Interviewer: What are the most common types of traffic offenses you represent people for?
Acacia Law Group Lawyer: I would say criminal speeding's the big one. In Arizona, unlike California and most states, it's actually a crime to go more than 85 miles an hour, which is not a lot of leeway because the speed limit is 75, and most people don't know that. So, there's a lot of things that can be done. I'd say that's one of my big areas, there. Same with, the law's very strict on aggressive driving and reckless driving, but many times the law is more lenient in other states, where it would just be a simple traffic ticket.
In Arizona Weaving Out of Lanes or Following too Closely Can Result in a Charge of Aggressive Driving which is Equivalent to a DUI Charge
In Arizona, if you're doing a couple things, such as passing and weaving out of lanes, or following too closely, they can write you with aggressive driving, which is basically equal to a DUI as far as how it affects your license. There are certain rights they can ... That's my main experience, and also, commercial drivers, the laws can be different as it affects them because they can't go to traffic school, which means they have to try to negotiate to get lesser violations that wouldn't hurt their record as bad, if not get dismissed.
Equipment Violation Charges are Normally Pled Down for Commercial Drivers in Arizona
Interviewer: Do you ever work with cases that involve equipment violations, or tailgating, or anything like that?
Acacia Law Group Lawyer: Right, tailgating. Equipment violation's actually the one I would plead down to a lot for commercial drivers. Another thing unique to Arizona and some other states, too, but it's different from California - is that many of the violations that are not misdemeanors in California are in California, such as a lot of times with log books, or port of entries, or even a seat-belt ticket can be a misdemeanor for a commercial driver in Arizona if they're in their commercial vehicle. Basically, a common plea bargain is to reduce to equipment violation because it doesn't have any points and it's not a misdemeanor.
Common Ways that Motorists Unintentionally Incriminate Themselves
Interviewer: What are some of the most common ways that people unintentionally incriminate themselves or hurt their pending case?
Acacia Law Group Lawyer: The biggest thing - and I've even been guilty of this, myself, when I have been stopped for a traffic offense - it's very difficult not to try to talk your way out of something. Everyone thinks, "If I just talk to the police officer, they'll understand. They'll let me off or give me a break." That's not generally true. It could be, but the general rule is that everything you say can be used against you, and the officer's taking notes from you on everything you say to try to incriminate yourself.
Talking to a Police Officer in the Absence of an Attorney Usually is Detrimental to the Outcome of a Case
The counterpart to that is that the rules of evidence state that it is hearsay if you state it, if the officer were to put positive statements about you. That will not get in, so generally, anything you say that's positive about your situation won't get in unless you personally testify about it, so it's only if it's against you. People often think that by talking to an officer they're helping their cause, when a lot of times I've noticed that I can suppress the evidence here, or they don't have a case - oh, but, unfortunately, they admitted to doing the violation, which basically really dooms the case.
