Coshise County attorney did come through with a criminal speeding charge on August 3rd; which Mosely either ignored or was unaware of (hmm, unaware). He eventually surrendered, plead not guilty, and was immediately released, with a trial scheduled for October 18. Well, at least he won’t be special much longer, as… Continue reading Arrest Warrant issued for speeding lawmaker Mosely
Lake Havasu City Republican state representative Paul Mosley… Not much to say about this knucklehead except that there is nothing to stop the County Attorney from charging him with at least criminal speeding (La Paz referred it to Cochise).
§28-701.02. Excessive speeds; classification
A. A person shall not… Exceed eighty-five miles per hour in other locations.
B. A person who violates subsection A of this section is guilty of a class 3 misdemeanor.
Incident Feb 4, 2018 left an off-duty Tempe fire captain Kyle Brayer dead.
The defendant, Hezron Parks, has plead not guilty to a variety of charges: 3X aggravated assault, 7X endangerment, and leaving the scene, and some others. Murder charges, if any, have yet to be brought — “The defendant stated that he felt threatened and justified in grabbing his unholstered handgun” Continue reading Road Rage, late-night bar-hopping, and guns
[ For where and how traffic laws in Arizona apply to bicyclists, see this article ]
The rules of the road (ROR) apply to motorists when an a road; but what about when driving in a parking lot? A private street? etc?
What are usually referred to as the ROR, like stopping, right-of-way, signals, etc, are contained in Arizona Revised Statutes, Title 28, Chapters 3. (Chapter 4 is impaired driving and is treated specifically below). Here is the key statute, along with the key definition, emphasis added in italics: Continue reading Where do traffic laws apply?
Short answer: cyclists who also own automobiles should strongly consider buying additional UM/UIM coverage; this will cover you if you become involved in a crash caused by a motorist and they can’t pay, or reach their policy limits. Continue reading A Quick Review of Important Auto Insurance Coverage For Cyclists
Out for a Saturday morning group ride on Hardy Drive in Tempe July 2, 2016, cyclists had some sort of negative encounter with a motorist. Traffic would be light at 9AM on a Saturday morning in the dead of summer, except for the group of estimated 50 bicyclists (dispersed, not one group) and that motorist. The street here is very narrow, is traffic-calmed with ped islands and speed tables installed in a 2014/15 streetscape project, and has a speed limit of 30mph. Continue reading This happened one day in Tempe
[ UPDATE 2018. (does this sound familiar?)
A new year, a new session. This year, like every year, some Arizona Republican legislators were busy a work on their top priority — to finally rid Arizona of photo red enforcement once and for all. News Story. HB2208 53rd2R. Opinion piece from EVTrib: Time again to discuss a traffic camera ban, and why it’s a dumb move ]
A new year, a new session. This year, like every year, some Arizona Republican legislators were busy a work on their top priority — to finally rid Arizona of photo red enforcement once and for all. News Story.
Last year, they banned it from the “State highway system” It had been in use in exactly two places, on ‘city’/’town’ streets, not freeways. Many years ago it was expelled from freeways. Continue reading AZ Legislators busy on photo-enforcement again
After years of wrangling and haggling over the meaning of “A person shall maintain each license plate so it is clearly legible”. Any and all coverings, including wax according to one wag, are now banned. SB1073 has passed and was signed by the governor; the effective date is something like 90 days after the session closes; perhaps August(?). Here’s the new section: Continue reading No more covering your license plate
Sentencing Reference Material
Criminal Code Sentencing Provisions; currently 2017-2018
If that link goes dead, there’s a landing page at azcourts.gov for the sentencing material.
Sentencing is fairly intricate; With felony crimes the primary determinant being whether or not the crime is sentenced as “dangerous” vs. “non-dangerous”; this apparently is determined on a case-by-case basis; and non-dangerous crimes are all probation-eligible (meaning can be no prison time; even for serious offenses)
References; here are the general rules, there are many other sub-categories with special rules for offenses e.g. involving children, or drugs:
- §13-707 misdemeanor jail sentence
- §13-802 misdemeanor fines
- §13-702 felony prison / non-dangerous offenses (all probationable) / non-repetitive
- §13-704 felony prison / dangerous offenses (not probationable) / first offenders
- §13-801 & §13-803 felony fines
Also note that, unlike a civil judgement, criminal restitution is not dischargeable through bankruptcy.
Arizona’s “Truth in Sentencing” Law
I feel like I’ve looked this up before…
Arizona passed a major overhaul to the state’s sentencing code (Senate Bill 1049, Chapter 255, 1993 laws) in the 1993 legislative session. Annoyingly, the online lookup azleg.gov doesn’t go back before 1997, so at the moment I don’t have access to the bill itself. (need to look it up thru library). Continue reading Arizona’s “Truth in Sentencing” Law
With the prevalence of dash cams, go pros, and smart phones, these sorts of videos have become more and more common, e.g. here’s another one from Oregon in 2015, Police credit cyclist’s video in careless driving citation: Continue reading ‘In the presence’ Requirement?