Phoenix Personal Injury Lawyer - Liquor Liability

Legislature to Consider Alcohol Interlock Devices for DUI Offenders

Staff Writer — Sat, 14 Apr 2007 09:00:00 GMT

The Arizona House of Representatives has preliminarily passed a tough DUI bill requiring offenders to place ignition interlock devices on their vehicles which would prevent them from drinking and driving. The legislation apparently has enough support to pass the legislature and will likely go to the Governor's office for signature. The legislation designed to prevent alcohol-related motor vehicle accidents, Senate Bill 1029, first started out as a measure to place even tougher jail penalties on drivers who have blood alcohol concentrations higher than .20. During floor debate, however, the bill was amended to include vehicle ignition interlock requirements on vehicles of all people convicted of driving under the influence of alcohol. According to the amendment sponsor, requiring ignition interlock devices can act as a preventative measure to reduce drunk driving accidents on our roadways.

What do you think about this legislation? By requiring jail time for extreme DUI offenders and requiring ignition interlock devices on offenders' cars, do you think we will see a reduction in alcohol-related car accidents? I fully support any reasonable and cost-effective approaches to reduce the dangers of drunk driving. Arizona has not been successful at reducing alcohol related fatalities. Maybe now is the time to try something new. I am not sure whether increasing jail-time punishment will lower alcohol-related accident rates. However, ignition interlock devices could certainly prevent offenders from repeatedly drinking and acting dangerously. For this reason, I think this legislation presents a good opportunity. I hope the legislature supports it and the Governor signs it. I'd like to hear your thoughts about this bill.

Originally posted at InjuryBoard by Staff Writer

Alcohol, Driving and Punitive Damages

Staff Writer — Wed, 11 Apr 2007 12:25:16 GMT

In Arizona if you are impaired by drugs or alcohol but still make a conscious decision to drive and later cause an accident, did you know that you not only will face criminal charges and jail time but you also will likely face civil penalties which are non-dischargeable in bankruptcy? In other words, making stupid decisions can cost you. In addition to facing jail time, you will likely face a civil judgment for actual and punitive damages. Actual damages relate to actual harm a victim suffers as a direct result of the bad decisions a drunk driver makes. Punitive damages punish the wrongdoer for the conscious disregard of the substantial and known risks of harm facing an impaired driver. The best decision a drunk can make is not to drive at all. Organizations such as MADD have in place a national campaign to end drunk driving. Hopefully, in addition to MADD and other campaigns to end drunk driving, risks of substantial jail time and civil judgments can convince a drunk to act responsibly.

When a drunk driver gets into a car and causes a crash, everybody loses. The victim of the drunk driver's behavior loses because too often, this person faces very serious physical injuries. The drunk driver loses because his or her conduct will lead to a loss of liberty and large monetary penalties and an likely civil judgment for actual and punitive damages. The public also loses because the drunk driver's conduct increases costs of insurance, police protection and adds to overall dangers on our state's roadways. Arizona has already received national attention about the number of drinking-related fatalities in the past. In the past, I have also written about how Arizona fares when comparing alcohol-related crashes to other states in the nation. Each of us can eliminate dangers associated with drunk driving by simply refusing to drive drunk and taking a cab, relying on a designated driver or staying home. Do not become another statistic in Arizona. Act responsibly and help to eliminate drunk driving on our roadways one driver at a time.

Originally posted at InjuryBoard by Staff Writer

Civil Justice Remedies for Crime Victims

Staff Writer — Sun, 11 Feb 2007 18:02:08 GMT

We have heard plenty of stories about crime in Arizona. Unfortunately and sadly, crime occurs everyday on our streets, in our offices and in our homes. If you have victimized by criminal conduct, what happens next? Who will provide support and explain what you can expect from our criminal justice system? What resources are available? What remedies are available in the criminal and civil justice system? Fortunately, in Arizona you have some resources available. For example, the Department of Public Safety maintains a web site as a resource for crime victims. This site provides victim information and resources during times of need. The site also contains links to other resources such as the Never Again Foundation. This organization indicates its purpose as follows:

We are lawyers providing free legal representation and education for women, children, and senior victims of domestic violence, sexual assault or elder abuse in civil law suits directly against the abusers. We have won over $170 Million for our clients, and 100% of all collections are given to victims to help rebuild their lives.

Arizona also has constitutional protections to ensure that victims provide input into the criminal justice process once a defendant has been apprehended. Victims have the following rights once a defendant enters into the criminal justice system:

1. To be advised of all victim rights and how to assert them;
2. To information on the availability of crisis intervention, medical and emergency services, information on victim assistance programs and domestic violence resources;
3. To be advised of the date, time and location of the initial appearance or arraignment if a suspect is arrested or cited;
4. To be provided the police report number, if available, and if the case has been submitted to a prosecutor's office, information on how to contact that office;
5. To be notified if the prosecutor declines to file charges, and notice of what charges are filed;
6. To have your home address, and employer's name and address withheld from the defendant and his representatives;
7. To refuse an interview with the defendant and anyone working on the defendant's behalf;
8. To be present at any court proceeding at which the defendant has the right to be present;
9. To name an appropriate support person, who is not a witness, to accompany you to any interview, deposition or court proceeding;
10. To have the Court provide appropriate safeguards to minimize contact between you and the defendant;
11. To be heard at any proceeding concerning release of the accused person, a plea agreement, and the sentencing (with some limitations if the defendant is facing the death penalty);
12. To speak with the presentence investigator before the sentencing, to give a sentencing recommendation, and to read the presentence report when it is available to the defendant;
13. To have the court order restitution, and to receive that restitution promptly;
14. To leave work (if eligible) to attend scheduled legal proceedings (in accordance with A.R.S 13.4439).

