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The Dangers of Phleboto-Cops - Arizona DUI Laws Attorney Lawyer Phoenix DUI Drunk Driving Defense Extreme Penalties In Scottsdale Arizona DUI Attorney Ed Loss | Arizona DUI Laws | Site Map Home | Free Case Evaluation | About Ed | DUI FAQ's | Attorney Fees | DUI Case Examples Contact Us / Directions | Blood Test Issues | Save Your License! | DUI Publications & Articles | DUI Links The Dangers of Phleboto-Cops Why We All Should Be Frightened About Police "Phlebotomists" If you have been injured by a police officer drawing your blood, photograph, document, & call our office immediately! Many DUI investigations in both Phoenix and Tucson now result with the arresting officer selecting a blood test over a breath test. Up until a few years ago, when officers opted for a blood test, they would transport the DUI suspect to a hospital or other similar type medical facility where trained medical personnel would draw blood in a clinical setting. This procedure has been largely abandoned. Now, DUI suspects, after being told by the investigating officer a blood test will be done, are confronted with a second armed law enforcement officer wielding a needle to draw blood. The officers tell the suspects Arizona law requires them to submit to the draw and that they will suffer consequences if they fail to do so. These needle wielding officers usually claim to be trained phlebotomists. The vast majority of the police officers calling themselves phlebotomists, however, are not graduates of a phlebotomy program and certainly cannot be considered medical personnel. While these officers claim to be "trained" phlebotomists, they will admit upon closer questioning that they merely have a "certificate of completion" in "venipuncture," and not full training in phlebotomy. Pima County Sheriff's Department "phlebotomy" supervisor, Sgt. Theel, in sworn testimony, repeatedly has asserted that his officers are first and foremost police officers obtaining evidence, and not medical personnel. This is important as while these police "phlebotomists" are performing an invasive medical procedure, their first concern is not for the safety of the blood draw subject, but gathering evidence. This is not surprising given Arizona's failure to regulate the drawing of blood. Under Arizona law, anyone can draw blood and Arizona law enforcement agencies have taken full advantage of this this fact. Indeed, most officers claiming qualification to draw blood attended a short one week course which provided a mere two days of actual classroom instruction on the limited skill of venipuncture. After taking the course, unlike true medical personnel, most are never again subject to oversight or evaluation to assure they are maintaining their skills and applying them appropriately. About Lawyer Ed Loss Arizona DUI Frequently Asked Questions Prevent Your DMV License Suspension Selecting the Right Attorney Sample Cases DUI Publications & Articles Free DUI Case Evaluation Contact Ed Loss Name: E-Mail: Phone: Comments: DUI Attorney Fees Field Sobriety Tests Blood Alcohol Calculator Arizona DUI Court Information Phoenix Blood Test Information Breath Testing Information In Scottsdale Arizona Drunk Driving Defense Arizona DUI Laws Extreme DUI Penalties DUI Links DUI Seminars Contact Us / Directions Does this limited training and the complete lack of institutional oversight and control have an affect on the blood draws being performed in the field? It is a fair guess it does. Sworn testimony as well as numerous police reports from Pima County Sheriff's Department DUI investigations have revealed a consistent trail of questionable and in many cases, dangerous blood draws performed by Pima County Sheriff's Deputies. For example, venipunctures are done in the field and are usually done either in the back seat of an unsanitized patrol vehicle, or with the suspect standing at the trunk of the patrol vehicle. Both of these procedures raise serious questions about the reasonableness of the officers' actions. In regards to drawing blood with the suspect standing by the trunk, it must be noted that the officers' training materials indicate venipuncture should never be done with the subject standing. An while there might be some circumstances which mandate breaking this rule, PCSO has selected to routinely disregard the rule. Expert testimony on this very subject in multiple court hearings plainly established the obvious risk of a standing subject swaying or even fainting during the draw. Indeed, true to form, PCSO police reports, indicate