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June 2009 Archives

The Crime of Unlawful Flight

What is the crime of Unlawful Flight in Arizona? In Arizona, Unlawful Flight is also known as and sometimes called 'Felony Flight'. However, it is officially titled Unlawful Flight in the Arizona statutes and is a class 5 felony. (see Consequences of a Felony Conviction in this blog)

A Class 6 Undesignated Felony Offense, also known as a '6-Open' in Arizona

What is a class 6 undesignated felony offense? A class 6 undesignated felony offense, is also frequently referred to as a 6-open felony. In Arizona, at the time of sentencing for a class 6 felony offense a judge may leave the offense undesignated. This means that the offense has not yet been designated a felony conviction. In other words the felony designation is suspended or remains undetermined and may eventually be designated a misdemeanor as opposed to a felony. This is usually done to create an incentive to successfully complete a probationary term.

Misdemeanors in Arizona

What is a misdemeanor? First of all it is important to understand that it is a crime subjecting you to criminal prosecution and a criminal record. Historically misdemeanors have been defined as a criminal offense which is punishable by a sentence of incarceration for not more than a year. In Arizona, you cannot receive more than six (6) months for a misdemeanor conviction.

Aggravated DUI in Arizona

What is an Aggravated DUI? In Arizona, Aggravated Driving Under the Influence (Aggravated DUI) is a felony offense. (see Consequences of a Felony Conviction in this blog) In an Aggravated DUI, the elements of DUI remain the same as for a misdemeanor DUI. (see Driving Under the Influence in Arizona in this blog) To be Aggravated however, the State must prove in addition to the elements of DUI one of the following:

Felony Racing in Arizona

The crime of Felony Racing on Highways in Arizona is something that may not be familiar to many people including some law enforcement officials. What is Felony Racing? While some Arizonans may be acquainted with the crime of Racing, fewer are familiar with the crime of Felony Racing. The crime of Racing is normally charged as a class 1 misdemeanor. In Arizona, Felony Racing is just as it sounds, a felony. It is a class 6 felony to be exact.

Driving Under the Influence (DUI) in Arizona

Driving Under the Influence (DUI) in Arizona is not just a traffic ticket. It is a crime. In Arizona DUI is a class 1 misdemeanor which is the most serious of the three categories of misdemeanors in Arizona. Arizona drivers should be educated as to what constitutes a DUI under Arizona law to avoid criminal consequences. A driver or someone in actual control of a vehicle can be convicted of DUI three different ways in the State of Arizona.

What is Aggressive Driving?

In Arizona, Aggressive Driving is a crime. What is Aggressive Driving? The crime of Aggressive Driving is defined as a progression of unlawful driving that involves:

Consequences of Excessive Speeding / Criminal Speeding in Arizona?

What are the consequences of Excessive Speeding or Criminal Speeding? First of all, What is Excessive Speeding? What is Criminal Speeding? Is there a difference between Excessive Speeding and Criminal Speeding? Actually they are two different names for the same thing. Many motorists in Arizona are surprised to find themselves charged with a criminal offense for Speeding. In the statutes it is officially titled Excessive Speed, but often called Criminal Speed. What is Excessive Speeding or Criminal Speeding? In Arizona, if the State can prove that you were speeding 20 mph over the posted speed limit or in excess of 85 mph, you can be charged with the crime of Excessive Speeding or Criminal Speeding, subjecting you to possible jail time. Excessive (Criminal) Speeding is a class 3 misdemeanor in Arizona. (seeMisdemeanors in Arizona in this blog)

Consequences of Leaving the Scene of an Accident in Arizona

Arizona motorists should be aware of the consequences of Leaving the Scene of an Accident. Leaving the Scene of an Accident is a crime and is also sometimes referred to as Hit and Run. The consequences of Hit and Run are the same as the consequences of Leaving the Scene of an Accident. They are just two different names for the same crime. Officially under Arizona law it is referred to as Leaving the Scene of an Accident.

Consequences of a Felony Conviction in Arizona

Consequences of a felony conviction can have a very negative impact on many aspects of your life. In Arizona, there are six (6) classes of felonies. A class six (6) felony is the least serious, with a class one (1) felony being the most serious. A felony is usually defined as a crime that is punishable by imprisonment for more than a year, or a crime that is punishable by death or a prison sentence served in a state penitentiary.

DUI with Kids in the Car (Aggravated DUI) in Arizona

Many people are surprised to find themselves charged with a felony after being stopped and charged with their very first DUI. In Arizona if the State can prove the elements of DUI and additionally that you had a child under fifteen (15) years of age in the vehicle at the time, then you will find yourself facing a felony. Consequences of a felony conviction can negatively impact many aspects of your life. (see Consequences of a Felony Conviction in this blog)<

Traffic Survival School (TSS): Consider this Before you Plead Responsible on a Red Light Violation in Arizona


In Arizona it is important to discuss Defensive Driving School (DSS) vs. Traffic Survival School (TSS). People often refer to "traffic school" when they are referring to two very different courses. In Arizona, Defensive Driving School (DDS) is different from Traffic Survival School (TSS). You may be eligible to take a Defensive Driving School (DDS) course to remove a violation from your driving record otherwise known as your Motor Vehicle Record (MVR).

Defensive Driving School (DDS) vs. Traffic Survival School (TSS) in Arizona. What is the Difference?

In Arizona it is important to discuss Defensive Driving School (DSS) vs. Traffic Survival School (TSS). People often refer to "traffic school" when they are referring to two very different courses. In Arizona, Defensive Driving School (DDS) is different from Traffic Survival School (TSS). You may be eligible to take a Defensive Driving School (DDS) course to remove a violation from your driving record otherwise known as your Motor Vehicle Record (MVR).

Criminal Traffic Violations vs. Civil Traffic Violations in Arizona

There are many differences in a civil traffic violaion vs. a criminal traffic violation. Civil violations are very different from criminal violations. You may find the below list is helpful in contrasting some of the differences between a criminal traffic vioaltion and a civil traffic violation in Arizona.

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