We know you have questions. We have your answers.
*These responses cover most but not every scenario. If you have additional questions or want to discuss your individual case, feel free to contact Curry, Pearson & Wooten P.L.C. We are here to help you.
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I was arrested for a DUI in Tempe last weekend after I’d had just one drink. How is that possible?
As Tempe DUI lawyers, we can tell you that it comes as a surprise to many people that you can be arrested for a DUI in Tempe after just a drink or two. Even if you do not feel drunk or impaired, your blood alcohol content could be over the legal limit of .08 (or .04 for commercial drivers). And, even if you’re not over the legal limit, your ability to drive could be impaired.
How Can I Be “Drunk” After One Drink?
How alcohol affects you depends on many different factors. If you do not drink very often, have a low body weight, haven’t eaten recently, suffer from certain medical conditions, or take any over-the-counter or prescription medications, then one drink may be enough to impair your vision, hearing, coordination, and judgment on the road. Sometimes, too, drinks have been mixed very strong or the alcohol content is higher than you expect, which can mean that your blood alcohol content is higher than you might assume.
What Can I Do if I’ve Been Arrested for a Tempe DUI After One Drink?
If you were arrested for drunk driving in Tempe and don’t believe you were over the legal limit, speak with an experienced Tempe DUI lawyer as soon as possible about your case. Field sobriety tests and breathalyzers can be notoriously inaccurate or misread, and you will need the help of an expert to find out what went wrong in your situation. Give us a call today at 1-888-929-5292 for a free case evaluation. We would also like to send you a copy of our complimentary book DUIs in Arizona – What You Must Know.
I’m not sure how to approach my ex-husband about parenting our kids. How do people manage to co-parent after a divorce in Phoenix?
Figuring out how to co-parent with your ex-spouse is one of the most challenging parts of life after the divorce. And what works for some parents may not work for you. One of the best ways to start thinking about co-parenting is to first consider the type of relationship you maintain with your ex-husband. Would you say that your relationship is:
- Something in between?
Once you’ve figured out what kind of parenting relationship you can reasonably expect to have with your ex-husband, speak with your ex and/or your Phoenix divorce lawyer to set down guidelines accordingly. For example, if you have a hostile relationship with your ex-husband, you may want to create a structured parenting plan that you both can agree on through your lawyer. If you have a fairly friendly relationship, you may be able to leave the details flexible and negotiate in person when concerns come up.
For more information about divorce, visitation, or child custody in Phoenix, speak with an experienced Phoenix divorce attorney today at 1-888-929-5292. We would be happy to meet with you in a free and confidential legal consultation to discuss your circumstances and how we can help.
We would also like to offer you a completely FREE resource to help you and your family during the transition. Request your complimentary copy of Arizona Family Law – How to Handle Tough Issues in Tough Times today!
I was convicted of a DUI in Tempe. Is there any way to have it removed from my record?
In Arizona, it is possible to have a judgment “set aside,” which is similar to having your record expunged. In order to do this, you must have completed your entire sentence and been dismissed by the Court. This includes the completion of any treatment or rehabilitation programs and probation time.
Your ability to have a judgment set aside in Arizona depends very much on your previous criminal history, any additional complicating factors in your Tempe DUI arrest, and your ability to convince the judge that the ruling should be set aside. An experienced Tempe DUI lawyer can help you decide if pursuing a “set aside” for your DUI conviction is a good option for you and help you work toward building a strong case to persuade the judge.
It’s important to remember that, even if your DUI conviction is set aside, you will still be responsible for any penalties from the Department of Motor Vehicles, which will stay on your record. This includes the revocation or suspension of your license, ignition interlock devices, and any points on your license.
If you need help after being pulled over for a DUI in Tempe, speak with a skilled Tempe DUI attorney who can explain your rights and options and who will fight to build a strong case for you. Give us a call today at 1-888-929-5292 to schedule a case evaluation, which we are happy to provide to you for free and with no obligation to hire us.
For more information, don’t forget to also request your complimentary copy of our important book DUI’s in Arizona – What You Must Know.
I am getting divorced in Arizona, and Im concerned about my husbands nasty Facebook posts about me. Can I use those posts as evidence in my divorce case?
It depends. As Chandler divorce lawyers, we’ve seen a steep increase in Facebook and other social media being used as evidence in our family law cases, especially in cases related to Arizona child custody. In fact, we tell our clients to treat any social media or email communication as though it could wind up in court – and to act accordingly.
