Pinal County Commander Resigns – KPHO Phoenix

MyFox Phoenix

Pinal County Commander Resigns KPHO Phoenix Sgt. Scott Gillen, an 18-year veteran of the sheriff's office, is on paid administrative leave while the Maricopa County Sheriff's Office investigates the ... Pinal sheriff: County won't do crime sweepsAZ Central.com 2nd Pinal deputy under criminal investigationEast Valley Tribune Pinal County Sgt. on leave due to 'severe allegations'ABC15.com (KNXV-TV) Arizona Republic -KSWT-TV -AZ Central.com all 21 news articles »

6 Year Elgin, Illinois DUI Conviction

An Elgin man who crashed his car into a house last year while under the influence, killing his passenger, was sentenced Friday to a six-year prison term for an Elgin DUI Offense.

Daniel Chagala-Villaseca, 19, pleaded guilty to aggravated DUI in Kane County court for the Nov. 7 accident in the 600 block of East Chicago Street in Elgin.

According to prosecutors, Chagala-Villaseca drove his car into the front porch of a house about 1:25 a.m. and skidded more than 80 feet before coming to a stop. His passenger, Marcelo Martinez-Ayala, 26, of Elgin died from injuries received in the crash.

The driver’s blood-alcohol level was twice the legal limit, and he also tested positive for marijuana, prosecutors said.

Source

Elgin, Illinois DUI Law

In Elgin, Illinois, the DUI criminal charge is prosecuted and adjudicated in the courts. This charge is separate from the Statutory Summary Suspension, which is an administrative process. A person convicted of an Illinois DUI who lost their Illinois driving privileges because of a summary suspension will have that time credited to the minimum driver’s license period of revocation.

In Illinois, a driver is legally considered to be under the influence if they have a BAC of .08 percent or greater, have used any illegal substance, or are impaired by medication. A driver’s BAC is based on the ratio of alcohol to blood or breath. However, an individual showing BAC levels between .05 and .08 percent may be convicted of DUI if additional evidence determines that the driver was impaired. 2004 BAC levels When the Illinois General Assembly passed legislation in 1997 to lower the illegal BAC limit to .08 percent from .10 percent, Illinois became the 15th state to impose such a change.

Elgin, IL DUI Lawyers

Being charged with an Elgin, Illinois DUI is a serious offense that can have major consequences, including loss of driving privileges, jail time, and monetary fines. It is very important that anyone facing an Elgin DUI understand what challenges they will encounter. Seeking the legal advice of a capable and skilled Elgin DUI defense attorney will help you understand all of your options and rights.

Pinal sheriff: Fired Chandler cop deserves his new job – Arizona Republic

East Valley Tribune

Pinal sheriff: Fired Chandler cop deserves his new job Arizona Republic His 2005 application to become an unpaid reserve deputy for the Maricopa County Sheriff's Office was rejected. Chandler police officials confirmed that his ... 2nd Pinal deputy under criminal investigationEast Valley Tribune Pinal County Sheriff's commander quitsKSWT-TV all 11 news articles »

5 Things You Should Know About Arizona Super Extreme DUI Convictions

Arizona is one of a few states that has created something referred to as "Super Extreme DUI."  A DUI is "Super Extreme" if a person's blood alcohol concentration is .200 or above.  While this crime is still a misdemeanor, it carries a minimum jail term that is greater than most first time felonies.  There are several characteristics of this crime that make it unique.  Here are the five most important:

1. An extended period of an Ignition Interlock Device.  All Arizona DUI convictions require a person to install and maintain an ignition interlock device.  For a first time regular DUI, the minimum period is one year.  A conviction of Super Extreme DUI requires a minimum period of 18 months (or one and one-half years.)

2. Extended jail period.  For a regular DUI conviction, there is a minimum jail term of 1 day.  For an extreme DUI (BAC result of .150 and below a .200) conviction, there is a minimum jail term of 30 days.  For an Arizona Super Extreme DUI, the minimum jail term is 45 days.

3.  A better chance of getting your name in lights.  The Maricopa County Attorneys' Office has a website that posts booking photos of DUI offenders.  While they do not provide explicit details of how they choose who they post pictures of, we do know that they focus on people alleged to have higher blood alcohol test results (i.e. "Super Extreme DUI" and "Extreme DUI.")

4. Out of state offenders will probably go to trial.  If you live in another state and get a "Super Extreme DUI", you will have an inherent difficulty with taking a plea offer.  Many prosecuting offices offer long periods of jail for these cases.  It is not uncommon for them to offer the same amount of jail the person may get if they went to trial and lost.  For the person that lives in Arizona, they may be be able to maintain their employment during their jail term if granted work release and / or home detention.  However, out of state offenders may not have these options.  While most Arizona courts will permit them to do their jail out of state, there are very few out of state jails that will accommodate them.  Finding a jail in someone's home state for a few days can usually be accomplished.  When it comes to jail terms of 30 to 45 days, it is nearly impossible.  Most out of state jails will not accommodate these requests. Consequently, an out of state offender may need to go to trial and fight the Super Extreme allegation.  If successful, on that count alone, the minimum jail can be significantly reduced.  Thus, trial is often times the best option in these cases.

