Faith Law, PLC Faith Law, PLC 2026-09-30T08:45:21Z https://www.faithlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1503607/2024/09/site-icon-150x150.png by Faith Law, PLC <![CDATA[What makes an extreme DUI different from a regular DUI?]]> https://www.faithlaw.com/?p=52790 2026-09-30T08:45:21Z 2026-09-30T08:45:21Z How does Arizona define extreme DUI? Arizona law sets three distinct BAC thresholds for DUI charges:
  • Standard DUI: BAC of .08 or higher
  • Extreme DUI: BAC of .15 or higher but below .20
  • Super extreme DUI: BAC of .20 or higher
The state created this charge category to address drivers who present a greater risk on the road. Courts treat a higher BAC as evidence of greater impairment. Prosecutors generally pursue extreme DUI cases more aggressively than standard DUI charges.

What penalties apply to extreme DUI convictions?

Extreme DUI convictions carry mandatory minimum jail sentences. Courts cannot fully waive these sentences. The penalties increase based on BAC level and prior offenses. First-offense extreme DUI (BAC 0.15–0.19):
  • Minimum of 30 consecutive days in jail
  • A judge may suspend all but 9 days of the sentence if the defendant installs a certified ignition interlock device for 12 months
  • A minimum $250 fine, a $250 assessment and additional $1,000 assessments also apply
  • The Arizona Department of Transportation requires an ignition interlock device and completion of an approved traffic survival school course
First-offense super extreme DUI (BAC .20 or higher):
  • A minimum 45-day jail term served without interruption
  • Courts may reduce this to 14 days under certain conditions
  • Additional fines, license suspension and ignition interlock device installation are also required
Second extreme DUI offense within 84 months:
  • Minimum of 120 days in jail
  • Courts may reduce this to 60 days under certain conditions
  • Increased fines, a longer license suspension and extended ignition interlock requirements also apply
The financial impact extends beyond court fines. Higher insurance rates and device monitoring fees add significant cost to a conviction.

Can defendants challenge an extreme DUI charge?

Defense options depend on the facts. Breath test devices must be properly maintained and calibrated to produce reliable results. Officers must also follow required procedures during traffic stops and testing. Failures in these procedures may support a challenge to the results. Medical conditions, rising BAC levels and testing errors may affect breath test results. An attorney can assess the stop, equipment maintenance and testing procedures for potential legal issues. An extreme DUI charge carries consequences that extend well beyond the courtroom. Mandatory jail time, device installation costs and long-term financial effects can follow a conviction for years. Knowing the BAC thresholds and what each charge level means under Arizona law gives defendants a clearer picture of what they may be facing.]]> On Behalf of Faith Law, PLC <![CDATA[How to determine fault in an Arizona parking lot accident]]> https://www.faithlaw.com/?p=52753 2026-09-23T17:10:22Z 2026-09-23T17:10:22Z Right-of-way rules in parking lots Vehicles driving in the main lanes of a parking lot usually possess the right of way. For instance, if a driver reversing out of a space strikes a vehicle in the lane, the law often places fault on the exiting driver. Additionally, the reasonable duty of care that a driver is expected to show on public roads extends to private parking lots as well. For instance, a driver who speeds or ignores stop signs on private property may share fault or liability for a crash under Arizona comparative negligence rules.

Applying comparative negligence standards

Arizona state sticks to a pure comparative negligence standard and allows multiple parties to share fault or liability for an accident based on their actions. Under state law, a judge or a jury may assign a percentage of fault to each driver involved. This means that you may still pursue compensation if you were partially to blame for the incident. However, your recovery may be reduced in direct proportion to your assigned percentage of fault.

Key evidence for determining fault

Proving a breach of the duty of care and establishing driver fault in a parking lot often depends on the quality of evidence gathered right after the accident occurs. Because these lots are privately owned, police may not always issue a ticket, making outside evidence key:
  • Photos of vehicle positions
  • Surveillance footage from businesses
  • Statements from neutral witnesses
  • Pictures of property damage
  • Police reports if available
These records help recreate the scene and show which driver failed to follow safety rules. Detailed records serve as the base for any later insurance claim or legal action.