In the criminal justice system, victims may be awarded restitution. Victims may also have other civil remedies available to them as well. Against the criminal defendant, the Never Again Foundation provides a laudible resource for victims seeking civil justice directly against the criminal defendant. Victims may also have civil remedies available to them against other parties. The National Crime Victim Bar Association provides a resource for crime victims seeking civil remedies from other parties who may bear some responsibility for allowing a criminal act to occur. This organization provides resources to victims who need expertise in both civil and criminal matters.

The NCVBA provides technical support to attorneys representing crime victims in civil actions, refers crime victims to lawyers in their local area, and works to increase general awareness about the availability
of civil remedies for victims of crime.

Hopefully, you will never need these resources; however, they are available to provide victims with some compassion and understanding during times of need.

Originally posted at InjuryBoard by Staff Writer

Arizona One of the Deadliest for Victims of Drinking and Driving

Staff Writer — Fri, 01 Dec 2006 09:37:03 GMT

Arizona is near the top of the nation for a topic which, like golf, would have us all feel better if the score were substantially lower. According to the East Valley Tribune, alcohol played a factor in almost half of all fatal automobile crashes last year. A report prepared by an organization known as

End Needless Death on Our Roadways, shows Arizona is 15th in alcohol-related fatal crashes, just behind South Carolina and Illinois.
"Arizona definitely does not like being listed on this," said Michael Hegarty, spokesman for the Arizona Governor's Office of Highway Safety, "but we are taking every measure to decrease our numbers."

These statistics are no doubt troubling in a state which recently allowed bars and nightclubs to remain open an extra hour until two o'clock in the morning. Also, these statistics should serve as a stark reminder to all of us to drive defensively, wear your seatbelt and do not take unnecessary risks; you never know if you will be the next victim of an impaired driver. According to Michael Hegarty,

"No state can be proud of being this high," he said, "especially since alcohol-related crashes are one of the more easily preventable ones."

Reducing these statistics should become a priority for all of us. Drivers should not take irresponsible risks by drinking to the point of impairment and driving. Get a designated driver or take a cab! Police should provide enforcement to catch those drivers who get behind the wheel and place themselves and the public at risk. Likewise, local bars and restaurants can and should play an important enforcement role by training staff to avoid overserving drunk patrons and offering a safe ride home if needed. Bars and restaurants are licensed by the State Liquor Board which allows them to earn a profit from the sale of alcohol. Based on the dangers of drinking and driving, Arizona law prevents these businesses from profiting by overserving alcohol to patrons. If a bar or restaurant overserves liquor to a patron, it should either offer a safe ride home or if rejected, call the police. Like any other businesses, a license to earn a profit requires that businesses earn that profit by acting responsibly.

If all else fails and a family becomes victimized based upon the behavior of an irresponsible drunk driver, organizations such as MADD Arizona provide victim assistance. Actually the MADD organization also provides prevention resources and support to the community in order to eliminate drunk driving altogether. According to the national MADD President,

"The real possibility of eliminating drunk driving in this country is a powerful, even audacious, idea. Yet the tools are now at hand. Using technology, tougher enforcement, stronger laws and grassroots mobilization, the goal of eliminating a primary public health threat that has plagued the United States is within our reach," said Glynn Birch, national president of MADD.

Let us make a commitment to prevent drunk driving as outlined by the MADD national president. Such a commitment must start at the grass roots level, one driver, one business and one law enforcement representative at a time. Making such a commitment will lead to a reduction in alcohol related fatal crashes and will drop Arizona from among the top fifteen states in this sad statistical category.

Originally posted at InjuryBoard by Staff Writer

Our Thoughts and Prayers Go Out to a Fallen Police Officer

Staff Writer — Tue, 02 May 2006 09:20:40 GMT

Yesterday our state remembered Gilbert Police Officer Rob Targosz who died while on duty this past Saturday working on a DUI enforcement detail. A suspected impaired driver ran a red light and collided with Officer Targosz's motorcycle. The driver and passenger then fled on foot without attempting to help the injured officer. In our line of work, we see lots of tragedy. We can only hope that the tragedy that Officer Tragosz's family and the Gilbert Police Department has had to endure will serve as a reminder to drivers and businesses alike to realize the dangers of excessive drinking and driving. A peace officers memorial next to the Arizona capital contains the names of all officers in Arizona who have died in the line of duty. We salute those brave officers who have sacrificed so much to protect citizens of our state.

Out of the tragic stories which we see far too often, we also see hope and a quest for change. This past weekend, I attended the second annual MADD Arizona "Making a Difference Together" law enforcement appreciation dinner. At this event, MADD recognized more than 500 law enforcement officers from around the state for their dedication and service to our community. This recognition ceremony served to empower both officers and citizens alike to recognize the dangers of impaired driving. Based on the tragic events involving the City of Gilbert Police Department, such events like thse can make a real difference. Our sincere condolences go out to the families of this brave Gilbert Police Officer.

Originally posted at InjuryBoard by Staff Writer