por Zayed Al-SayyedDo You Have to Roll Your Window Down for Police in Arizona?
Do you have to roll your window down for police in Arizona? Are you required to hand over your license? How do you tell if the stop is legitimate? Arizona drivers can be pulled over for a variety of reasons, from reckless driving to a routine traffic stop.
Understanding your rights in these situations is important, but remember, Arizona law enforcement is trying to keep roadways safe. In this article, we’ll cover if you have to roll your window down, how to determine the legitimacy of a traffic stop, and common information police officers might request.
Do You Have to Roll Your Window Down for Police in Arizona?
If the stop is legitimate, then yes, you do need to roll your window down for police in Arizona. However, there is no law requiring you to roll your window all the way down. Halfway is generally sufficient for Arizona law enforcement.
What If I’m Pulled Over for No Reason?
There are a few different methods you can use to determine the legitimacy of the stop. For one, think if you’ve done anything to warrant being pulled over. Do you have an updated sticker on your license plate? How about a broken taillight? The officer might catch a traffic violation that you weren’t even aware of.
Additionally, requesting to see the officer’s badge is a great way to ensure that you are pulled over by a legitimate officer. You can leave your window rolled up until you verify the identity of the officer. If the officer refuses to show you their badge, keep your window rolled up, drive to a safe location, and call 911.
Remember, the officer should clearly state why they stopped you, whether it be for a routine DUI checkpoint or a minimal traffic violation.
What Information Do I Need?
When you get pulled over by a police officer in Arizona, here’s what you generally need:
- Identification – Usually, your driver’s license is the first piece of information the officer will request.
- Registration – Your vehicle registration proves that you have the right to operate the vehicle, and it is commonly requested during traffic stops.
- Concealed Carry – If you have a firearm in the vehicle, inform the officer right away to avoid escalating the situation.
- Calm Demeanor – When you get pulled over, one of the most important factors is to remain calm. Do not make unnecessary jokes or overshare. Saying as little as possible is usually best.
- Know Your Rights – Knowing your rights is critical, even in simple traffic violations.
If the officer has probable cause and a legal basis, they may request other information, such as supporting documentation for a concealed carry or proof of insurance.
Your Phoenix Traffic Lawyer
If you believe you’ve been unlawfully stopped or received an incorrect ticket, it’s important to contact a qualified Phoenix traffic lawyer. Our team at The Law Office of Zayed Al-Sayyed are your trusted experts, helping you navigate Arizona traffic laws. Reach out today to schedule your free consultation.
por Zayed Al-SayyedHow is Fault Determined in a Car Accident in Arizona?
Fault is determined in a car accident in Arizona based on the nature of the crash, witness testimonials, and evidence documented in police reports. Since Arizona is an at-fault state, the party found liable will generally be responsible for covering damages.
However, there are gray areas when it comes to determining fault. This makes it important to understand the specifics of your case and Arizona’s pure comparative rules. Let’s discuss these items in more detail.
How Fault is Determined in a Car Accident in Arizona
Fault is determined in a car accident in Arizona based on who initiated the accident. For example, a car that cuts into oncoming traffic and causes an accident might be found at fault. However, Arizona Revised Statutes § 12-2505 outlines comparative fault rules, which apply to auto accidents, personal injury, and property claims.
This law states that an accident can be caused by multiple parties. In these situations, fault is divided up based on available evidence. Using our above example, let’s say that the driver who cut into traffic was met with abrupt brake lights. This might lead to fault apportioned to the other driver.
Pure comparative fault rules in Arizona allow drivers to be up to 99% responsible for an accident and still be able to recover damages from the party that is 1% responsible. Arizona is unique in that many states prohibit parties from seeking damages if they are more than 50% at fault.
Recovering Damages
If you’ve been involved in an Arizona car accident where another party is at fault, you have a few options. First, you can file a third-party claim against the at-fault driver’s insurance company. Another option is to file a claim with your insurance provider, depending on your coverage. This is a common option if you are entirely or partially at fault in an accident.
Moreover, parties that are not at fault in a car accident can file a personal injury lawsuit to pursue damages in court. This can help you secure insurance funds from the at-fault driver, as the Arizona Department of Transportation requires insurance for vehicles operating on the road.