5.  Simply being charged with "Super Extreme DUI" does not mean you will be convicted of "Super Extreme DUI."  While prosecutors tend to offer extended periods of jail on these cases, that does not mean a reduction (or even dismissal) is not possible.  There are several factors that need to be examined: (1) How far above a .200 is the test result? (2) Were there any problems with the blood testing process? (3) How bad was the driving prior to the traffic stop? (4) Is there a disconnect between how the person was acting and the test result? and (5) Are there any procedural or constitutional violations?  Moreover, there are many other factors that may affect the outcome of the case.  The general concept is that if the government believes they might lose the case, the better the chance of a reduced plea offer.

In sum, Arizona Super Extreme DUI convictions are truly unique, in that the increased penalties for this misdemeanor can be more onerous than many felonies. 

5 Things You Should Know About Arizona Super Extreme DUI Convictions

Arizona is one of a few states that has created something referred to as "Super Extreme DUI."  A DUI is "Super Extreme" if a person's blood alcohol concentration is .200 or above.  While this crime is still a misdemeanor, it carries a minimum jail term that is greater than most first time felonies.  There are several characteristics of this crime that make it unique.  Here are the five most important:

1. An extended period of an Ignition Interlock Device.  All Arizona DUI convictions require a person to install and maintain an ignition interlock device.  For a first time regular DUI, the minimum period is one year.  A conviction of Super Extreme DUI requires a minimum period of 18 months (or one and one-half years.)

2. Extended jail period.  For a regular DUI conviction, there is a minimum jail term of 1 day.  For an extreme DUI (BAC result of .150 and below a .200) conviction, there is a minimum jail term of 30 days.  For an Arizona Super Extreme DUI, the minimum jail term is 45 days.

3.  A better chance of getting your name in lights.  The Maricopa County Attorneys' Office has a website that posts booking photos of DUI offenders.  While they do not provide explicit details of how they choose who they post pictures of, we do know that they focus on people alleged to have higher blood alcohol test results (i.e. "Super Extreme DUI" and "Extreme DUI.")

4. Out of state offenders will probably go to trial.  If you live in another state and get a "Super Extreme DUI", you will have an inherent difficulty with taking a plea offer.  Many prosecuting offices offer long periods of jail for these cases.  It is not uncommon for them to offer the same amount of jail the person may get if they went to trial and lost.  For the person that lives in Arizona, they may be be able to maintain their employment during their jail term if granted work release and / or home detention.  However, out of state offenders may not have these options.  While most Arizona courts will permit them to do their jail out of state, there are very few out of state jails that will accommodate them.  Finding a jail in someone's home state for a few days can usually be accomplished.  When it comes to jail terms of 30 to 45 days, it is nearly impossible.  Most out of state jails will not accommodate these requests. Consequently, an out of state offender may need to go to trial and fight the Super Extreme allegation.  If successful, on that count alone, the minimum jail can be significantly reduced.  Thus, trial is often times the best option in these cases.

5.  Simply being charged with "Super Extreme DUI" does not mean you will be convicted of "Super Extreme DUI."  While prosecutors tend to offer extended periods of jail on these cases, that does not mean a reduction (or even dismissal) is not possible.  There are several factors that need to be examined: (1) How far above a .200 is the test result? (2) Were there any problems with the blood testing process? (3) How bad was the driving prior to the traffic stop? (4) Is there a disconnect between how the person was acting and the test result? and (5) Are there any procedural or constitutional violations?  Moreover, there are many other factors that may affect the outcome of the case.  The general concept is that if the government believes they might lose the case, the better the chance of a reduced plea offer.

In sum, Arizona Super Extreme DUI convictions are truly unique, in that the increased penalties for this misdemeanor can be more onerous than many felonies. 

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County jail to share data with immigration office – KVIA

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Oops! No Air Conditioning – Allen Stanford Says Jail is Too Hot! – National Ledger

National Ledger

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After former Scottsdale CPA Danny Wise was denied a reduction – Sonoran News

Sonoran News

After former Scottsdale CPA Danny Wise was denied a reduction Sonoran News However, since both Allen and Maryann McKessy, attorney for the prosecution, had already expressed no objections, Maricopa County Superior Court ...

Obama Admin Expands Law Enforcement Program 287(g), Criticized for … – Democracy Now

Democracy Now

Obama Admin Expands Law Enforcement Program 287(g), Criticized for ... Democracy Now In Napolitano's home state of Arizona, particularly under Maricopa County Sheriff Joe Arpaio, the 287(g) program is plagued with serious reports of abuse. ... and more »

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