As far as whether your husband’s Facebook posts can be used in court, one of the most important factors is whether or not those posts are public. Let’s face it – divorce sometimes gets nasty, and it’s pretty normal to blow off steam privately with your friends. Most judges understand that, and it’s unlikely that a post of that nature would be permissible. However, public posts – especially any posts that are available for your children to read – could be treated very seriously. Nasty comments or posts that are publicly viewable could be seen as evidence of a poor parenting environment or harassment.
Social media posts are also sometimes used as evidence of dishonesty. You might be surprised how many people will publicly boast on Facebook about how they got away with a lie in court or post pictures that show them involved in illegal drug use – or worse. If you are concerned about the posts your husband is making during your divorce, we encourage you to print them out and show them to your Chandler divorce lawyer.
If you are getting divorced in Arizona, it is important that you at least speak with a qualified Mesa family law attorney who can help explain your options and rights. Call us today at 1-888-929-5292 to schedule a completely free consultation with one of our caring family law attorneys. For more information, you may also request a complimentary copy of our book Arizona Family Law – How to Handle Tough Issues in Tough Times.
Ive heard that I can be arrested for a DUI in Chandler for driving after taking over-the-counter medications. Is that true?
Depending on the type of medication and how you react to it, it is possible to be arrested for a DUI in Chandler after taking over-the-counter medication or even medication that has been legally prescribed by your doctor. It is important to remember that an Arizona DUI does not necessarily have to involve alcohol; a DUI arrest may be the result of any substance that impairs your ability to drive.
Our Phoenix lawyers urge you to speak with your doctor or pharmacist about the effects of any new drug or combination of drugs you are taking – even if it can be obtained over the counter. Some of the most common over-the-counter drugs involved in DUI cases include:
- Robitussin (dextromethorphan)
- NO-DOZ and other caffeine/energy supplements
- Sudafed (pseudoephedrine)
- Dramamine (dimenhydrinate)
Depending on the other medications you take and your physical condition, even seemingly harmless drugs like aspirin, ibuprofen, or Tylenol may be enough to impair your driving ability.
If you need help after a legal drug DUI arrest in Chandler, speak with one of our helpful and experienced Chandler DUI lawyers today at 1-888-929-5292. DUI arrests involving legal drugs can be very difficult to prove, and a skilled Chandler DUI attorney can help you build a strong case and potentially avoid conviction. If you would like more information about who we are and what we do, request your completely free copy of our must-read book Arizona DUIs – What You Must Know.
Is it possible to modify my spousal support agreement after a divorce in Glendale?
Unless you both agreed during your divorce that the terms of your spousal support could not be modified, you should be able to ask the Court to modify spousal support and maintenance orders. You will need to file a petition with the Court to modify your agreement, and you will then need to present evidence supporting that request during a trial.
There are many reasons why you might seek to modify an existing spousal support agreement, but usually it is because there has been some kind of major change to your or your spouse’s financial situation. For example, many people seek a modification of spousal support in Glendale after a spouse gets a major promotion, loses a job, or becomes a caretaker for a child or parent. Speak with one of our qualified Glendale divorce lawyers today about your situation and find out if spousal support modification is appropriate in your situation.
If you are interested in modifying your spousal support orders in Glendale, speak with one of our skilled Scottsdale family law attorneys today at 1-888-929-5292, or use our quick online contact form. We are experienced Glendale divorce lawyers who can protect your rights and fight for the best outcome in your divorce or child custody case.
For more information about spousal maintenance and other Glendale family law issues, order your completely free copy of our helpful book Arizona Family Law – How to Handle Tough Issues in Tough Times.
Is it true that my Facebook posts could be used against me during my Phoenix divorce?
Yes. This is absolutely true, and it's been an increasing issue in many Phoenix child custody and divorce cases. Although it doesn't seem like a few "harmless" posts about what's happening in divorce court or how evil your soon-to-be ex is could be a problem, you might be surprised exactly how much of an effect it can have on your Arizona divorce case.
As Phoenix family law attorneys, we urge our clients to be extremely careful with the information posted on social media sites - even if you've carefully changed your privacy settings or blocked your ex. Because social media sites function by bringing people together to share information, there is always a risk that a friend might mention something publicly that you intended to keep private, you're tagged in a photograph that could be misconstrued, or your information otherwise gets out and ends up in court as evidence against you.