Damages can be recovered for a variety of reasons, such as medical bills, future medical care, lost wages, pain and suffering, mental anguish, and out-of-pocket expenses related to the accident. The severity of your injuries and your comparative fault will determine how much compensation you can receive.
For example, if your claim is worth $100,000 and you are found 50% at fault for the accident, your total claim value might be reduced to $50,000.
Finding a Car Accident Lawyer in Arizona
Arizona car accident lawyers are indispensable when it comes to pursuing damages in court. Not only can the right lawyer evaluate the success potential of your claim, but they can also work with other lawyers and insurance companies on your behalf. Reach out today to schedule your free consultation with our team at theZlawyer today.
por Zayed Al-SayyedWhat To Do After a Minor Car Accident in Arizona?
Millions of auto accidents happen each year, from small fender benders to total losses. Unfortunately, auto accidents are no longer a “what if” situation but rather a “when.” Whether you were recently in a fender bender or are simply taking a proactive approach, it’s important you understand what to do after a minor car accident in Arizona.
What Does Arizona Law Require?
Arizona law requires drivers to pull over immediately following an accident. Although this might seem self-explanatory, fleeing the scene is a major crime, even if the accident was minor. Drivers should pull over to a spot with the least amount of traffic, such as a parking lot.
Next, Arizona law requires that you exchange information with the other involved party. A.R.S 28-663 describes that drivers are required to remit their name, address, vehicle registration number, and driver’s license and provide reasonable assistance if an individual is injured.
Failure to provide this information to the other involved party or an officer can result in a class 3 misdemeanor, which can come with up to 30 days in jail and $500 in fines. Being cooperative can prevent unnecessary criminal charges, even in minor fender benders.
Do I Need to Call the Police for Fender Benders?
Even if the accident is minor, it’s always best to call the police. This is because they can create an independent police report based on the facts of the situation, avoiding false claims. Additionally, if one party is injured, you must immediately call 911, which will dispatch police officers.
Steps to Take Following a Fender Bender
Keep these steps in mind during your next fender bender:
- Safely pull your car over to the side of the road, away from traffic.
- Make sure no one is hurt. If there are injuries, immediately call 911.
- Even if there are no injuries, consider calling 911 for a police officer’s presence and a formal police report.
- Exchange insurance information.
- Take video and pictures of any damage.
- Contact a personal injury lawyer.
Understanding Auto Insurance Laws in Arizona
Arizona is considered an at-fault state when it comes to working out the details of insurance. This means the party responsible for the accident is generally required to pay for damages. If insurance isn’t enough to cover damages, the at-fault party can be sued to recover additional damages.
A.R.S. Sections 28-4135 and 28-4009 require every motor vehicle operating on public roadways to have insurance with a minimum of $25,000 per person in the case of injury or death and $15,000 in the event of injury or destruction of property.
Additionally, Arizona laws also set timeframes for insurance claims. Insurance companies must acknowledge the receipt of a claim within 10 days, investigate the claim within 30 days, and pay an approved claim within 30 days.
Contact a Qualified Attorney
The severity of fender benders can quickly spiral if false claims are made or the other party is severely injured. This is why it’s best to contact a qualified attorney, like our team at TheZlawyer. We can help you navigate what to do after a minor car accident in Arizona.
por Zayed Al-SayyedDoes a Cop Have to Tell You Why They Pulled You Over in Arizona?
Were you recently pulled over in Arizona? Did the officer tell you why? Law enforcement officials don’t need to clearly state the rationale behind pulling you over, leaving you wondering about the legality of your stop. Let’s discuss when a cop has to tell you why they pulled you over in Arizona, your rights, and what you should do when being pulled over.
Does a Cop Have to Tell You Why They Pulled You Over in Arizona?
No, a cop does not have to tell you why they pulled you over, but law enforcement officials cannot pull you over without probable cause. If you take your violation or ticket to court, the cop will be required to share the rationale behind pulling you over. Being stopped unlawfully does happen, which is why many Arizona citizens record police interactions when they can.
Most officers will explain why you are being pulled over to facilitate a smooth process. However, some police officers will ask rhetorical questions. For example, a common question is, “Do you know how fast you were going?” It’s important to respond carefully, but honestly in these situations.
What Are Your Rights When Being Pulled Over?
