California wants Arizona Immigration law overturned

SACRAMENTO, CA – California has asked the U.S. Supreme Court to overturn Arizona’s tough immigration law, saying it would drive illegal immigrants into other states.

The Arizona law passed two years ago has been largely blocked by court order because of court challenges. Among other things, it makes it a crime to be in the country illegally and to seek work.

The U.S. Supreme Court has scheduled an April 25 hearing and a ruling is expected in June.

The San Francisco Chronicle says California Attorney General Kamala Harris has joined 10 other states in asking that the Arizona law be overturned.

Harris says in documents filed Tuesday that the law exceeds state authority, conflicts with national policy and would drive illegal immigrants into other states.

Drinking and Driving Laws in Arizona

The State of Arizona has a drunk driving law that prohibits a person from driving when they have a concentration of .08 percent or more alcohol in their blood system. The measurement of 0.08 percent Blood Alcohol Concentration (BAC) is the standard measurement used by all states in America. Studies have determined that a BAC level of 0.05 Percent leaves most drivers “Impaired”, therefore the 0.08 percent measurement has been calculated as the standard measurement for a DUI conviction in the United States. If you are convicted of a drunk driving offense in the State of Arizona you face many penalties such as jail time, fines and Arizona SR22 insurance requirements.

How many drinks does it take to reach the legal limit in Arizona?

There isn’t a right answer to this question, each individual has unique characteristics that determine a BAC score. One drink can be considered 1 12-oz beer, 1 3oz glass of wine or 1-Shot or 1-oz of hard liquor. In fact it takes very little alcohol to become legally drunk and many variables such as weight, gender and body fat percentage can all be factors in the equation. The best answer is to have zero drinks before you drive.

DUI: What is illegal in Arizona?

The State of Arizona law prohibits driving under any of the following circumstances:

  • Any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.
  • An Alcohol concentration of 0.08 or more within 2 hours of driving.
  • If the Vehicle is a Commercial motor vehicle that requires a commercial drivers license and the operator has an alcohol concentration of 0.04 or above.
  • For a driver under the age of 21 years to operate or be in actual physical control of a motor vehicle while there is any spirituous liquor in the driver’s body.
  • A person driving with any illegal drug or the metabolite of any illegal drug in their body.

 As you can read above, in the State of Arizona has drunk driving laws for adults and drivers under the age of 21. If you are a commercial driver the allowed concentration of alcohol is reduced to .04 percent or above. Like many other states, being convicted of a DUI in Arizona is a Misdemeanor Criminal Conviction.

New Arizona Law SB 1200 passed for first-time DUI offenders

Starting Jan. 1, Arizona drivers convicted of a first-time DUI offense will get a slightly gentler sentence.  A new state law will require first-time offenders to have an ignition-interlock device on their vehicle for six months, instead of the current requirement of a year.

Arizona remains among the toughest states in the nation when it comes to DUI laws. It is one of 15 that require first-time offenders to have interlock devices, which prevent vehicles from turning on if alcohol is detected on the driver’s breath.  The length of time first-time offenders must use the device varies by state. Oklahoma requires it for at least 30 days; Oregon, New Jersey and Missouri require it for six months; New Mexico and Pennsylvania require it for a year.

Arizona lawmakers in 2001 passed the law requiring repeat offenders to install ignition-interlock devices. In 2007, they required first-time offenders to have the devices. To comply, drivers must pay a provider to install the device, plus a monthly maintenance fee. According to Mothers Against Drunk Driving, the devices cost about $120 to install and $80 a month to maintain.

Sen. Linda Gray, R-Glendale, who has led the effort for 13 years to strengthen the state’s DUI laws, proposed the change early this year. She has said she believes six months is long enough to teach a lesson, particularly such an expensive one. But she is still a supporter of requiring the devices. Arizona’s DUI fatalities have decreased since requiring first-time offenders to install interlocks, dropping to 210 in 2010 from 399 in 2006.