that on multiple occasions subjects have indeed swayed, pulling needles from their arms, risking the spilling of potentially contagious blood, contamination of the sample itself, and injury to the blood draw subject. And all of this could easily be avoided simply by transporting to a clinical setting. The PCSO phlebotomy supervisor, who amazingly has no training in drawing blood, despite being aware of the conduct, indicated there were no regulations prohibiting it, and there were no plans to implement any regulations prohibiting it. Chances are, if a suspect's blood is not drawn on the trunk of a police cruiser, it more likely then not was drawn in the back seat of the patrol vehicle. If the draw is true to form, the phlebotomist conducting the draw failed to clean the back seat prior to or after the draw and the officer failed to safely secure the subject's arm, placing him in risk of injury. In regards to either of these "techniques," the important point to remember is the needless risk of injury and harm in these cases could have easily been avoided simply by transporting the subject to a clinical setting. As far as this counsel has been able to determine, the only ascertainable reason deputies are performing the blood draws in the field is for the convenience of the Sheriff's Department. The officers can, and purposefully do not, transport DUI suspects to a clean clinical environment. Instead, solely for law enforcement convenience, agencies have decided to draw blood in the field. And as if the above stated was not egregious enough, police reports and sworn testimony have also shown draws being done: in lunch rooms in disregard to OSHA requirements; next to sewer facilities; in the dirty back rooms of convenience stores; and on the ground in a parking lot with multiple deputies sticking the suspect multiple times while other deputies forcibly pinned the suspect in the gravel. Testimony has even established a deputy stopping an ambulance minutes before it was due to arrive at the hospital for the purpose of drawing blood. Is this reasonable? Is this legal? Shockingly, if not surprisingly, the trial courts have followed the familiar trend of seemingly suspending the constitutional rights of DUI suspects and have placed their stamps of approval upon the officers' actions. Some of these decisions have been appealed and will be reviewed by Arizona appellate courts. Charnesky & Dieglio, Tucson Arizona 85701 Browse Pages By Topic: Page 01 Page 02 Page 03 Page 04 DISCLAIMER: The foregoing is not to be construed as legal advice to or for any specific individual. Always seek the advice of counsel for specific legal problems. Arizona DUI - Home | About Lawyer Ed Loss | Arizona DUI Frequently Asked Questions | Prevent Your DMV License Suspension | Selecting the Right Attorney | Sample Cases | DUI Publications & Articles | Free DUI Case Evaluation | DUI Attorney Fees | Field Sobriety Tests | Blood Alcohol Calculator | Arizona DUI Court Information | Phoenix Blood Test Information | Breath Testing Information In Scottsdale | Arizona Drunk Driving Defense | Arizona DUI Laws | Extreme DUI Penalties | DUI Links | DUI Seminars | Contact Us / Directions | Site Map | DUI Laws DUI Attorney DWI Lawyer | Atlanta DUI Lawyer | Law Firms | Atlanta DUI Attorney | Massachusetts DWI Lawyers | Atlanta DUI Lawyers | Texas DWI Attorney | Chicago Illinois DUI Lawyer | New York DWI Lawyer | DUI Lawyer Georgia | Georgia DUI Lawyer | Georgia DUI Attorney Other Resources: DUI Expungement Lawyers - Clear Your Record | DUI Laws - Drunk Driving Lawyers DWI Laws - Drunk Driving Lawyers | Drunk Driving Defense | DUI Attorneys | Go To Traffic School © 1998 - 2006 Edward A. 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Whats Driving You? - Drinking and DWI Prevention What's Driving You? search What's Driving You? is an interactive, thought-provoking experience for kids, parents, young adults, teachers and prevention professionals who are concerned about drinking and driving. What's Driving You? offers information about alcohol, DUI, drinking and driving, and ways to think about behaviors associated with drinking. Our web site incorporates a proven, successful curriculum offered in the Chicago, IL metro area, through court-mandated alcohol education classes for DUI first offenders. The program, and "What's Driving You?" succeed because Education is the key to prevention. Visit this role-playing exercise and see what our virtual friends do during a night of partying. Peek inside their minds, learn how they think, and why they do what they do (it might even