But did you know that victims of drunk driving accidents in Arizona can also sue the bar or restaurant that served the alcohol to the driver?
]]> Many states, including Arizona, have “dram shop laws.” The laws allow a person who’s been injured or a family whose loved one has been killed in a DUI accident to sue any establishment with a liquor license for knowingly serving alcohol to the intoxicated person. A successful dram shop action will require the establishment and its owners to pay personal injury damages to the victim or the victim’s family.In order to bring a dram shop claim the plaintiff must show that the customer was visibly intoxicated to the extent that a reasonable person would be able to detect “significantly uncoordinated physical action or significant physical dysfunction” on the part of the customer. The plaintiff must also show that the customer’s intoxication contributed to the accident.
Dram shop laws were enacted in order to provide owners of bars and restaurants with an incentive to protect the public from avoidable harm caused by intoxicated patrons. If you own an establishment that serves alcohol, you should stop serving patrons as soon as they begin to show obvious signs of drunkenness, including slurred speech, clumsy movements, or a belligerent attitude.
As the owner of a bar or restaurant, understanding Arizona’s dram shop laws will help you avoid contributing to a DUI accident. For everyone else, understanding the law will allow you to know your rights should you or a loved one ever become the victim in an alcohol-related accident.
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According to authorities, 18-year-old Tori Vance was pulled over after she made an illegal U-turn in her Mini Cooper in Hollywood. The Ahwatukee-native has reportedly been living in L.A. pursuing a modeling career.
]]> According to the arresting officer, Vance showed signs of intoxication. The officer asked her to step out of the car, and administered a field sobriety test.Vance reportedly failed the field sobriety test and was taken into custody. According to authorities, Vance had a blood alcohol level just above .08 percent, the legal limit for persons over 21. Police have charged her with misdemeanor DUI.
If the arrest had happened in Arizona, the charge may have been different. Arizona has a zero-tolerance policy for underage individuals. That means that if a person under the age of 21 is caught driving with any alcohol at all in her system, she can be charged with underage DUI.
Underage DUI is punishable by high fines, 2 years of probation, and the installation of an ignition interlock device on the offender's car. In addition, underage possession of an alcoholic beverage alone can lead to misdemeanor charges and heavy fines. Arizona has the toughest DUI laws in the country. Had Vance been arrested in the state, her penalties would probably be more severe.
Tori Vance's bail has been set at $5,000. She joins former Miss USA Rima Fakih as pageant winners who have recently been charged with DUI.
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From 2010 to 2011, fatal accidents involving impaired drivers dropped 80 percent, according to police statistics. Fatal accidents in general fell by 44 percent. According to Tempe police, the decline was due to the department’s new emphasis on traffic enforcement.
]]> Tempe officers made 1,695 DUI arrests in 2011, and responded to 4,640 collisions, Police Chief Tom Ryff said in a recent press release. The spike in DUI arrests seems to have helped cut down the number of fatal DUI accidents in 2011. In 2010, five out of nine fatal driving accidents were due in part to impaired drivers, compared to one out of five in 2011.According to Ryff, the decline in fatal DUI accidents is due to the department’s increased focus on traffic enforcement. “From DUI Task Force partnerships to enforcing speeding violations in neighborhoods and schools, we’ve made traffic safety a priority,” Ryff said.
Prosecutors often charge individuals with vehicular manslaughter after they kill someone while driving under the influence of alcohol or drugs. Under Arizona’s criminal code, manslaughter is defined as “recklessly causing the death of another person.” The standard for a manslaughter charge is whether the person’s conduct was a “gross deviation from the standard of conduct that a reasonable person would observe in the situation.”
Despite cuts to personnel and funding, the Tempe Police Department has been able to lower the accident rate by obtaining traffic-safety grants and employing select enforcement techniques.
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Under Arizona's open container law, it's a class 2 misdemeanor for anyone to drive with an opened or unsealed container of alcohol in the passenger compartment. That goes for drivers and passengers alike. Below, we've included some things to keep in mind if you do find yourself being cited for an open container violation.
