A general DUI is the lowest form of DUI which is generally classified as a Class 1 misdemeanor.
An extreme DUI is issued when your BAC level ranges between 0.15 and 0.19. Extreme D 
UIs are still considered a Class 1 misdemeanor, but the penalties are much more significant, with a mandatory jail sentence.
Super extreme DUIs in Arizona are also still a Class 1 misdemeanor and occur when your BAC exceeds 0.20. In addition to the extreme DUI penalties, you will incur additional fines, penalties, and jail time.
Aggravated DUIs are the most serious DUI charge, remaining a Class 4 or a Class 6 felony. Aggravated DUIs come with license suspension, mandatory alcohol evaluation treatment, probation, fines, and prison time.
How Long Does a DUI Stay on Your Record in Arizona?
Unfortunately, DUIs remain on your record indefinitely, regardless of if you incur a misdemeanor or felony DUI charge. DUIs in Arizona are considered criminal convictions, which never leave your record.
However, if you are charged with a misdemeanor DUI, you will not be required to check the “felony” box when employers and other third parties run background checks. Nevertheless, even misdemeanor DUI charges will show up on the background check.
Can You Get a DUI Removed from Your Arizona Record?
The good news is that some DUI charges can be expunged from your record. An expungement involves setting aside a conviction and sealing it in Arizona. There are some limitations on who can have their DUI record expunged.
First, only juveniles under the age of 18 have the ability to get a DUI charge expunged. In addition, you must be able to prove responsibility since the DUI conviction to be eligible for expungement.
Existing fees, fines, probation, and jail sentencing do need to still be completed before expungement. To bolster your chances of receiving expungement, you should avoid any other criminal convictions.
Summary
Working with the right defense attorney can help you receive the most favorable outcome for your DUI, especially if you are under the age of 18. Reach out to one of our team members at the Zlawyer today to see how we can help.
by Zayed Al-SayyedPedestrian Laws in Arizona
Whether you are exploring the downtown area or going for a hike in a rural area, Arizona creates the perfect landscape to travel on foot. However, just like drivers have a set of laws they need to abide by on roadways, pedestrians do too.
Unfortunately, pedestrian accidents do happen. This makes it important to understand the pedestrian right of way laws in Arizona and ways to prove driver responsibility.
You may be able to receive compensation for your injuries, which is why it’s best to work with an experienced Arizona pedestrian lawyer, like the team at the Zlawyer.
Understanding Right of Way Laws in Arizona
Pedestrian right of way laws look to ensure the safety of both pedestrians and drivers. The first right of way law you should be familiar with is jaywalking. Although jaywalking isn’t specifically defined in Arizona regulations, Statute 28-793 does outline road crossing parameters.
Specifically, this statute describes that pedestrians may cross the street responsibly when no crosswalk is present. If there is a clear crosswalk, pedestrians must use it. Pedestrians must also wait until the roadway is clear to walk. An accident caused by a pedestrian walking into oncoming traffic is often the fault of the pedestrian in Arizona courts.
Each jurisdiction may impose slightly different jaywalking laws, making it important to understand the legislation you are subject to. Another right of way law deals with sidewalks. Pedestrians are not permitted to walk on the roadway when there is a sidewalk present. If there is no sidewalk, pedestrians must walk against traffic to ensure visibility by drivers.
Pedestrians don’t always have the right of way when crossing the road. The pedestrian must give the driver time to see and react to the pedestrian before they begin crossing. If ample time was not given, the pedestrian could be at fault for roadway accidents.
Ways to Prove Liability in Arizona Pedestrian Accidents
Proving liability in Arizona pedestrian accidents can become complex, especially with subjective evidence. To bolster your pedestrian case, look for the following sources of evidence:
- Video surveillance of the incident
- Photos and videos from the scene
- Eyewitness testimonials
- Accident reconstruction
- Statements from involved parties
- Vehicle dashcam footage
- Police reports
The more evidence you can gather, the stronger your case will be. In addition, filing a lawsuit shortly after the accident helps ensure that all relevant information is gathered. It’s much easier to recall what happened last month compared to over a year ago. Not to mention that Arizona has a statute of limitations on pedestrian accidents, which is generally two years from the incident.
How to Choose the Right Attorney
Working with the right attorney can help you navigate the complexities of Arizona pedestrian laws. If you’ve been injured in a pedestrian accident involving a negligent driver, contact one of our team members right away.
We can work alongside you from start to finish, maximizing your compensation and helping you prove driver liability. Reach out to the Zlawyer today to learn more.
by Zayed Al-SayyedWhat Happens If I’m at Fault in a Car Accident?
Were you the cause of a car accident? If so, it’s important you understand the implications of being found at fault in Arizona. There are numerous factors that go into determining fault status, including your driving record, the location of the accident, and if anyone was injured.
This blog will outline how Arizona handles fault, what it means if you are found at fault, and the potential consequences.
Is Arizona a Fault-Based State?
Laws surrounding personal injury lawsuits differ between fault and no-fault states. In fault states, the insurer of the person who is liable is responsible for paying damages. On the contrary, in no-fault states, both parties’ insurers can be held responsible for injuries and damages.
Arizona is a fault state, meaning you or your insurance company is responsible for paying out damages if you are found at fault. Bystanders, passengers, animals, and cyclists can all hold you responsible for damages in Arizona.
What Does Being at Fault Mean?
Being at fault means your actions directly contributed to the accident. This could be running a red light, texting while driving, trailing a vehicle too closely, or driving too fast. Even if you played a major role in the car accident, you might not be found 100% at fault. Arizona has a comparative negligence system, assigning a negligence percentage for each party’s involvement.
