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What Does Arizona Law Say About Underage DUIs?

by | Sep 4, 2017 | DUI, Underage DUI

Defending the People of Arizona

With more than 100 Years of combined experience

SCHILL LAW GROUP

8700 East Via de Ventura
Suite 210
Scottsdale, AZ 85258

333 N. Wilmot Rd, STE 340
Tucson, AZ 85711

(480) 680-7432
© 2021 Schill Law Group All Rights Reserved.

What Does Arizona Law Say About Underage DUIs?

According to the Center for Disease Control and Prevention, an incredible 43.8 percent of Arizona teenagers drink alcohol. As a parent, this news can be quite alarming – especially if your teen is a licensed driver. What happens if your child makes the decision to drink and then get behind the wheel? This type of risky behavior can lead to a number of consequences. Today, we’ll explore what happens when an underage driver is caught under the influence of alcohol.

Arizona Underage DUI Laws

Under regular circumstances, Arizona law tolerates a driver with a Blood Alcohol Content of 0.8 or less. This, of course, assumes that the driver is an adult of the legal drinking age of 21 or older. Underage drivers, however, are held to a different standard. Arizona’s “zero tolerance” policy mandates that minors can be charged with driving under the influence of alcohol if their Blood Alcohol Content is at 0.01% or higher. For this reason, the team at Schill Law Group has handled many cases where a teen driver was charged with trace amounts of alcohol in his or her system.

It is important for parents and minors alike to be aware of the law. Even in situations where you might want to allow a minor to consume a very small quantity of wine for religious purposes such as communion or Seder, it’s advisable to reconsider. Not only is it illegal to provide a minor with alcohol, you could be putting your child into harm’s way by allowing him or her to drive after ingesting said alcohol. Any amount of alcohol found in an underage driver’s system could lead to an arrest.

First Offense

In the event that a minor is pulled over and charged with an underage DUI, you may be wondering what happens next. In Arizona, this will depend on both the severity of the driver’s impairment and the number of past offenses. The potential consequences for a first offense include:

  • Up to six months in juvenile detention or jail
  • Extensive court fines and fees up to $2,500
  • Class 1 misdemeanor charge
  • Suspension of driving license for up to two years
  • Mandatory drivers education classes
  • Probation

Second and Multiple Offenses

If an underage driver is charged with a DUI more than once, he or she will face harsher consequences. These second-time offenders create dangerous conditions for themselves, their passengers, and other drivers on the road, and a judge is much less likely to look upon these risky actions with much leniency. Amongst other things, an underage driver may receive jail time, the extended suspension of his or her driver’s license, and larger fines. In cases where a minor has been charged with a DUI multiple times, it’s very important to hire an experienced DUI attorney. We never advise attempting to represent yourself after multiple charges have been received.

Have you or someone you love recently been charged with an underage DUI? It’s important to remember that, while all of these are the potential consequences of receiving an underage DUI, you may find that with the help of a defense attorney, a judge may hand down a less severe punishment. Even so, you should be prepared for the fact that any outcome is possible. For the best result, we urge you to schedule a consultation with Schill Law Group. Give us a call to learn more or get started today.

Keeping Calm at an AZ DUI Checkpoint

by | Aug 28, 2017 | DUI

Keeping Calm at an AZ DUI Checkpoint

Arizona is known for its tough DUI laws, so it’s no surprise that DUI checkpoints pop up throughout the state on a regular basis. As intimidating and frustrating as getting caught up in a checkpoint can be, it’s important to realize that DUI checkpoints are upheld under the federal constitution, so you will need to stay calm and be cordial. Just because you’re being cordial, though, doesn’t mean that you shouldn’t know your rights and be prepared to protect yourself. Here are a few suggestions to help you stay calm and to be smart as you navigate an Arizona DUI checkpoint.

Know Before You Go

The best way to avoid the panic of a DUI checkpoint is to do a little research before heading out for the night. Pay attention to the news and social media to learn when and where checkpoints will be set up in your area. Be aware of the fact that checkpoints are more likely during holidays, special events, or on weekends. By preparing in advance, you can avoid roadblocks wherever possible and make better decisions throughout your evening.