sound familiar). go » The What's Driving You? Resources section is loaded with helpful links, advice , articles and even exercises to help answer your questions about alcohol, drinking and driving. For parents , we offer a special section about teens and drinking and driving issues. go » What does it take to be considered legally intoxicated in your state? Are you familiar with the new Zero Tolerance laws and graduated licensing programs for underage drivers? Here's what you need to know about DUI laws in all 50 states. go » NYTimes.com: Study of Twins Backs Marijuana-Drug Link CBSNews.com: Binge Drinking on the Rise JoinTogether.org: Fewer Teen Involved in Drunk Driving Crashes Road-Testing the Effects of Alcohol: Holiday Sobriety Challenge Check out our Links section for new resources and information! Support What's Driving You? by donating online © 2001. What's Driving You. All rights reserved. contact wdy

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Montana DUI Guide: Car Insurance Everything You Need to Know About First Offender DUI / DWI, Drinking Driving and Drugs Home | State By State Help | DUI Lawyers | Insurance Help | Breath Testers | DUI Videos Other States Montana Topics Montana DUI Montana Car Insurance Montana DUI Lawyers Google Search Results Montana Auto Insurance Since 1993, InsureMe has helped countless consumers save money on their auto insurance. Fast, easy and free. With our free service, enter your information once and you are instantly matched with the most competitive companies in the business. You'll get back up to five quotes so you can compare and save. At InsureMe, we shop your insurance so you don't have to. Your privacy is important to us. At InsureMe, we use the highest level of security available to safeguard your personal information. We hate spam just as much as you do, so we'll never sell or rent your email address for mass marketing. Why not get started today? Get Quote Now Home > State By State Help > Montana DUI > Car Insurance DISCLAIMER : This website provides only general information intended for those charged with drunk driving offenses. The information and news items on the site are for information only. This information is not legal advice, nor is it intended to create any binding advisory relationship. Do not take action based upon this information unless you consult with an attorney or other specialist. © 2005 Drivers Research Institute   All Rights Reserved   Send eMail   Advertise With Us

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Can I choose another? What if there is no member attorney in my area? Will I be charged to speak to a lawyer about my case? How do I know if I can fight my case? How long will it take to settle my case? Will I have to go to court? Will I lose my drivers license? What if its been longer than 10 days since my drunk driving arrest? Can I still file for a DMV hearing? What if I cannot afford to pay the retainer fee for my drunk driving case? I was just arrested for drunk driving. Will my insurance company cancel my auto insurance policy now? How do I apply for a DMV hearing? The court has ordered me to install an ignition interlock system. Where do I get one? I didnt find 1800 DUI LAWS until it was too late, and Ive already pled guilty to DUI. Do you have any resources available to help someone that has been convicted of driving under the influence? Q . What if I dont like the member attorney in my area? Can I choose another? A . Yes. Contact DUI Laws directly at 818-884-8075 so that we may find another attorney to represent you. Our only goal is that you be completely satisfied with the level of representation you receive for a DUI, DWI, OUI, OWI, or related drunk driving charge. :: top :: Q . What if there is no member attorney in my area? A . Call 1 800 DUI LAWS and well immediately find a DUI or DWI attorney in your area. Q . Will I be charged to speak to a lawyer about my case? A . No. Your initial consultation is free, and there is no obligation. Q . How do I know if I can fight my case? A . Click HERE to take the Fight Your Case Quiz. Q . How long will it take to settle my case? A . No two cases are alike, and the length of time it takes to resolve a DUI arrest depends upon many factors. Depending upon whether it is a misdemeanor or a felony, a first offense or multiple offense, whether any enhancements are involved that can escalate the punishment, whether the goals are a negotiated settlement or trial, whether blood or urine samples must be independently retested, all of these factors and many more can impact the length of time needed to resolve a DUI case . :: top :: Q . Will I have to go to court? A . One of the benefits to hiring a DUI lawyer to represent you is that in many states, the lawyer can go to court for you. This means that in many instances, you can go about your normal schedule, and only go to court if the case actually goes to trial. A DUI lawyer should do many things for you, including bring you peace of mind and make your life as normal as possible during a pending DUI or drunk driving case. Don't delay; your rights are at stake, including your ability to drive. 