Articles Posted in Actual Physical Control

Arizona law recognizes driving under the influence (DUI) as a violent crime, and violations of the law may result in hefty penalties and incarceration. For example, recently, a court issued an opinion stemming from an Arizona defendant’s appeal of his DUI conviction. The case arose after police responded to a welfare check of the defendant…

Everyone knows that drunk driving is against the law. However, the elements of a DUI offense are not always straightforward. One of the most misunderstood elements of an Arizona drunk driving offense is the requirement that the prosecution proves a defendant was in “actual physical control” of the vehicle. A recent state appellate decision discusses…

One of the elements that the prosecution must prove in an Arizona DUI charge is that the driver was in actual physical control of a vehicle. If the prosecution cannot establish this fact, then the defendant must be found not guilty. However, courts define “actual physical control” quite broadly, as illustrated in a recent appellate…

Before someone can be found guilty of a crime, the prosecution must prove each element of the offense beyond a reasonable doubt. When it comes to Arizona DUI charges, the prosecution must show not only that the driver was intoxicated, but also that they were in “actual physical control” of the vehicle. This is commonly…

Arizona police and lawmakers take the issue of driving under the influence (DUI) very seriously. Indeed, according to a recent news source, Arizona Police claim that there were nearly 27,000 Arizona DUI arrests in 2018. That figure has remained relatively constant over the past several years, ever since police stepped up enforcement of DUIs, especially…

Recently, a state appellate court issued an opinion in an Arizona DUI case requiring the court to determine if the evidence presented by the prosecution was sufficient to convict the defendant. Specifically, the defendant challenged the finding that she was operating the vehicle. Ultimately, the court upheld the defendant’s conviction, finding that the fact that…

In Arizona, lawmakers take driving under the influence very seriously. So seriously, in fact, that the law as it is written allows for a defendant to be found guilty of driving under the influence in some situations when the car is parked in a legal parking spot. It can even be illegal for an intoxicated…

DUI laws can be complicated. In the state of Arizona and the city of Phoenix, there are plenty of considerations when it comes to drunk driving charges and arrest. What’s more, actual physical control (APC) debates complicate DUI charges. These APC disputes could lead to people getting charged with drunk driving when when a vehicle…

Drunk driving charges can change your life and potentially even your livelihood. That’s why it’s important to speak with a Phoenix drunk driving defense attorney about your case. Legal help following a DUI arrest can help you keep your life on the right track without detours. Yet DUI cases can become complicated, particularly when laws…