Have your Paperwork Handy

If stopped at a DUI checkpoint, an Arizona police officer may ask to see your driver license, registration, or proof of auto insurance. To avoid stress, it’s wise to make sure that your paperwork is always inside your vehicle, stored in a safe place that can be easily accessed upon request.

Know Who and What’s In Your Car

As a licensed driver, you’re responsible for who and what may be found inside your automobile during a traffic stop like a DUI checkpoint. Make sure that there aren’t any open alcohol containers in any part of your vehicle and never allow illegal drugs or paraphernalia inside your car or truck. If certain medications are needed, make sure that the proper prescriptions and documents are in order upon request. Avoid driving with passengers who are under the influence of illegal drugs, as this can raise suspicions with the police.

Avoid Self-Incrimination

When stopped at a DUI checkpoint, it’s smart to avoid supplying any more information than you absolutely have to. In the event that the officer asks a question to which you believe an answer may put you at risk, remember that you have the legal right to remain silent in order to avoid self-incrimination. Plus, you have the right of refusal to perform field sobriety tests unless the officer has a warrant or probable cause. Always remain polite and respectful – even when you choose to decline to follow a request. And, of course, you can ask that an attorney like Schill Law Group be present at any time if you feel that the situation is taking a turn for the worse.

Show Respect

Although a DUI checkpoint may be annoying, it’s wise to remember that these stops aren’t intended to inconvenience you. Instead, checkpoints exist in an effort to discover people who are breaking the law and, ultimately, to keep you and your loved ones safe. With this in mind, remember to be courteous and respectful to the police. Calmly declining to meet a request with your civil rights in mind is much different than being hostile and argumentative, and any signs of aggression could be met with suspicion and further consequences.

There’s no reason why you should let an Arizona DUI checkpoint get the better of you. Taking the time to understand what to expect and to learn how to handle yourself at a checkpoint will empower you to stay safe and calm.

Do you have further questions about what to do when stopped at a DUI checkpoint in Arizona? Have you or a loved one been arrested as the result of a DUI checkpoint? The experts at Schill Law Group are here to help. Give us a call for a case consultation today.

Were You Accused of Employee Theft? Here Are the Steps You Should Take

by | Aug 24, 2017 | Criminal Charges, Theft

Were You Accused of Employee Theft? Here Are the Steps You Should Take

If you’ve been accused of theft in at work by your employer and wondering what steps to take, Schill Law Group in Phoenix is here to help. After being accused of theft at work you could be facing two types of consequences: termination and/or criminal prosecution. Obviously, accusations of theft at work are extremely serious and could not only affect your immediate livelihood, but also your employment for years to come. It’s important that you try to remain calm and carefully work to sort out the situations. The steps you will need to take will largely depend on understanding the details of your unique situation. For situations in which you need legal representation, Schill Law Group handles accusations of theft at work in Arizona regularly and will help you navigate this stressful, complicated time.

If you’d like to speak directly with an attorney about your situation, call the Schill Law Group today for a free consultation on your case.

Ask Questions

When being accused of theft, before anything else it is wise to gather as much information about the accusation being made as possible. The more you know, the better equipped you will be to assess the situation, protect yourself, and seek the best legal representation when necessary. Find out precisely what you are being accused of stealing. Determine whether or not you are being fired or if you are being charged with a crime. Will your company be handling an internal investigation where you will be able to share your side of the story with your supervisor or HR personnel, or is the investigation being handed over to the police? What are the next steps? In addition to asking these types of questions, it’s important to remember that no matter how much you may want to proclaim your innocence, it’s often best to keep your words at a minimum so that you don’t accidentally implicate yourself – especially if law enforcement becomes involved. Even if you are falsely accused of theft, it is advisable to limit your statements.