You have rights when being pulled over in Arizona. First, you have the right to remain silent. You don’t need to answer probing questions, such as where you are traveling to or from. Next, you have the right to refuse a search. Officers can bypass this right if there is clear evidence that you have committed a crime, such as open alcohol in the passenger seat.
You also have the right to a lawyer. If you are detained, you do not need to answer any questions without a lawyer present. Be sure you express your wishes upfront. In addition, you do have the right to remain in your vehicle. If the officer does ask you to step out, it’s best to comply to avoid escalating the situation.
What Should You Do When Being Pulled Over in Arizona?
When you get pulled over by Arizona law enforcement, remain calm and stop your car when it is safe to do so. Be sure you aren’t obstructing traffic and turn on your hazards. Next, roll down your window and keep your hands where the police officer can see them, such as on the steering wheel. Your passengers should abide by the same rules.
Police officers are trained to respond within a moment’s notice, which is why it’s important to avoid any sudden movements. Provide the officer with any requested documents, such as your driver’s license, registration, and proof of insurance. Sometimes, the officer will explain why you are being pulled over. It doesn’t hurt to ask, but don’t be confrontational.
Write down the officer’s badge number if you can and gather witness contact information if you believe you are being unlawfully pulled over. Then, contact a qualified attorney that can walk you through the next steps and legal proceedings.
Summary
Are you wondering why you were pulled over and ticketed? It can be difficult to pinpoint the rationale behind your ticket or arrest without going to court. In these situations, contact our team at The Law Office of Zayed Al-Sayyed right away.
por Zayed Al-SayyedHow Many Drinks is 0.08 Alcohol Level?
All states, including Arizona, have established the legal alcohol limit at a BAC of 0.08 in an attempt to prevent injuries, death, and property damage stemming from impaired driving. Unless you keep a breathalyzer on you at all times, it can be difficult to know when you’ve exceeded the legal limit.
Getting pulled over for impaired driving, or worse, causing an accident, can leave you in a tough position with lawsuits and jail time on the table. This makes it important to understand the basics of BAC, its importance, how drinks influence BAC, and potential side effects.
If you do find yourself on the hook for impaired driving, it’s important that you reach out to a qualified attorney right away to minimize financial and behavioral penalties.
What is BAC?
Blood alcohol concentration, known as BAC, is a measurement of how much alcohol is in your bloodstream. BAC is calculated as a ratio of ethyl alcohol per 100 mm of blood. This means if you have a BAC of 0.05, you have 0.05 grams of alcohol for every 100 mm of blood.
Why is BAC Important?
BAC is important to determine when you shouldn’t operate a vehicle and it’s time to call a taxi or Uber. The general rule of thumb is that it takes your body one hour to process a standard alcoholic drink. If you consume more than one drink in an hour, you can have high concentrations of alcohol in your system, which makes it more difficult for your liver to metabolize.
Alcoholic drinks impact each person differently and can depend on various factors, like weight, size, height, health history, and more. However, assessing your BAC eliminates the need to evaluate these subjective factors and gives you concrete information on your level of impairment.
How Do Drinks Influence BAC?
The types of drinks you consume can impact your BAC differently. For example, a seltzer or beer might not have as profound of an impact compared to a shot of hard liquor. For each drink you consume, you can expect your BAC to go up around 0.02, meaning you reach the legal BAC limit after four drinks. If you have a smaller frame or process alcohol slower, your drink count can be further limited.
What are the Side Effects of BAC?
The higher your BAC, the more side-effects you can expect. Common physical effects of BAC include delayed muscle coordination, altered judgment, lower self-control, less reasoning, and memory loss. These physical side effects can come into play well before you reach the legal BAC of 0.08, making it important to understand how your body reacts to alcohol.
Summary
Analyzing your impairment levels can be subjective, which is why BAC is widely used as a tool of enforcement. If you do find yourself in trouble in Arizona for exceeding the legal BAC, it’s essential that you contact an attorney right away.
Impaired driving in Arizona can be a serious crime, which is why you need the right team advocating on your behalf. Reach out to our team at The Law Office of Zayed Al-Sayyed today to set up your consultation.
por Zayed Al-SayyedArizona Car Accident Laws
Vehicle accidents are a common occurrence in Phoenix, Arizona, with recent studies showing over 40,000 accidents in 2021 alone. When it comes to handling the aftermath of a car accident in Arizona, you want to be aware of the main laws in effect.