]]> Consequences of the a Breathalyzer TestUnder Arizona law, every person who operates a motor vehicle in the state has given "implied consent" to a Breathalyzer, blood, or urine test if suspected of DUI. If an officer sees an open container in your car, it's likely he'll suspect DUI and request that you submit to a blood alcohol test. The price of refusing the test is higher than the penalties for many DUI offenses. Refusing to submit will get your license suspended for at least 12 months.
Have Your Day in Court
After being cited for an open container violation, you'll probably have to make a court appearance. Generally, a first-time open container conviction is punishable by a $750 fine. If you've been charged with a DUI offense as well or have prior open container convictions, however, you could be facing harsher penalties, including jail time.
Pay the Fine
Once you've been convicted of an open container violation, you'll probably be left with a hefty fine. If the violation occurred in Phoenix or anywhere in Maricopa County, you can pay your fine online at the Maricopa County Superior Court's website.
Don't Do it Again
Subsequent open container offenses will get you harsher penalties, including a suspended license and possible jail time. So it's in your best interest to place that re-corked bottle of wine or half-empty bottle of Jose Cuervo in the trunk next time you're driving home.
If you have any questions about your open container case or Arizona DUI law in general, you may want to consult with an attorney. Good luck.
The post is part of FindLaw's Legal U series. We are working to help you learn what to do in your city to cope with some of the legal problems, questions, or issues that come up in daily life.
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Pedro Ramirez has been charged with manslaughter, aggravated assault, and extreme DUI for the crash that killed Angel Alvarez. The boy's mother, 21-year-old Evangelina Barrios, has also been arrested for failing to secure the boy in a child safety seat.
]]> On April 30, Ramirez allegedly tried to pass a car in front of him while driving a white sedan north on 37th Avenue. His sedan then crashed head-on into a Chevrolet truck that was driving south on 37th Avenue.Alvarez was sitting in the front seat of the sedan without a seatbelt on, according to police. The boy reportedly hit the dashboard during the accident.
Alvarez was not breathing when paramedics arrived at the scene. Ramirez, Barrios and her son were taken to a nearby hospital, but the boy died later at a trauma center. The driver of the truck was wearing his seatbelt and suffered only minor injuries.
Under Arizona's criminal code, manslaughter is defined as "recklessly causing the death of another person." Prosecutors often charge individuals with vehicular manslaughter after they kill someone while driving under the influence of alcohol or drugs. If the court finds that Ramirez's conduct was a "gross deviation from the standard of conduct that a reasonable person would observe in the situation," he may be convicted of manslaughter.
On Wednesday, Police arrested Evangelina Barrios on suspicion of child abuse for failing to restrain Angel Alvarez in one of the car's three child safety seats. Pedro Ramirez is currently in jail, awaiting a hearing.
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The spray was released in Paris this week, and will be sold throughout Europe. Scientists have warned, however, that it’s physiologically impossible for the spray to make you drunk, yet be undetectable “by any alcohol test” as it was rumored to do. But what if the spray does work to even a small degree? How would police prove DUI in cases where the alcohol is untraceable? Would the spray bottle count as an open container?
]]> An official press release from the product’s creators, designer Philippe Starck and scientist David Edwards, dispelled many of the rumors surrounding the alcohol spray. Although the product announcement promises “the possibility of enjoying the pleasure of alcohol without worrying about negative consequences,” it admits that the amount of flavored alcohol in the spray is “far too small to stimulate drunkenness, being nearly 1000 times smaller than a shot of alcohol.”While it may be impossible to get drunk off the spray, what if the spray’s promise to deliver “the briefest lightheadedness” turns out to be accurate? Drivers seeking a quick buzz may take a couple squirts of the spray while in transit. Even “the briefest lightheadedness” could ostensibly lead to an accident. Yet, police would be unable to prove that the driver was under the influence at the time, as the trace amounts of alcohol would be too small to show up on blood alcohol tests.
Most states, including Arizona, have DUI laws that cover intoxication not only by alcohol but also other substances. Under Arizona’s DUI law, it’s illegal for a person to drive “while under the influence of…drugs or vapor releasing substances if the person is impaired to the slightest degree.”