How a legal guide may help

Handling these negligence claims requires a deep review of the facts surrounding the impact. An attorney experienced in Arizona laws can provide the help needed to handle insurance disputes. They can also help show your options for recovering losses after a crash.]]> by Faith Law, PLC <![CDATA[What are the penalties for drug transportation in Arizona?]]> https://www.faithlaw.com/?p=52751 2026-09-17T07:53:06Z 2026-09-17T07:53:06Z How does Arizona classify drug transportation offenses? Three separate statutes govern these charges: Transportation of narcotic or dangerous drugs is generally a Class 2 felony in Arizona, the state's second-most serious felony level. When the amount reaches the legal threshold, Arizona law generally requires a prison sentence. Probation or other alternatives to prison may not be available.

What prison sentences and fines can apply?

A Class 2 felony conviction can result in significant prison time. The sentence depends on the type and amount of drug involved, any factors that may increase or reduce the sentence and the defendant's criminal history. Prior felony convictions may also increase the sentencing range. A conviction may also lead to:
  • Substantial court-imposed fines
  • Forfeiture of property linked to the alleged offense
  • Employment and housing limits tied to a felony record
  • Loss of professional licenses or eligibility for certain licensed jobs
For offenses involving threshold amounts or dangerous or narcotic drugs, probation is generally not available under Arizona law.

What defenses may be available?

The facts of the traffic stop, search, seizure and the defendant's knowledge of the substance can affect how the case is evaluated. A defense strategy may focus on whether:
  • The defendant knowingly transported the controlled substance
  • Law enforcement made a lawful stop, search or seizure
  • The prosecution can prove each required element of the offense
  • Law enforcement properly obtained and preserved the evidence
These issues may help determine which defenses apply and whether certain evidence can be challenged in court.

What to consider after a drug transportation charge in Arizona

Arizona drug transportation charges can lead to prison time and a felony record. The penalties depend on the type and amount of drug involved. They also depend on the felony class and the law that applies. Reviewing the charge with a criminal defense attorney early can help clarify the possible penalties and identify any defenses that may apply.  ]]> On Behalf of Faith Law, PLC <![CDATA[5 life events that may require updating your Arizona estate plan]]> https://www.faithlaw.com/?p=52750 2026-09-04T23:17:00Z 2026-09-04T23:17:00Z Marriage or remarriage can change how asset are handled Marriage can change how property acquired during the marriage is classified and may affect how you want assets distributed at death. Old beneficiary designations on retirement accounts and life insurance may conflict with your current goals. Update your will, trust and all account designations. Retirement accounts and life insurance policies pass outside the will and need separate changes.

Divorce requires immediate plan revisions

Arizona law generally revokes certain revocable estate planning provisions favoring a former spouse after divorce. Retirement plan beneficiary designations on employer-sponsored retirement accounts, which are governed by federal law. A former spouse may still receive those assets if the designation is not changed. Updating every account designation – not just your will – is an important part of an estate-plan review.

Birth or adoption adds new heirs

Having or adopting a child creates immediate estate planning needs. Naming a guardian in your will and establishing a trust to hold assets until adulthood are among the most important steps you can take. Without clear instructions, a court may need to appoint a guardian for your child. Separate arrangements may also be needed to manage property or other assets inherited by a minor.

Death of a named decision-maker may require a replacement

If your designated executor, trustee or healthcare agent dies before you, your plan may be left without a key decision-maker. State law decides who serves next. Courts may appoint someone unfamiliar with your values or financial goals. Naming backup decision-makers can reduce the risk of delays or complications if your first-choice representative cannot serve.

