Under What Circumstances Can a Person Be Arrested for a DUI?

In Arizona, “driving under the influence” statutes define a person’s ability to operate a vehicle in multiple ways. Listed below are explanations and definitions of Arizona’s DUI classifications:

MISDEMEANOR DUI’s

1.    A “DUI” is operating a vehicle while impaired to the slightest degree. Impairment may be from alcohol, drugs, or some other method by which the driver’s ability to operate a vehicle is somehow compromised. In other words, one does not need to be drinking to pulled over and ticketed for a DUI in Arizona.

2.    A person cited for “Per Se DUI” is a person whose blood alcohol content is above 0.08 within 2 hours of driving. A Per Se DUI is the offense people usually refer to when they, or someone they know, has been arrested for drinking while driving.

Why You May Wish to Change or Update your Estate Planning Documents

At the Carroll Law Firm, we help clients plan their estate by preparing documents including Simple Wills, Durable General Powers of Attorney (AKA Business Powers of Attorney), Healthcare Power of Attorney, Living Wills, Beneficiary Deeds and even Trusts.

Every time you move to a new state, you should prepare a new will. Each state has different laws for probating an estate, and if you do not have a new will prepared, you could leave your beneficiaries liable for problems that you could have helped them avoid such as inheritance taxes, real estate complications and more. The only way to ensure that your true wishes will be carried out upon death is to have a will prepared in accordance with state laws of your primary residence.

In addition to a new will, you also should make sure your Trust adheres to local laws. If you already have a trust, an attorney can prepare an amendment to that trust to make sure that the trust is interpreted according to Arizona law.

Owning Investment Real Estate in a Limited Liability Company (LLC)

Several clients have asked about owning investment Real Estate (usually a rental property) in a Limited Liability Company (“LLC”).  Usually, the main reason for clients are interested in placing property in a LLC is to provide additional liability to the owner.  To understand how this additional protection is provided, assume that you have purchased a residential property that you intend to rent out to tenants.  There are always risks associated with being a landlord, one of the worst being that a tenant loses their life while living at the property. (Look at the number of children that drown in swimming pools in the Phoenix area each year, some in residential rentals.)  Or what if someone breaks into the property injuring your tenants, and you are sued for failing to have provided adequate locks on the front doors or windows.   If you have insurance, (usually a Landlord’s policy on the rental and your own Homeowner’s policy), your insurance should cover most of the costs associated with defending such a claim and paying any damages.  However, there always is the chance that your policy may be insufficient to cover a large claim, particularly if a sympathetic jury were to award a claimant millions of dollars in damages.

Should I Max out my Credit Cards before Filing Bankruptcy?

We have heard of attorneys encouraging people to max out their credit cards before filing bankruptcy.  Our attorneys strongly disagree with this advice for several reasons.  First it is dishonest.  Some people would say that  filing bankruptcy is dishonest in itself, so why not get as much out of it as you can.  Filing bankruptcy is not dishonest.  Our attorneys help clients who have come to the realization that paying all of their creditors is either not possible, or puts such a burden on them and their family that it is necessary to file bankruptcy to obtain peace in their home.  This action is not dishonest, it is honestly evaluating options to get out of a bad situation, and bankruptcy is one of those options.

What is dishonest is making a promise to repay money when you do not intend to repay it.  We advise clients to first decide which option they think is best to get out of their current debt situation.  If they plan to file bankruptcy, then they need to stop borrowing money, unless there is a plan and an intention to repay the debt even after bankruptcy.  One example is borrowing money to buy a car, when you intend to keep the car and pay the debt after a bankruptcy.  When someone borrows money with a promise to pay it back, but at the time they borrow it they have no intention of paying it back, this action is fraud.  Our attorneys do not advise our clients to commit fraud, or assist them in doing so.

Exemptions in Bankruptcy

What are the exemptions in Arizona, and what can I keep if I file bankruptcy?

Each state chooses exemptions that apply in filing bankruptcy, and can either choose to allow use of the federal exemptions, or not.  In Arizona the federal exemptions are NOT available, a debtor must use the state exemptions.

In Arizona, the list of exemptions state the items that a creditor cannot take when enforcing a debt obligation.  These exemptions apply whether or not someone files for bankruptcy.  One reason that many people choose to file for bankruptcy (besides the harassment they receive from creditors) is that wages only have a 75% exemption, meaning that once a creditor has a judgement they can take 25% of a paycheck on an ongoing basis, until the debt is paid in full with all of the interest, late fees, attorney fees, penalties and such.