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In America, a fundamental concept in our justice system is that people are innocent until proven guilty. That means that while your case is pending, before there is a DUI conviction, your insurance company should not cancel you. Sometimes, it may become necessary for a lawyer to explain that to an insurance adjuster. If you or someone you care about is facing a criminal charge following a DUI arrest, contact one of our DUI lawyers right away for help. :: top :: Q . How do I apply for a DMV hearing? A . Your DUI Laws attorney can assist in filing the necessary documents to request a DMV hearing. Q . The court has ordered me to install an ignition interlock system. Where do I get one? A . Click HERE to find a local authorized ignition interlock installer. Q . I didnt find 1800 DUI LAWS until it was too late, and Ive already pled guilty to DUI. Do you have any resources available to help someone that has been convicted of driving under the influence? A . Yes, we do. 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Arizona DUI Law: Drunk Driving Defense Attorney Daniel Jaffe duiattorney.com Daniel Jaffe Arizona DUI Attorney Contact Did You Know . . . The Intoxilyzer 5000 breath test machine is not accurate and is open for challenges in court. Just because you failed the test doesn't mean you will lose your case. What People Are Saying This was my second DUI and I was a wreck. The prosecutor wouldn't deal, and you told me we would have to "play for the fumble," or accept the jail term they were offering. I was skeptical about paying your litigation fee, but it was worth it because they did fumble and you were there to jump on the ball. I won't be needing your services again because I learned my lesson, but thanks for making it a lesson that didn't involve jail time or further damage to my record. --JG [ more ] Contact Us Daniel Jaffe 9089 E. Bahia Drive Suite 101 Scottsdale, AZ 85260 480.951.3200 Request a Consultation Contact Us Not in Arizona? Locate an Attorney near you. ©1999 - 2005 Daniel M. Jaffe Disclaimer Home Our Firm Driving The Law Your Case Tips Links Blog Focused On DUI Defense We are one of the few law firms in Arizona that focuses exclusively on DUI Defense. Mr. Jaffe has been retained by all types of professionals, including lawyers, doctors, dentists, accountants, pilots, law enforcement officers, athletes, businesses owners, and regularly receives referrals from other attorneys and from his current and former clients. DEDICATED: Daniel Jaffe is dedicated not only to defending his clients with integrity, honor, skill and diligence, but also to educating the public about the myths and realities of Arizona DUI law and science. He is the author of this website which contains literally thousands of pages of AZ drunk driving law content. FOCUSED: Mr.Jaffe focuses his practice 100% on Arizona DUI defense. That means hedoesn't accept any other type of criminal or civil case.* LOCAL: He accepts only caseswithin Maricopa County (meaning any Superior, Justice or City Courtwithin the boundaries of Maricopa County, including Phoenix, Mesa,Scottsdale, Tempe, Chandler, Glendale, Gilbert, Peoria, and all otherValley Cities), or within a one hour drive of his Scottsdale Office. PERSONAL: He keeps his case load small, and he and his small and friendly staff personally handle all important aspects of every case. SOLUTION: You deserve alaw firm that is fully dedicated to solving the exact problem that youhave, and that focuses on a single geographical area within Arizona. * For former DUI clients accused of another crime, we willmake occasional exceptions as long as it won't interfere with our DUIpractice. If an attorney or law firm claims to focus on or specialize in DUI defense, make sure to ask them point blank if they accept or solicit other types of criminal or civil cases. Daniel Jaffe Law Offices Of Daniel M Jaffe, PLLC 9089 E. Bahia Drive Suite 101 • Scottsdale, AZ 85260 • p:480.951.3200 • f:480.951.3208