Major wealth changes may require tax planning updates

Acquiring significant real estate, selling a business or receiving a large inheritance can substantially increase the total value of your estate. For estates approaching or exceeding the federal estate tax basic exclusion amount, significant changes in wealth may warrant a review of the plan’s tax provisions. For 2026, the federal basic exclusion amount is $15 million.

Review your estate plan after major life changes

Your estate plan is only as current as the last time you reviewed it. Each of the life events covered here can create gaps between what your documents say and what you actually want. An attorney can review your documents and help identify changes that may better reflect your current wishes and family circumstances.]]> by Faith Law, PLC <![CDATA[What if the alleged victim was the aggressor in an assault case?]]> https://www.faithlaw.com/?p=52745 2026-08-27T18:34:39Z 2026-08-27T18:34:39Z When the alleged victim’s conduct can support a self-defense claim Arizona law may allow physical force when a person reasonably believes it is immediately necessary to protect against unlawful physical force. A person who starts a physical confrontation generally loses the right to claim self-defense unless the person withdraws, makes that withdrawal clear and only then uses force. A heated verbal dispute, by itself, does not prevent a self-defense claim. The response must fit the threat and excessive force can weaken a self-defense claim. Key facts may include:
  • Whether the alleged victim started the physical confrontation
  • Whether threats or unlawful force created an immediate danger
  • Whether the response matched the threat
  • Whether witnesses, video or 911 records support the account
  • Whether injuries or other evidence show what happened
The first person to call police or suffer visible injuries is not always the aggressor. The full sequence of events may show whether self-defense applies.

Evidence that may show who the aggressor was

The first police account may not show the full incident. Officers often arrive after the fight and rely on statements and visible injuries. Other evidence may show who started the fight and how it developed. Key evidence may include:
  • 911 records: These calls may capture threats or statements made during the incident.
  • Video: Security footage and cellphone videos may show who started the physical fight.
  • Witnesses: Independent witnesses may offer a separate account of what happened.
  • Medical records: These documents may show the type, location and timing of injuries.
  • Messages: Earlier texts or threats may provide useful details about the events.
  • Photos and physical evidence: These items may support or challenge statements given to police.
Different accounts can affect an Arizona self-defense case. A later change in testimony does not erase an earlier statement. Defensive injuries may also add context. Scratches and bruises can support an account of resisting an attack, while their timing and location may help show how the fight unfolded.

When the alleged victim's role may affect the defense

Self-defense claims in Arizona assault cases often depend on facts missing from the first police report. Witness statements, messages and medical records may support a version of events that differs significantly from what officers initially recorded. Evidence that the alleged victim started the fight may also strengthen the claim. A criminal defense attorney can review these facts and explain the available defenses.  ]]> On Behalf of Faith Law, PLC <![CDATA[Challenging a will in Arizona probate]]> https://www.faithlaw.com/?p=52744 2026-08-21T20:04:13Z 2026-08-21T20:04:13Z Lack of testamentary capacity To execute a legally binding will in Arizona, a person must be at least 18 years old and of sound mind. A capacity challenge asserts that at the precise moment the will was signed, the testator lacked the mental ability necessary to understand the transaction. Arizona case law requires showing that the testator failed to understand:
  • The nature and extent of their property and estate assets
  • The natural objects of their bounty, meaning their immediate family members or likely heirs
  • The overall legal effect of the document being executed
A diagnosis of dementia, Alzheimer's disease, or cognitive decline does not automatically invalidate a will. The legal inquiry focuses on whether the individual experienced a lucid interval at the time of execution. Medical records, physician testimony, and statements from the drafting attorney are all relevant evidence in these disputes.

Undue influence under Arizona law

Undue influence occurs when a third party exerts pressure that overrides the testator's free will and substitutes the influencer's desires for those of the decedent. The contestant bears the initial burden of proving undue influence. Arizona courts have recognized that a presumption of undue influence may arise when a contestant demonstrates four factors drawn from case law:
  • A confidential relationship, such as serving as a power of attorney, caregiver, or financial advisor
  • Active participation in procuring, drafting, or arranging the execution of the will
  • A substantial or disproportionate benefit received under the disputed will
  • A weakened physical or mental condition that rendered the testator vulnerable to manipulation
Once sufficient evidence of these factors is presented, the burden shifts to the will's proponent to show it was executed freely and voluntarily.