Though “vapor releasing substances” probably refers to inhalants, the description would likely cover the mind-altering mouth spray as well. However, the issue of proving someone was under the influence of the spray is still there.
Fortunately, as the French mouth spray is only slated to be released in Europe, American law enforcement officials probably won’t have to grapple with the hard questions the spray poses.
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According to the Mohave County Sheriff’s Office, an autopsy showed that Carl Otto Nathaniel Holm had a blood alcohol concentration of 0.186 percent at the time of the accident, over twice the legal limit.
]]> Police believe that the five young people were out celebrating a birthday on the night of the incident. At around 11 p.m. on March 6, Holm was reportedly speeding in a Chevy Suburban. While trying to make a turn at a high speed, Holm reportedly lost control and the SUV rolled over.Five people were ejected from the vehicle and killed. One person remained in the vehicle and survived the crash. According to authorities, 18-year-old Nakita Timpson was still trapped in the vehicle when Mohave County Sheriff’s deputies located the SUV the following afternoon. Deputies reportedly found beer cans strewn around the Suburban.
Under Arizona’s criminal code, manslaughter is defined as “recklessly causing the death of another person.” Prosecutors often charge individuals with vehicular manslaughter after they kill someone while driving under the influence of alcohol or drugs. The standard for a manslaughter charge is whether the person’s conduct was a “gross deviation from the standard of conduct that a reasonable person would observe in the situation.”
Had Carl Otto Nathaniel Holm survived, he would likely be charged with vehicular manslaughter for the drunken crash that killed his four friends.
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Here’s a quick run-through of some of Arizona’s most important alcohol-related laws to help you avoid an evening in the drunk tank and possible criminal charges on May 5.
]]> DUIArizona has the toughest DUI laws in the country. Anybody pulled over with a BAC of at least .08 will be facing a minimum fine of $1,250, at least 10 days in jail, a minimum 90-day loss of driving privileges, and the installation of an ignition interlock system for at least a year. Remember that Arizona also has both extreme and super extreme DUI charges that carry much higher fines and longer prison terms.
Open Containers
When hopping from casa to cantina, remember to leave that Corona behind. Merely having an opened or unsealed container of alcohol in the car with you is illegal in Arizona. That goes for drivers and passengers alike. Arizona has some of the harshest penalties in the country for open container citations. A violation of Arizona’s open container law can get you up to 4 months in jail and a maximum fine of $750. However, there are exceptions to the law. It’s perfectly legal to have an open container while riding as a passenger in a bus, limo, or taxi.
Underage Drinking
Underage individuals may be in a rush to partake in the festivities, but it’s in their best interest to hold off until they’re of age. Arizona has a zero-tolerance policy for underage individuals. If a person under 21 is caught driving with any alcohol at all in his system, he can be charged with underage DUI. Underage DUI is punishable by high fines, 2 years of probation, and the installation of an ignition interlock device on the offender’s car. In addition, possession of alcohol alone can lead to misdemeanor charges and heavy fines if you’re underage.
It’s always a good idea to have a designated driver. If that’s not possible, take a taxi. Cab fare is a small price to pay to avoid spending Cinco de Mayo in a cell; if your cab driver’s feeling festive, he may even allow you to bring your drink along. Have fun and stay safe.
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While most people are aware that aggravated DUI charges exist, many are unsure of the exact circumstances in which the charges apply. Aggravated DUI charges arise where certain aggravating factors exist that elevate a DUI offense to the level of a felony. Below, we’ve included five circumstances in which a driver could be charged with an aggravated DUI in Arizona.
]]>While penalties differ depending on the specific offense, aggravated DUI charges generally carry much tougher penalties than misdemeanor DUI offenses. Aggravated DUI convictions are punishable by 4 months to several years in prison, revocation of driving privileges for a minimum of 3 years, up to 5 years of probation, and the installation of an ignition interlock device. If you’d like to learn more about aggravated DUI charges or DUI law in general, you may want to contact a DUI attorney.