If you feel that you must continue to use social media sites like Facebook or Twitter during your divorce proceedings in Arizona, it is of utmost importance that your treat every single post, comment, Tweet, or otherwise as completely public knowledge, and censor yourself accordingly. Evidence from social media sites like Facebook can have a serious impact on how your divorce or child custody case turns out, and even a few stray posts could be built into a convincing case against you.
If you have questions about divorce in Phoenix or another family law issue, call our expert Phoenix family law attorneys today at 1-888-929-5292 for a completely free, no-pressure consultation with someone who can help. We also want to offer a free copy of our must-read book, Arizona Family law - How to Handle Tough issues in Tough Times, to you for absolutely no charge. We look forward to working with you.
Can I refuse field sobriety testing in Phoenix?
Yes. In Arizona, you have the right to refuse field sobriety testing, such as walking a straight line, touching your nose, etc., if you are pulled over for a DUI in Phoenix. However, the real question is: Should you refuse field sobriety testing?
The answer here is a little less straightforward, but, as Phoenix DUI lawyers, we'd like to add a little insight. Keep in mind that:
- If you refuse to participate in field sobriety testing, it is very likely that the officer involved will automatically arrest you for a DUI in Phoenix.
- If an officer asks you to complete field sobriety tests, it is likely that he or she already plans to arrest you and is simply looking for more evidence of your intoxication.
- Field sobriety tests can be inaccurate, and may be affected by how the test is administered, certain medical conditions, and many other factors.
- Many medical or other conditions can cause you to fail these tests even if you have not been drinking at all, which means that even if you are completely certain of your innocence, you could still fail these tests.
If you have failed a field sobriety test in Phoenix and were arrested for a DUI, please don't wait to speak with an expert Phoenix DUI lawyer today at 1-888-929-5292 for help with your specific case. We also encourage you to read our helpful, free book, DUIs in Arizona - What You Must Know.
Is burglary the same thing as theft under Arizona law?
Although burglary may involve theft, the two terms are not actually interchangeable in the courtroom in Arizona. While theft involves the actual taking of property, burglary refers specifically to entering a residential or commercial property with the intent to commit theft or another felony.
In a nutshell, burglary is what you might think of when someone says "breaking and entering." It refers specifically to actual buildings, such as houses or commercial properties. Breaking into a passenger car, for example, would probably not be classified as burglary. Breaking into a department store after hours probably would be classified as burglary.
Burglary and theft can both be serious offenses and may result in serious felony charges in Arizona depending on the specific circumstances. If you or a loved one has been arrested for burglary in Tempe, don't wait to contact an experienced Tempe criminal lawyer today at 1-888-929-5292. We would be happy to answer your questions, address your concerns, and help you protect your rights under Arizona law. Also, we encourage you to read our helpful book, Arizona Criminal Law - What You Must Know, which will explain more about what happens next and what you need to do to get the best possible outcome in your case.
What is the difference between joint custody and sole custody in Glendale?
When people refer to sole custody or joint custody, they are generally referring to legal custody as opposed to physical custody. While physical custody means that the child lives with the custodial parent, legal custody in Arizona means that custodial parents are responsible for making major decisions about the child's life. This decisions fall generally into 3 main categories: health decisions, education decisions, and religious decisions.
If a parent has sole legal custody (sometimes referred to as "full legal custody"), then that parent will be responsible for making any decisions about the child's healthcare, schooling, and religious practices, and the non-custodial parent's wishes are generally excluded in these decisions. However, the Arizona court system tends to favor joint legal custody after a Glendale divorce, believing that children benefit the most from having the input of both parents. In joint legal custody, both parents will have the power to make major life decisions on behalf of the child.
Of course, there are always times when parents disagree about what is best for the child. In joint custody cases where there is a disagreement, both parents will go to mediation with the court to find a solution.
If you have any questions about joint custody rights in Glendale, don't hesitate to contact an experienced Glendale family law attorney today at 1-888-929-5292. We serve all of Maricopa County, including Phoenix, Tempe, Mesa, and surrounding areas. Additionally, we'd like to offer our web visitors a FREE copy of our informative book, Arizona Family Law - How to Handle Tough Issues in Tough Times.