WHAT YOU CAN AND CANNOT DO WHEN STOPPED FOR A DUI

You’re out with your friends having a great time and you are the designated driver.  You are close to your house when you notice the red and blue lights behind you, so you immediately pull over.   

DUI Arrest

What do you do?  First, do not panic!  Stay calm.  Easy right?  You will want to follow the officer’s instructions and provide him/her with your driver’s license, registration and insurance.  Be polite to the officer and do not give him any reason to believe you are doing anything other than simply driving home.  The officer will ask if you have been drinking, DO NOT LIE!  Everyone tells the officer they have only had 1 or 2 drinks.  You can simply answer that you do not answer questions.  Be sure to still be polite when saying this.  If you did not drink then tell them you did not drink and why, i.e., because you were the designated driver.  He or she will ask you step out of the vehicle and perform some field sobriety tests such as the walk and turn, the finger to nose test, the Horizontal Gaze Nystagmus and the finger count.  There is a huge misconception that you must perform the field sobriety tests, you DO NOT!  This is more ammunition for the officer to arrest you and to show that you were impaired at the time you were driving.  You can kindly tell him that you do not submit to tests, but you would submit to any chemical tests he or she requests.

You also do not have to blow into their portable breath test, which is the handheld machine they carry with them.  However, if the officer requests that you submit to a chemical test such as a blood draw or to blow into the intoxilyzer machine, DO IT!  If you refuse to allow them to withdraw your blood or refuse to blow into the intoxilyzer, the officer will get a search warrant, obtain the blood without your consent and you will lose your license for 1 year. 

If you get stopped for a DUI, stay calm, be polite and know what your rights.  At any time you can request to speak with a qualified Arizona DUI Lawyer, and you should. Call us and we can help.

-Ben Dodge, Esq.,

Founder – Managing Partner

Ben Dodge

Jennifer Crumbley, guilty…?

Guilty, guilty, guilty, guilty!  A Michigan jury recently found a parent of a school shooter guilty of 4 counts of involuntary manslaughter when her son, who was 15 at the time of the shooting, opened fire at a school, killing 4 students. 

This case has caused an uproar as it is the first of its kind that a parent is being prosecuted for the killings committed by their child.  The Michigan jury found Jennifer Crumbley guilty after listening to the evidence and determined that Jennifer provided her son a gun, taught the son how to use the gun, was the last parent to handle the gun, and did nothing to alert the school that her son may have a gun after she was called to the school after disturbing images were discovered by school officials, the morning of the shooting.  Moreover, testimony was provided that Jennifer was aware of her son’s mental health issues and failed to seek treatment for her son.   

Although parents can typically be held responsible for the actions of their children, this is the first case that holds a parent responsible for the killings committed by their child.  A parent in Arizona could face similar charges if this had occurred in Arizona and not in Michigan.  Pursuant to A.R.S. § 13-1103, Manslaughter, a Class 2 Felony, can be caused by “recklessly causing the death of another person.”  A person convicted of a Class 2 Felony faces a range of 3-12.5 years in prison for each offense. 

Food for thought:  This case lends itself to make this author wonder if the State is now interfering in a parent’s constitutional rights on how to raise their child.  If Jennifer had sought treatment for her son, would this be a different result? 

However, there is the other side to this argument to ask yourself what about the innocent victims and their families.  Shouldn’t parents who provide deadly weapons to their minor children be held responsible for what their child does with that gun while they are under 18 years of age? 

Regardless, there is no simple answer to these questions and in the end a community tragically loss 4 children. 

If you find yourself facing criminal charges and you need to know your rights, Dodge & Vega is willing to defend your rights.  We offer free 30 minute consultations with a knowledgeable and experienced trial lawyer.

-Ben Dodge 

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