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According to the Arizona Department of Liquor Licenses and Control, the four-day festival has been plagued with underage drinking in the past. This year, the liquor control agency deployed officers to work with state police in combating underage drinking at the event.
]]> According to authorities, minors were not only drinking at the event, but drinking a lot. Many of the people arrested for underage drinking had blood-alcohol levels that were more than twice the legal limit of .08 percent, according to Liquor Control Sgt. Wes Kuhl.Under Arizona law, it’s illegal for anyone 21 or over to give or sell liquor to an underage person. Furnishing alcohol to a minor is punishable by a maximum sentence of six months in jail and a fine of up to $2,500. However, the adults aren’t the only ones who are punished. It’s also a Class 3 misdemeanor in Arizona for an underage person to solicit others to purchase alcohol for them.
Fortunately, those who were arrested at the festival were unable to drive home in their inebriated states. Arizona has a zero-tolerance policy for underage individuals. That means that if a person under the age of 21 is caught driving with any alcohol at all in their system, they can be charged with underage DUI. Underage DUI is punishable by high fines, 2 years of probation, and the installation of an ignition interlock device on the offender’s car. In addition, underage possession of an alcoholic beverage alone can lead to misdemeanor charges and heavy fines.
“Underage drinking has been a problem every year at Country Thunder,” Sgt. Kuhl said. Hopefully, the huge amount of arrests at this year’s festival will deter many underage attendees from drinking at next year’s Country Thunder.
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On the night of October 27, 2010, police noticed Dose driving at over 100 mph on U.S. 60. When police tried to stop him, Dose attempted to flee. He was high on methamphetamine at the time of the incident.
]]> For safety reasons, police officers declined to chase Dose on the streets. Instead, they called in the Mesa police helicopter to follow the man, as he continued to speed down the highway. Dose drove directly toward oncoming patrol cars at two separate times.After exiting U.S. 60, he continued on to the 202 Red Mountain Freeway at around 120 mph. He turned to avoid a cluster of vehicles, hitting a car driven by Michelle Pagano head on. Pagano later died from her injuries.
Dose was indicted on one count of first-degree felony murder, one count of second-degree murder, two counts of assault with a deadly weapon, one count of unlawful flight from law enforcement, and one count of endangerment. He pleaded guilty to all counts.
Most states, including Arizona, have DUI laws that cover intoxication not only by alcohol but also drugs. Under Arizona’s DUI law, it’s illegal for a person to drive “while under the influence of…drugs or vapor releasing substances if the person is impaired to the slightest degree.” This means that if a person’s driving abilities are impaired by even over-the-counter or prescribed drugs he may be charged with DUI.
Anthony Robert Dose’s criminal history prior to the fatal police chase included drug, burglary, and car theft charges.
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Marco A. Lugo was charged with a felony count of aggravated DUI, misdemeanor counts of DUI, extreme DUI, and driving with an open container of alcohol.
]]> At around 3 p.m., a witness saw Lugo driving erratically northbound on Stapley Drive before stopping in a nearby parking lot. The witness then reported Lugo to the Mesa police.According to a police report, Lugo’s breath smelled of alcohol and his eyes were red and watery. A Mesa officer also saw an open beer can sitting on the floorboards at Lugo’s feet.
Lugo’s two sons, aged 9 and 11, were sitting in the backseat. When questioned, Lugo stated that he had one beer “a while ago.” Lugo was reportedly convicted on a DUI offense in 2001.
Under Arizona DUI law, an aggravated DUI can arise under several different circumstances. If a person commits a DUI while an ignition interlock system is supposed to be installed on the person’s car, commits a DUI on a suspended or revoked license, or commits three or more DUI offenses within a 7-year period, he is liable for an aggravated DUI.
In addition, if a person commits a DUI offense while a child under the age of 15 is in the car, he can be charged with aggravated DUI charge.
Arizona has the toughest DUI laws in the country. If Marco A. Lugo is convicted on any of his DUI charges, for at least a year, he’ll be breathing into an ignition interlock device whenever he wants to get behind the wheel.
