DUI – Page 9 – Arizona Bike Law

Bicyclist killed in Prescott after being struck by truck

[Update: PLEA DEAL March 5, 2016 Driver takes plea in fatal Prescott bike crash “The plea agreement noted that probation of up to seven years is available” The possibility of (only) probation for manslaughter indicates the deal must stipulate that the manslaughter will be sentenced as a “non-dangerous” crime. ]

SENTENCE: Yavapai County Superior Court CR-201501124; case minute from 4/4/2016 contains the sentence (Yavapai minutes are available via AZ Supreme Case lookup, but apparently not linkable); if i am reading it correctly, it’s 3 years incarceration in prison for the non-dangerous manslaughter. The DUI resulted in effectively no punishment (it’s concurrent; I suppose this is normal). ]

[Update: Man charged in deadly January truck vs. bicycle crash “Toby Beaty, 37, of Prescott, was arrested Sunday, Oct. 18 2015 and charged with manslaughter and two counts of misdemeanor DUI …” No word on why this took so long.]

Victim Amber “Cricket” Harrington, 23/F. 1/16/2015 ~ 5pm Location: southbound White Spar Road, unspecified location; but presumably within city of Prescott. Continue reading “Bicyclist killed in Prescott after being struck by truck”

Today’s car-crime wrapup

remember, these are only the most-sensational ones; there were undoubtedly dozens of hit and runs, and various other assorted DUIs, serious injuries, and deaths.

In Avondale (Phoenix metro area, “west valley”)

Police: Meth fueled high-speed chase with children in car / A routine traffic stop in the West Valley took a violent turn on Wednesday night after police said a man shoved a woman out of a car and led officers on a high-speed chase down 75th Avenue with the woman’s children in the car, according to court records. Avondale police initially tried to stop the car 35-year-old Stewart Galligan…

Meanwhile in Scottsdale

Video shows suspect ramming Scottsdale police / The driver of an SUV whom police shot Thursday in a Safeway parking lot near Hayden and Chaparral roads twice tried to ram his way out of a trap, based on surveillance video released Friday by the Scottsdale Police Department…. The surveillance video shows at least a half-dozen police vehicles converging on the SUV. Officers exit their vehicles and quickly approach the SUV, which the driver puts in reverse and slams into a police vehicle. Several seconds pass before the SUV pulls forward slightly. The driver then puts the SUV in reverse, and again rams a police vehicle…

Wrong Way driver from May freeway fatalities pleads not guilty

Wrong-way driver Patricia Murphy who caused crash with two fatalities on loop 202 in May 18, 2014 has plead not guilty to all charges including two counts of 2nd degree murder. Police say in June that Murphy “had a blood-alcohol content of 0.18, more than twice the legal limit. A urine test showed Murphy also tested positive for opiates and benzodiazepine” Continue reading “Wrong Way driver from May freeway fatalities pleads not guilty”

Semi driver charged in I-17 fatality

mercedesSuvI17 — wreckage of Mercedes SUV (Photo: David Wallace/The Republic)

[Update: Sentencing here]

11/19/2014: 1 fatality (possibly a second, later) and several injuries when semi driver Brian Knoll drove into a line of stopped traffic on I-17 near Bell Road. He’s been charged with manslaughter, aggravated assault and endangerment; and entered a plea of not guilty to all charges on 12/3. Continue reading “Semi driver charged in I-17 fatality”

Cyclist dead in Ahwatukee car wreck

[UPDATE; criminal case driver sentenced to 6.5 years prison, see below]

[There have been a couple recent items of interest documented at ourhtn.com, on Nov 29 there was a MV crash at intersection, and on Dec 1 a mobile speed trailer was set up] Continue reading “Cyclist dead in Ahwatukee car wreck”

Another MM decision; MM card is no defense to DUI

About two weeks after MEDICAL MARIJUANA NO DEFENSE TO DUI CHARGE, another Arizona Court of Appeals Div 1 decision came down that is related to and as expected consistent with their earlier opinion. Please visit that link for more info and scroll down to “Another Court of Appeals Case 11/4/2014”.

Chandler officers killed in separate wrecks

The Chandler police force is reeling from the deaths of two officers only three days apart in unrelated traffic collisions…

(on-duty) City of Chandler Police “Officer David Payne, 37, was sitting on his police motorcycle at a red light at about 12:40 a.m. 10/31/2014 Friday when a car rear-ended him at the intersection of Chandler Boulevard and Pennington Drive.” Causing his death. “Police arrested Tempe resident Brian Yazzie, 31, on suspicion of manslaughter and hit-and-run for his role in the collision”. Oh yeah, plus his license was suspended in (and, presumably, since) 2010. — azcentral

Continue reading “Chandler officers killed in separate wrecks”