Seek Legal Representation

Once you have a better understanding of what you are being accused of and how the investigation is being handled, it’s time to look for experienced legal representation. Schill Law Group in Arizona has handled numerous cases related to accusations of workplace theft and we can walk you through the process. Partnering with a law firm is a crucial step because it allows you to be cooperative with the investigative process without making the problem worse. Too many employees have made the mistake of trying to “clear the air” or “talk things out” with their employers, only to find that their attempts to remedy the issue have implicated them further or led to more trouble. It’s much wiser to allow a legal professional to speak on your behalf.

Don’t Be Pressured Into Giving Up Your Right To An Attorney

There are many instances when employees are wrongfully accused of workplace theft. You may feel that if you have nothing to hide, you should be able to simply answer questions on your own and that hiring an attorney could actually make you look guilty. This couldn’t be further from the truth. Even innocent people need professional legal representation in order to protect themselves. As mentioned previously, going it alone can actually make your problems worse, so we urge you to present your case to an experienced lawyer.

Remain Calm

You won’t be able to make the situation any better if you get emotional or angry. While a false accusation is understandably frustrating, statements or emails composed in anger are likely to make the situation worse, even when you’ve done nothing wrong. You will only undermine any efforts made to demonstrate that the theft accusations are unfounded.

Know Your Rights

In addition to fighting to clear your name and protect you from legal prosecution, a lawyer will also be able to explain your rights so that you can navigate your way through the investigation process as comfortably as possible. For example, you may have questions about your right to privacy as the investigation is carried out, whether or not you have the right to refuse a lie detector test, or may be curious about whether you have the right to review your HR record. Your attorney will be able to provide answers to these questions so you don’t have to remain in the dark. The Schill Law Group has extensive experience in handling Arizona theft cases and will be able to guide you through your situation, too.

If you or a loved one have been accused of workplace theft, don’t hesitate to seek help from Schill Law Group. Give us a call to set up a free case consultation today.

Your Guide to Petitioning for a Same-Sex Divorce in Arizona

by | Aug 23, 2017 | Blog, Divorce

Same-sex marriage has been recognized in the state of Arizona for several years now. Unfortunately, divorce is an inescapable possibility in all marriages – including those involving the same sex. The good news is that same-sex couples don’t have to jump through any special hoops in order to dissolve their marriages. In fact, the rights and laws that pertain to dividing property, assets, debt, child support, and custody are the same for same-sex couples as those for heterosexual couples. Even so, same-sex couples may have unique experiences throughout the divorce process and understanding what’s involved with this process can help you know what to expect.

Petitioning for a Same-Sex Divorce in Arizona

The first step in dissolving your same-sex marriage in Arizona should be to seek out legal advice. The experts at Schill Law Group, for example, can help you make smart decisions regarding the best course of action for you, your ex, and your children. From here, you will complete a “Petition for Dissolution of Marriage” to be filed with the court. Filing the paperwork will result in being assigned a case number that you will need to refer to throughout the divorce process. In order to ensure that things get done quickly, efficiently, and correctly, we recommend having all paperwork filed with the court system prepared by a legal professional.

Taking the Next Steps

After the initial petition for a same-sex divorce has been filed, you’ll need to have your spouse legally served with the paperwork and offer proof of this service to the court. This will provide him or her with the opportunity to review your petition, seek legal representation, and file a response. Depending on your mutual debts, assets, and family situation, you may both need to work with mediators and legal counsel in order to come up with an agreement that works for everyone’s best interests.

Child Custody Issues in Same-Sex Divorces

For the most part, petitioning for a same-sex divorce and following through with the various steps for dissolving a marriage in the state of Arizona is identical to the experience of a heterosexual couple. In the case of child custody, however, same-sex couples may encounter some unique challenges or difficulties. In many cases, it is difficult for both parents in a same-sex marriage to have their names listed on their child’s birth certificate. While states like California allow two mothers and two fathers to be named on a certificate of live birth. Arizona law currently only allows one mother and one father to be listed. This can create conflict and confusion when it’s time to reach an agreement concerning which is the “rightful” parent and who gets custody of a child or children.

Although the system is not yet perfected, we have recently seen Arizona custody cases where same-sex couples are treated with the same “presumption of paternity” as heterosexual couples. To ensure that you are treated fairly, however, we urge you to work with an experienced divorce attorney.