If you’re interested in learning more about accident reporting, comparative negligence, and the statute of limitations surrounding Arizona car accidents, this blog is for you.
Do You Need to Report the Accident?
Arizona laws don’t require individuals to personally report the incident. However, if any of the following occur, law enforcement officials are required to generate a written report:
- Injury
- Fatality
- Property damage that exceeds $1,000
- Citations issued to any involved parties
Even if you don’t plan on personally reporting the incident, you must remain on the scene until all necessary information is exchanged. Fleeing the scene might upgrade your small fender-bender to a hit and run misdemeanor or felony.
A hit and run misdemeanor occurs when you cause damage to another vehicle and fail to stop, while failing to stop after an accident that causes physical injury is classified as a hit and run felony.
How Does Comparative Negligence Work?
Often, car accidents aren’t the fault of just one party, which is why Arizona laws follow comparative negligence. Individuals that share responsibility for car accidents can recover compensation for their losses, even if they are the majority at fault. Comparative negligence percentages are determined by the court after reviewing all of the facts surrounding the accident.
This means if a driver is 95% at fault, they can still receive compensation. However, any compensation they receive will be reduced by their negligence percentage. Let’s say that you sustain $5,000 worth of vehicle damage and you are found 25% at fault. You may only receive up to 75% of the damage amount or $3,750.
What is the Statute of Limitations?
One of the most important car accident laws that Arizona enforces is a statute of limitations. Those involved in a car accident have two years from the date of the accident to report the incident to insurance carriers. Any claims after this deadline will most likely be denied and you will be responsible for repairs.
Additionally, if you are bringing a personal injury lawsuit against another involved party, you need to have your case filed by the two-year deadline. If you miss your window, you will most likely lose your ability to recover compensation for your losses. This is why it’s important that you contact a qualified Phoenix attorney as soon as possible.
Finding the Right Attorney
Whether you were the cause of a car accident or a victim, it’s important that you partner with the right attorney. Our legal team at The Law Office of Zayed Al-Sayyed understands that mistakes happen.
We want to work alongside you to find the most favorable outcome for your situation, regardless of which side of the fence you are on. Contact our team to schedule a consultation today.
por Zayed Al-SayyedCan Someone Sue You for a Car Accident in Arizona?
Unfortunately, car accidents are a common occurrence. Studies show that the average American driver will be in at least three to four accidents in their lifetime. Does this surprise you?
If you were the cause of a car accident, you probably have dozens of questions floating around in your head, one of which is if someone can sue you. Simply put, yes. Someone can sue you for a car accident in Arizona. Let’s get into the specifics.
Arizona’s Statute of Limitations for Car Accidents
Each state has a statute of limitations, which is the timeframe for bringing a lawsuit forward. Arizona’s statute of limitations for car accidents that cause injury is two years from the date of the accident. If two years pass, the individual generally loses their ability to sue you for damages. There are certain instances where you can be sued even after the two-year statute of limitations expires.
Knowing Potential Damages
The severity of the accident dictates the types of damages you can expect. Here are a few common damage claims:
- Medical Treatment – One of the most common types of damages is compensation for bills resulting from medical treatment. This can also include compensation for future medical care.
- Income – Lost income is another common damage claimed by victims of car accidents. Both past and future income can be part of the claim.
- Property Loss – Costs associated with vehicle repairs can also be included as a part of the lawsuit. Clothing, cell phones, and other items inside the vehicle can yield additional liability.
- Pain and Suffering – The injury doesn’t always need to be physical for someone to sue you for compensation. Anxiety, depression, and PTSD resulting from the accident all warrant a payout.
These are some of the causes of monetary damages, but there can be other consequences you face after an auto accident. This includes license suspension and jail time. Minimizing negative consequences relies on working with a qualified attorney.
Ensuring a Favorable Outcome
Arizona works based on comparative negligence, meaning you might not be fully at fault for the auto accident. To ensure that you are receiving a fair outcome, it’s best to work with an Arizona personal injury attorney, like our team at The Law Office of Zayed Al-Sayyed.
If you’re interested in learning more about how our team can help you navigate the process of being sued for a car accident, reach out today to schedule a consultation.
por 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.
por 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 Conducir bajo los efectos del alcohol 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.
por 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.