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On Monday night, the 22-year-old Australian golfer was arrested by Gilbert police on suspicion of drunk driving. Police say, Giles lost control of his car while driving drunk and crashed into a Gilbert home.
]]> According to a police report, the golfer was “traveling at a very high rate of speed and tried to make a left turn” when he lost control of his car. Giles’ car smashed into a single-family home, rupturing a natural gas line. No injuries were reported.Giles submitted to field sobriety and blood alcohol tests at the scene of the crash, but the results won’t be ready for about two weeks, according to The Associated Press. Gilbert police arrested Giles on suspicion of DUI.
Giles may be facing some steep penalties if convicted of DUI, as Arizona has the harshest DUI laws in the country. A first-time DUI is punishable by a minimum fine of $1,250, a minimum sentence of 10 days in jail, and suspension of driving privileges for at least 90 days. In all cases, an ignition interlock device is installed on the driver’s car for at least one year.
The day before the crash, Matthew Giles finished 66th in the Nationwide Tour’s TPC Stonebrae Championship in California. Perhaps Giles was blowing off some steam after a disappointing performance in the tournament?
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The officers detained 65 underage individuals, citing 34 of them for underage drinking. Those who were under the age of 18 were held until an adult arrived to drive them home.
]]> The responding deputies found a male lying in the middle of the road “in an extremely intoxicated condition” 6 miles from Highway 69. Nearby the officers found more than 150 teenagers partying around a large bonfire.As soon as the deputies arrived, many of the teens began fleeing in cars. However, the deputies detained 65 of the participants. All were under 21, and some of them as young as 15. The deputies cited 34 of the students, most for underage drinking.
Arizona has a zero-tolerance policy for underage individuals. If a person under the age of 21 is caught driving with any alcohol in their system at all, they can be charged with DUI. Underage DUI is punishable by 2 years of probation, high fines, and the installation of an ignition interlock device in the driver’s car. Possession of an open alcoholic beverage alone can lead to misdemeanor charges and heavy fines for anyone under 21.
In addition, it’s illegal for anyone 21 or over to sell or give liquor to any underage person. Furnishing alcohol to a minor is punishable by a maximum jail sentence of 6 months and a maximum fine of $2,500. It’s also a Class 3 misdemeanor for an underage person to solicit others to purchase alcohol for them.
The after-party, which students referred to as “Project X,” was promoted through social media and involved students from several Yavapai County high schools.
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Mark William Clary reportedly caused the accident when he rear-ended a sedan in his Corvette. He fled the scene of the accident on foot, but was later apprehended by police. He has been charged with second-degree murder, four counts of aggravated assault, and leaving the scene of a fatal crash.
]]> At around 3 a.m., Clary allegedly rear-ended a sedan, causing a three-car crash on Route 60. Masolini, a passenger in the sedan, was killed. Mike Medows, the sedan’s driver, is currently in critical condition. Clary then abandoned his car and took off on foot, according to witnesses.“A black Corvette sped past us having to slam on his brakes and ended up hitting another car which ended up spinning,” said Kelsie Ruiz, a witness to the crash. “Once the cars stopped spinning, he jumped out of his car and took off.”
Passersby and witnesses to the crash attempted to chase Clary down and apprehend him, but were unsuccessful. However, they informed Mesa Police about the general area to which Clary had escaped. Police then found Clary unharmed a mile from the scene in a residential area.
A detective who spoke with Clary said that he “could smell the odor of an alcoholic beverage emanating from Clary’s breath.” Although Clary has a prior DUI conviction that requires that he have an ignition interlock device in his vehicle, the Corvette he was driving had no such device. A blood test taken several hours after the crash, however, showed no traces of alcohol.
Under Arizona’s criminal code, a person commits second-degree murder if “under circumstances manifesting extreme indifference to human life, the person recklessly engages in conduct that creates a grave risk of death and thereby causes the death of another person.” It is a Class 1 felony and carries a prison term of 10 to 22 years.
The Arizona Department of Public Safety is still investigating the crash that killed Giacomo Masolini. Mark William Clary is currently being held on a $350,000 bond.
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