Other Arizona Family Law Issues in Same-Sex Divorces

One other question that same-sex couples may have when dissolving a marriage involves how the length of the marriage is actually determined. This can be confusing when considering that a couple may have entered into a partnership or civil union in one state, been named domestic partners in another, and finally married in another state. A lawyer can help you determine what constitutes the correct length of your marriage.

Do you need legal assistance with your same-sex divorce in Arizona?  Give us a call to learn more today.

How Do I Establish or Modify My Child Support?

by | Aug 15, 2017 | Custody

Defending the People of Arizona

With more than 100 Years of combined experience

SCHILL LAW GROUP

8700 East Via de Ventura
Suite 210
Scottsdale, AZ 85258

333 N. Wilmot Rd, STE 340
Tucson, AZ 85711

(480) 680-7432
© 2021 Schill Law Group All Rights Reserved.

How Do I Establish or Modify My Child Support?

Arizona takes a parent’s responsibility to support their child/ren very seriously. The statutes mandate that both parents have a legal obligation to provide financial support for their children, regardless of how involved they are in the child-rearing process. As such, child support orders are typically entered quickly in separation/divorce actions. This responsibility continues until the child emancipates, which is their 18th birthday, or if the child is still in high school, until they graduate or turn 18 years old. Obviously, the amount of support which should be paid will change over time, and a party should make sure that they are being paid/paying the appropriate amount.

The amount of support is determined through a calculation, in accordance with the Arizona Child Support Guidelines. This calculation will include both parties’ level of income, the cost of medical insurance, the child custody arrangement, as well as support for other children, the number of children at issue, costs of day care and costs for special needs items. In most cases, these figures are clear and the calculation is cut and dry. However, often there are issues to be determined or argued regarding some of the amounts used in the calculation. For example, the court could attribute income to a party who is underemployed. This could radically change the amount ultimately ordered. Everyone should discuss these issues with a family law legal profession, such as those at the Schill Law Group, to make sure that the proper amount of support is ordered. .

A child support order will remain in effect until the emancipation of a child, unless someone requests a modification. There are only specific circumstances where a modification would be appropriate. Determining if the facts in your situation support a modification is where legal professionals like Schill Law Group can help.

Legal Grounds for a Child Support Modification

Parents may request a modification or termination of their child support orders “on a showing of changed circumstances that are substantial and continuing” A.R.S. § 25-327. This does not mean that your child has become more expensive, but rather that some of the figures in the calculation have changed and would result in a different figure.

There are some circumstances which will automatically be accepted as a change in circumstances. This includes things such as emancipation of the minor child, birth of another child you provide support for, increase or decrease in the cost of health insurance of the minor child, or the loss of health insurance.

Otherwise, the Court generally believes that a substantial and continuing change is one which results in a greater than 15% change in the obligation. This could be either and increase or decrease. This could result because of a change in the visitation, incomes, cost of the day care, or the like.

There will also be an adjustment to the child support when a child reaches the age of 12, so that should be kept in mine as well. Often times orders will require parties to exchange financial information every year or two, and it is good to get advise/representation on what should be provided and what the new figures mean for the obligation.

Also, keep in mind that if you are obligated to pay support, the reverse of some of these items may cause a reduction in your support. Often as children age, there day care costs reduce or even stop, which usually causes a large change in the obligation.

These are only a few of the most common basis for requesting a modification to child support. Talk to your legal professional for consul on other situations where you may be within your rights to a child support increase.

Arguing Your Case

No matter how “cut and dry” your case may seem to be, you should never count on the fact that you will be granted the increase your child needs on your own. Child support cases are sensitive in nature and it can be difficult to prove the basis which should be utilized.

Timing

As stated, no changes occur until after you file for it. This can result in several months before a matter is heard, and back support, or overpayments may result. In order to give yourself the best chance to win the case for your child, it’s important to seek help from a reputable and experienced civil family law attorney.

Schill Law Group is passionate about ensuring that you and your child’s needs are met – both now and in the future. If you believe you are legally entitled to a modification in child support, we’re here to help. Give us a call to learn more today.

 

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