Recklessly Endangering Another Person With a Substantial Risk of Imminent Death or Physical Injury
Arizona law makes a DUI a felony if it’s your third conviction for DUI within 84 months. Moreover, DUI convictions from other states fall under the statute (if the elements of the offense are essentially the same).
I see the following scenario commonly. A person is responsible for causing a low impact accident. No one from either automobile was injured. However, the person has previously consumed alcohol, and a blood test confirmed he was over Arizona’s legal limit of .08. What charges will this person be facing?
The obvious charge is misdemeanor DUI. More troubling, the person may also be facing an Endangerment charge. Under A.R.S. 13-1201 of the Arizona Revised Statutes, a person commits Endangerment by:
Moreover, since a car was involved (a dangerous instrument under Arizona law) my client may be facing a mandatory prison term. This can happen if it is proven that he placed the other driver in a substantial risk of imminent death. While most low impact accidents do not expose a person to such a risk, prosecutors often charge these cases with the attitude of “just leave the decision to the jury”.
Meanwhile, the client has now been exposed to a serious risk, of a long period of prison, because the State has not taken the time to properly and correctly evaluate the case. These cases cannot be taken lightly. Every effort must be made to show the true nature of the impact. That is, there was no risk of “imminent death.” This may require the use of both an accident reconstructionist and bio-mechanical engineer. In any event, these types of cases must be proactively handled as soon as possible.
Real Client's Husband, Phoenix, AZ
Arizona DUI law is extremely complicated and has severe consequences. DUI law is commonly referred to as a minefield. An attorney must be competent in the Arizona Rules of “Criminal” Procedure, the Arizona Rules of Evidence, the United States and Arizona Constitutions, and the Arizona Department of Motor Vehicles Rules and Regulations.
An attorney cannot do anything for you unless he or she has extensive experience in these areas. Police officers are only human and do commit legal errors. However, only an experienced DUI attorney will be able to find these errors and use them to help his or her client.
You should choose an experienced DUI attorney for the same reason you should choose a qualified doctor. If you break your wrist, you go to a doctor that specializes in wrist injuries. When you are charged with a DUI, you should hire a qualified DUI attorney.
An experienced Arizona DUI attorney can analyze your case for legal errors and defenses. He or she can have blood samples independently analyzed, look for suppression issues, review calibration / COBRA records of breath machines, find the right expert witnesses for your trial, and assist you with your driver’s license issues.
That is, DUI cases actually dismissed. Verifiable not guilty verdicts. Blood alcohol evidence truly suppressed as witnessed by judges, other lawyers, and newspapers.
Real Client's Husband, Phoenix, AZ
"Lawrence represents very high-profile clients who greatly depend on a good outcome, and this guy will deliver.
This is a prosecutors' worse nightmare, and it should be that way if you need an attorney."
- David E.
REAL CLIENT, PHOENIX, AZ
It was miracle!... A lot of people don't really understand the benefit of having an attorney who used to be a prosecutor. They know all the little tricks and scare tactics the state has as opposed to just hiring an attorney who is a little fish in a big pond."
- Joe C.
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