Procedural deadlines for contesting a will

Timing matters in Arizona will contests. For informally probated estates, interested parties generally have four months from receiving formal notice of probate to file a petition. For formal proceedings, objections must be filed before the court hearing designated to approve the will. Missing these deadlines can bar an otherwise valid challenge.

Getting guidance early

Will contests involve complex evidentiary standards and formal probate litigation under tight deadlines. If you believe a will was executed without proper capacity or under undue influence, a probate litigation attorney in Arizona can help you evaluate your grounds and act within the required timeframes.  ]]> On Behalf of Faith Law, PLC <![CDATA[Is 2 seconds really a safe following distance?]]> https://www.faithlaw.com/?p=52740 2026-08-12T14:45:03Z 2026-08-12T14:45:03Z While two seconds is certainly a safer following distance than directly tailgating, just a second or less behind the next vehicle, it is not necessarily far enough. It is somewhat of an outdated rule of thumb, and modern drivers are actually encouraged to leave at least three seconds between vehicles. Maintaining this type of following distance is simple. Drivers should just periodically count off three seconds after the vehicle ahead of them passes a stationary point. The exact physical distance that is needed will depend on the speed the vehicles are traveling at the time, so it is going to be different on a city street than it would be on the interstate. But as long as drivers are consistently paying attention, they can avoid tailgating.

Why is three seconds needed?

The biggest issue that law enforcement notes is that there is roughly a 1.5-second delay for the rear driver to hit the brakes. That is why two seconds is just cutting the margins a bit too thin, whereas three seconds gives people more time to react. This 1.5-second delay can be divided into two significant parts. First of all, the driver has to see the vehicle ahead of them start slowing down and realize that they need to brake in return. It is just inherently true that they cannot brake at the exact same moment as the driver ahead of them. It takes time. Next, that driver still has to push the brake pedal down. This may require them to move their foot from the gas to the brake. While this does seem to happen almost instantly, it really takes another 0.75 seconds.

Have you been involved in a rear-end accident?

Unfortunately, many people accidentally tailgate and fail to maintain a safe following distance. If you have been involved in an accident that one of these drivers caused, take the time to carefully consider all of your legal options to seek financial compensation.  ]]> On Behalf of Faith Law, PLC <![CDATA[What can slow down the probate process?]]> https://www.faithlaw.com/?p=52737 2026-08-05T14:19:35Z 2026-08-08T06:00:10Z Obstacles that can extend estate administration A straightforward probate may take eight to 12 months, although each estate follows its own timeline. Several issues can interrupt this sequence. Common causes include:
  • Will contests: A relative may challenge the will’s validity. The dispute can lead to a formal court proceeding with notice and a hearing. Added litigation may extend the schedule.
  • Missing or uncooperative heirs: The personal representative may need to identify and locate heirs or beneficiaries. An outdated address or family conflict can delay notice and distribution.
  • Complex assets: Property in another state may require a separate probate proceeding there. A private business or unusual collection often needs an expert appraisal. Each task adds time.
  • Creditor deadlines: The personal representative generally cannot complete the estate until creditors have had time to submit claims and valid debts have been resolved. In Arizona, published notice gives creditors four months to act. Known creditors have until that deadline or 60 days after direct notice, whichever ends later.
  • Incomplete records: Missing tax returns, bank statements or deeds can leave key facts unclear. The representative must confirm ownership, debts and values. Without those details, the estate cannot safely pay claims or distribute property.
These barriers may overlap, increasing administrative work and the chance of litigation.