You will only be held responsible for the amount you contributed to the accident. Let’s say that you rear-ended someone, but their brake lights didn’t work. You aren’t on the hook for the entire liability since both parties contributed to the accident.
What are the Consequences of Being at Fault?
There are additional consequences for being found at fault outside of monetary fines. First, you might lose your license. If a judge found that you were acting carelessly, they could revoke your license. This doesn’t mean you lose your driving rights altogether, but they can be restricted.
Insurance is another consequence of being found at fault. Your insurance carrier might impose higher premiums or drop your coverage altogether. Your driving history is one of the main factors that go into your rate calculation.
The state of Arizona also enforces stiff fines and penalties for at fault drivers. Some car accidents can be classified as felonies, such as driving under the influence and causing bodily harm. Failing to yield, following too closely, and speeding are all punishable offenses with fines and penalties.
Finding a Qualified Arizona Attorney
The good news is that working with a qualified Arizona attorney can help you minimize the consequences associated with being found at fault. The best time to contact an attorney is right after the accident occurred, regardless of if you are at fault or not.
Having someone advocate on your behalf can result in reduced fines, fair comparative negligence percentages, and timely correspondence with regulatory officials.
Our team at The Law Office of Zayed Al-Sayyed is here for you. Contact our team to schedule a consultation today.
by Zayed Al-SayyedHow Long After Injury Can You Sue In Arizona?
Were you recently injured? If so, did you know that you have a limited timeframe to sue in Arizona? Whether you were hurt in a car crash, slip and fall incident, or freak accident, you should understand the legal implications of bringing a lawsuit forward.
Knowing how long after an injury you can sue and the benefits of contacting an attorney right are two key components of bringing a successful lawsuit against an at-fault party.
How Long After Injury Can You Sue in Arizona?
Arizona state’s statute of limitations gives inj ured parties two years to file a lawsuit after an injury. After the two-year period has lapsed, you lose your ability to bring a lawsuit against the at-fault party.
Arizona is very strict with enforcing this statute of limitation, making it difficult to bypass once the timeframe has expired. Both lawsuits and insurance claims should be filed well before the two-year deadline to avoid immediate dismissal.
Why is it Important to Contact an Attorney Right After You’re Injured?
Just because you can wait up until the two-year deadline to bring a claim forward doesn’t mean you should. In fact, you don’t want to risk dismissal by being anywhere near the expiration date. This is why it’s important to contact an attorney right after you’re injured.
Not only can you ensure you have enough time to bring a well-rounded case against the at-fault party, but you can also make sure everything is properly documented because the incident was recent. It’s much more difficult to piece together the circumstances of an accident that happened a year and a half ago compared to something that occurred just last week.
Moreover, contacting an attorney immediately yields countless other benefits. One of these advantages is not having to deal with the at-fault party’s lawyers and insurance agency. Your attorney will handle all communication between the at-fault party, giving you time to rest from your accident.
Additionally, delaying legal actions can result in missed opportunities, such as contaminated evidence, missing witnesses, and saying items you shouldn’t. You want to cross all your T’s and dot all your I’s when it comes to suing after an injury. After all, you may be depending on money from the at-fault party to cover medical bills and other fees.
How to Choose the Right Attorney
Working with the right attorney can make all the difference. When it comes to deciding on an attorney, you want to choose a professional that has your best interests in mind. Your prospective attorney should be willing to handle all correspondence with the at-fault party, negotiate settlements on your behalf, and make sure all your bases are covered.
The worst-case scenario is hiring an attorney that drops the ball when it comes to gathering information or reaching a settlement agreement. At The Z Lawyer, we have you covered. Our team works diligently to ensure your injury lawsuit is being handled correctly and with your best interests in mind. Reach out today to set up a consultation with our award-winning legal team.
by Zayed Al-SayyedWhat Is Aggravated DUI in Arizona?
In Arizona, there are many different kinds of DUIs. However, an aggravated DUI is a felony-level charge given to someone driving under the influence of alcohol or drugs. If you’re interested in learning more, today’s blog post is revealing what is aggravated DUI in Arizona, as well as the most common penalties.
What is Aggravated DUI in Arizona?
So, what is aggravated DUI in Arizona? Well, as we mentioned, this felony-level charge is given to those driving under the influence. Essentially, a regular DUI becomes aggravated under any of the following circumstances:
- A child under 15 years old is in the car
- Driving on the wrong side of the highway
- Driving on a suspended or revoked license
- The defendant has received 2+ DUIs in the last 7 years
- The defendant should be driving with an ignition interlock device
If you are charged with an aggravated DUI for any other reason (see above), it’s considered a class 4 felony in Arizona. That comes with the following punishments:
- At least $4,000 in fines
- A traffic survival school course
- A minimum of 4 months in prison
- At least 1-year driver suspension
- Alcohol or other drug screening, education, or treatment
- At least 2 years of an ignition interlock device (IID) – if the DUI charge only involved drugs, this duration might be lessened to 1 year
Criminal Defense Attorney for DUI in Arizona
If you were previously wondering ‘what is aggravated DUI in Arizona,’ we hope today’s blog post cleared the air. And if you or a loved one has been convicted of a DUI, the qualified criminal defense attorneys at The Law Office of Zayed Al-Sayyed are here for you.
Our legal team understands that mistakes happen and justice should be fair. That’s why we treat our clients with respect and compassion while aggressively defending their rights and freedoms. If you want a criminal defense attorney who will work with you to build a defense that protects your future, we’re the ones to call.
Contact our team to schedule a consultation today.
