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.
por 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.
por 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.
por Zayed Al-SayyedDUI Involving an Accident – Arizona
In Arizona, 4.63% of all car crashes (aka 5,620) are alcohol-related. And of those crashes, 215 were fatal. While first-time DUI offenses in Arizona are generally considered class 1 misdemeanors, offenders might be charged with a felony if someone is killed or injured.
When receiving a DUI involving an accident – Arizona, charges are determined based on the specific circumstances. Keep reading to learn what those are and how they affect you.
Potential Charges for a DUI Involving an Accident – Arizona
Facing a DUI involving an accident – Arizona? If that’s the case, there are a variety of potential charges that include:
- Manslaughter
- Endangerment
- Aggravated Assault
- Second-Degree Murder
The law regards a vehicle is seen as readily capable of causing serious damage and personal injury. When someone is charged with a dangerous felony offense, they are sentenced to time in prison without probation.
Can You Be Charged with Endangerment If No One Was Injured?
In short, the answer is yes. In Arizona, a person can be charged with endangerment if they recklessly endanger another person with a substantial risk of either a) imminent death or b) physical injury.
If someone is charged with endangerment due to a substantial risk of imminent death, it’s considered a class 6 felony. On the other hand, if someone is charged due to a substantial risk of physical injury, it’s considered a class 1 misdemeanor.
What Is the Punishment for Endangerment?
The punishment for endangerment varies depending on the specifics of the charge. For example, if the endangerment charge is considered a class 1 misdemeanor, the offender receives:
- Up to 180 days in jail
- A fine of up to $2,500
- Up to 3 years of probation
However, if the Endangerment charge is considered a class 6 felony, the punishment includes:
- A fine of up to $150,000
- Up to 3 years of probation
- A 1-year license revocation
- 4 months to 2 years in prison
And of course, the range of potential punishments increases for those with prior felony convictions.
What Happens When Someone Is Injured in a DUI Accident?
If someone is in a DUI Involving an Accident – Arizona and seriously injures another person, the offender will likely be charged with Aggravated Assault. Generally, this is considered a class 3 felony, where the punishment is a mandatory prison sentence ranging from 5 to 15 years — even for first-time offenders. Not only that, but your driver’s license gets revoked for 3 years.
Best DUI Attorney in Phoenix, Arizona
If you or a loved one has been in a DUI involving an accident – Arizona, the criminal defense attorneys at The Law Office of Zayed Al-Sayyed are here for you. Arizona has some of the harshest sentencing standards in the U.S. However, our legal team brings the level of experience, aggressiveness, and knowledge to defend your case to the best possible outcome.
Ready to get started? Contact our team for your free, no-obligation consultation today.