Why unnecessary delays matter

A longer case can postpone inheritances and raise expenses. It may also increase tension among relatives. Clear records and timely communication often keep manageable concerns from becoming larger disputes. Some problems still require knowledge of court rules or fiduciary duties. Legal guidance may assist with complex filings, creditor claims and contested matters. An attorney can also explain how to protect estate property while completing each required task.]]> by Faith Law, PLC <![CDATA[What should you do immediately after an arrest in Arizona?]]> https://www.faithlaw.com/?p=52739 2026-08-06T08:20:18Z 2026-08-06T08:20:18Z Exercise your right to remain silent and avoid discussing the case An arrest can be frightening, but staying calm can help protect important legal rights. Avoid arguing with law enforcement or trying to explain the situation. Remaining respectful and following lawful instructions may help prevent additional problems. The right to remain silent protects individuals during police questioning. Clearly stating that legal counsel is requested before answering questions can help protect that right. Anything said to law enforcement may later be used as evidence. A few important reminders after an arrest include:
  • Staying calm and avoiding arguing with law enforcement
  • Clearly invoking the right to remain silent before answering questions
  • Avoiding any discussions about the alleged offense until an attorney is present
You should continue to keep quiet about the case after the arrest. Conversations with friends, family members or cellmates are generally not protected. Posts or comments on social media may also become evidence. Keeping the details of the case private until speaking with an attorney can help protect legal interests as the case moves forward.

Follow law enforcement instructions and request legal representation

Following lawful instructions during an arrest in Arizona can help avoid additional charges. An individual may provide basic details but should not discuss the alleged offense. Requesting an attorney and remaining silent during questioning helps protect important rights. The Fifth Amendment protects individuals from self-incrimination and establishes safeguards that apply during police questioning. After booking, the court reviews the charges, explains legal rights and decides release conditions such as bail during the initial appearance. Early legal representation can help protect those rights as the case moves forward.

Taking the right steps can help protect your future

Every criminal case is different and depends on the charges, evidence and circumstances involved. Knowing the legal process, important deadlines and available options early can help protect rights and avoid mistakes that may affect the outcome. An experienced criminal defense attorney can review the case, explain the next steps and provide support during a difficult time.]]> On Behalf of Faith Law, PLC <![CDATA[The do’s and don’ts of social media during your injury claim]]> https://www.faithlaw.com/?p=52733 2026-07-28T11:41:58Z 2026-08-05T11:38:04Z Understanding the risks of social media posts What you share online can help or hurt your injury claim. Insurance companies may misinterpret innocent posts or take them out of context. For example, a photo of you smiling at a family gathering may lead someone to question how serious your injuries are, even if you were in pain when the picture was taken. Defense teams often review Facebook, Instagram, X, LinkedIn and other platforms for information they can use against you. They may rely on comments, check-ins, photos or posts from friends to challenge your claim.

Best practices for protecting your case

Review your privacy settings to limit who can view your posts. However, do not assume those settings will keep your information private. Friends can take screenshots, and other parties may obtain some information through the legal process. Limit your social media use while your claim is pending. If you continue using social media, avoid discussing your accident, injuries, medical treatment or legal matters. Do not post about your physical activities, travel or daily routine. Even a harmless update could lead to questions about your injuries. Do not accept friend requests from people you do not know. Insurance investigators sometimes create fake profiles to view private information. You should also ask friends and family to avoid tagging you in photos or posts without your permission.

Common mistakes that could jeopardize your case

Many people delete old posts after filing a claim. Courts may treat that action as destroying evidence, which could create serious legal problems. Instead, avoid posting anything new that could create problems for your claim. Another common mistake is believing deleted posts disappear forever. Social media companies often keep records, and parties may retrieve that information through legal channels. Publicly discussing a settlement or sharing details about your legal matter may also hurt your claim.

Protecting your interests online

During an injury claim, it is important to be extra careful when you use the internet. Understanding the risks and following these guidelines can help you avoid mistakes that could weaken your claim. Think carefully before you post anything online. Being careful about what you share can help you protect your claim and reduce the risk of avoidable setbacks.]]>