But according to the Insurance Institute for Highway Safety, several studies on the use of interlock devices show that the devices lower rates of recidivism only while the device is on the vehicle.  The Arizona chapter of MADD opposed the new law. MADD Arizona program specialist Kelley Dupps said the group will monitor if the law change causes the number of DUI fatalities to rise.

“We definitely feel the interlock law has made a huge difference in the DUI fatalities in Arizona,” Dupps said. “Interlocks allow offenders to get back on the road and drive safely while the community can rest assured that they are driving safely.”

She said if they see a spike in deaths or in repeat offenders in 2012, they will ask the Legislature to consider returning to the tougher penalty.  “We want to create the safest roads possible,” she said. “One death from DUI is one too many.”

How you can protect yourself from bank fraud

FBI warns of new banking scam

By David McMillin ·
Wednesday, January 11, 2012
Posted: 1 pm ET

Some crafty criminals are aiming to steal one of the most valuable pieces of your personal property: your banking information.

In a new warning, the Federal Bureau of Investigation warns account holders of a new spam email scheme that involves a type of malware called “Gameover.” The scheme involves fake emails from the National Automated Clearing House Association, the Federal Reserve or the FDIC. These messages attempt to trick recipients into clicking on a link to resolve some type of issue with their accounts or a recent ACH transaction. Once you click on the link, Gameover takes over your computer, and thieves can steal usernames, passwords and your money.

The FBI also warns the thieves’ hacking capabilities can navigate around common user authentication methods banks use to verify your identity, which is certainly a cause for concern. Those additional authentication steps — often personal questions, birth dates or other pieces of private information – are meant to provide some extra security padding.

While phishing scams are nothing new to the world of online banking, this type of warning serves as a reminder of just how susceptible account holders can be to malicious attacks. As more account holders begin to jump on the mobile banking bandwagon, it’s important to remember that a smartphone essentially acts as another computer. While this additional connection to the Internet is convenient, it also serves as another outlet where your information can be compromised.

Here are a few crucial steps to take to avoid falling victim to this type of Internet crime.

  • Keep your computer and mobile device updated with the newest versions of anti-virus software.
  • If you have any doubts about an email sender’s authenticity, do not click on any embedded links.
  • Remember, banks never request any personal information via email.
  • Be vigilant about checking your account balances. The sooner you notice and report any type of fraudulent activity, the more likely you’ll be able to be reimbursed for any missing funds.

Read more: FBI warns of new banking scam |

Celebrity Fight Night In Phoenix a Great Success


Now a mainstay of fundraising events in the Valley, this year the gala set a record with 1,300 people in attendance and raised more than $9.1 million Saturday at JW Marriott Desert Ridge Resort and Spa in north Phoenix.

The money raised will go to the Muhammad Ali Parkinson Center at St. Joseph’s Barrow Neurological Institute, as well as other charities.

The 10,000-square-foot facility, established in 1997 and named after the former heavyweight boxing champion, who was diagnosed with Parkinson’s in 1984, is on the campus of St. Joseph’s Hospital and Medical Center in Phoenix.

The progressive disorder of the brain can cause tremors, rigidity, poor posture and coordination, and difficulty performing voluntary movements.

Saturday’s Fight Night XVIII was a black-tie affair featuring stars from many walks of life — athletes, actors and comedians — mingling with Valley residents. Celebrities like Evander Holyfield, Billy Crystal, Bo Derek and Kurt Warner walked the red carpet.

They said curing Parkinson’s disease is a great cause to fight for and had high praise for the man who brought them out.

Actor Tom Hanks said Ali is a hero who is fighting the good fight.

“It’s a real delight to come out here and raise money for Parkinson’s and attend such a great show. It’s easy for me to say, ‘I’m there, let’s go,’ ” Hanks said. “It’s very easy to show up for something like this.”

Country-music star Reba McEntire emceed the event for the seventh consecutive year, and producer and musician David Foster returned for his 13th consecutive year as musical director.

Arizona Cardinals wide receiver Larry Fitzgerald, Starkey Labs CEO and founder William Austin, and the founders of Discount Tire, Diane and Bruce Halle, were honored for their charity work.