Medical marijuana no defense to DUI charge

Quick reference to Marijuana / DUI cases

Supreme Court Harris decision filed 4/22/2014 — (A)(3) charges must be based on an impairing chemical, and not just an inactive metabolite; this was a reversal. This was not a medical marijuana case. More Here.
Court of Appeals Darrah decision filed 10/21/2014, see below. Authorized use of marijuana does not preclude (A)(3) charge.
Court of Appeals Dobson and Anderson decision filed 11/4/2014, see below. Additionally, the §28-1381D. immunity for prescription drugs does not include marijuana.
Arizona Supreme Court, Dobson and Anderson filed 11/20/2015, see below

Continue reading “Medical marijuana no defense to DUI charge”

Wrong-way freeway driver drama continues

Latest incident early morning hours of Friday Oct 17, 2014 when an un-named female 25 year old was suspected of being impaired, driving the wrong way on I-10 from 143 to downtown Phoenix, and causing 4 serious-to-critical injuries. Authorities are doing a very good job of protecting suspects’ identities, for some reason. Continue reading “Wrong-way freeway driver drama continues”

Tucson hit-and-run driver kills cyclist; woman arrested

[Update 4/8/2016: the update is there is absolutely no update on the suspect; it’s been over a year and half. Besides the hit and run, FARS has her at .12 BAC]

9/25/2014 12:23am. Hit run. Driver arrested, suspect intoxication. Suspect Nichole Jacinto. Victim 58 y.o. James Frankiewicz. Another news reports says was struck from behind in bike lane. The area appears to have a striped shoulder; it even goes on to be to the right of a RTO lane at Grant.

Location: southbound on Oracle Rd near Jacinto St. (yes, that is a coincidence; the suspect’s name is also Jacinto).

The most-detailed reporting is at bicycletucson.com

Continue reading “Tucson hit-and-run driver kills cyclist; woman arrested”

Fatal Tempe Ped hit-and-run; Driver arrested

Friday 9/12/2014 ~ 9pm near McClintock and Apache, Tempe.

Victim was crossing mid-block; Jon Alguire. 29 y.o. suspect Justin Michael Gordecki booked on susp of hit-run, DUI and “False reporting to police” (hmmm?).

Criminal case CR2014144645; so far headed to trial 7/8/2015. It seems plain he is not going to be charged with the victim’s death (mid-block crossing), just a “simple” hit-and-run, along with probably a dui. Not sure what the holdup could be.

There was an additional unrelated ped-MV crash the same night in Tempe at Priest and University with “life-threatening” injury.

eastvalleytribune.com

Car-scooter crash in Mesa leaves 1 dead

Aug 2, 2014 ~ 7:30AM The driver of a car was speeding and possibly impaired when she failed to stop at t red light, rear-ending a stopped motor scooter driver, killing him. The delay in the arrest was apparently due to the driver’s hospitalization. Julie Ann Gutierrez was arrested 8/19 on suspicion of manslaughter; and MSCO is awaiting blood test results that could bump up the charge to 2nd degree murder.

Statistical note: motor scooters (and mopeds, and motorized bicycles) are categorized as motorcycles. Continue reading “Car-scooter crash in Mesa leaves 1 dead”

MCSO: Man arrested in fatal East Valley hit-and-run

26000975_BG1 — defendant Derek Tinsley faces felony charge

According to the azfamily/3 video report (sigh, that link is dead; the newpaper story is below) witnesses saw a company pickup vehicle being driven erratically along Apache Trail near 80th St in Mesa, swerving across 3 lanes of traffic, killing a bicyclist riding at the side of the road. Witnesses provided a license plate number for the fleeing vehicle, and police have arrested Derek Tinsley. Continue reading “MCSO: Man arrested in fatal East Valley hit-and-run”

Tucson police: Driver who killed bicyclist was high

Wed June 18,2014 (i think, the news story ran Thursday) ~ 6a. Victim: Kris Lee Chambers, 38. Suspect: Gerardo Luna Cazares, 25. Speedway just west of N Main, Tucson. Both westbound (rear-end); there is a bike lane in this area; in other words, it wasn’t as though it was a misjudgment of passing room. Continue reading “Tucson police: Driver who killed bicyclist was high”

Woman with DUI history arrested in Mesa fatal collision

Oh yeah, this one:

A woman accused of driving her SUV about 90 mph before colliding with a car stopped at a red light in east Mesa, killing both occupants, was arrested on Monday. Mesa police booked Ingrid I. Morataya, 35, on suspicion of manslaughter and other charges after she was discharged from a Valley hospital…. The driver and the passenger in the car struck by Morataya’s Toyota FJ Cruiser — Guadalupe Madril, 37, and Jason Aguilera, 33 — died instantly of massive injuries from the violent collision, according to court records… azcentral.com Continue reading “Woman with DUI history arrested in Mesa fatal collision”