As the evening kicked into gear, Ali’s wife, Lonnie, reminded everybody of the event’s goal.

“The real reason we’re here is Parkinson’s,” she said.

Jimmy Walker, founder and chairman of Celebrity Fight Night, said the honorees are selected not only for their success but for their philanthropic endeavors.

“This year’s award recipients are dedicated to giving back and serving,” Walker said. “Like the Scripture, ‘To whom much is given, much is to be expected,’ they don’t hesitate in helping others, and they make it a priority to do so.”

The event included a silent auction and musical performances by Rascal Flatts and actor and singer John Corbett.

Other performers included Miley Cyrus; Rita Wilson, Hanks’ wife; and Lionel Richie.

Phoenix resident Adele Ponce said Fight Night is one of the Valley’s greatest events. This was her second year in attendance. She said she has a close connection because her husband, Dr. Francisco Ponce, is a neurosurgeon at Barrow.

“Ali and the star power he brings to this event really makes a difference,” she said. “He is the champ and he inspires people.”

Read more:

I was just arrested in Phoenix for a DUI offense…..What Happens Now?

Under Arizona law, any person who operates a motor vehicle in the State of Arizona gives consent to a test or tests of the person’s blood, breath, urine or other bodily substance for the purpose of determining alcohol concentration or drug content if the person is arrested for any DUI offense while the person was driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor or drugs. This is known as Arizona’s implied consent law.

Pursuant to this implied consent law, your Arizona drivers license (or your right to drive in Arizona if you’re not a Arizona licensed driver) was most likely suspended for anywhere from 90 days to two years for failing (0.08 % BAC or higher (lower for minors or if driving a commercial vehicle)) or for refusing a breath test.

Read your paperwork carefully. You have only a short time―generally 15 days―to request a hearing to challenge / appeal your implied consent suspension. At Sonoran Law Group, lead DUI attorney Ryan Garvey, will assist you with all of your questions concerning suspended drivers license and moving forward, your DUI charges. Contact us now for your free One hour consultation, 602-387-5200, we serve Phoenix, Scottsdale, Tempe and surrounding areas.

Scottsdale DUI Lawyer…..What Do I Do?

Dear Attorney:

I was pulled over by Scottsdale Police on New Year’s Eve; I was with friends and thought I was okay to drive.  The officer asked for my drivers license and then gave me a portable breathalizer test.  I had to blow several times because I couldn’t seem to get an accurate reading.  I blew a .15, which I was told by the officer was nearly twice the legal limit in the state of Arizona, I was arrested and taken to the police station and my drivers license was not given back.  Will I lose my license?

Dear Scottsdale DUI:

First, please accept our condelonces for such an unfortunate incident that you experienced on New Years Eve; second, yes you may be facing a license suspension due to this incident.  You can lose your license through the Arizona Motor Vehicle Division (MVD) and/or through the Criminal Court where your DUI will ultimately be filed (i.e. Scottsdale Municipal Court, Phoenix Municipal Court, etc.).  Either one of these governmental agencies has the legal authority unilaterally to suspend your driving privileges due to a violation of DUI laws in Scottsdale.  The suspension term will vary depending upon the the final determination of your blood or breath alcohol concentration.  If you are found to have violated Scottsdale DUI laws, then you can expect a minimum driver license suspension of 90 days.  In more serious DUI cases, your license may be suspended for up to a year or even longer.  However, you always have the right to due process in the form of a hearing before the MDV in order to fight against any proposed suspension of your driver license.  We can help you with this process; as a former DUI Prosecutor, I have handled thousands of DUI cases and countless MVD hearings.  Please contact me so that I can provide you with a free consultation to discuss your rights and our DUI and MVD hearing strategies in more detail.  Lastly, even if your license is suspended, in most cases we are able to obtain Restricted Driver Licenses for our clients which allows them to continue to drive during the suspension period and thereby helping them to keep their jobs and continue on with their lives.  I hope this information helped you and I look forward to guiding you further and protecting you in your time of need.

Ryan Garvey, Phoenix DUI attorney in Phoenix, Arizona