Criminal Law

REVENGE PORN

Recently, Arizona passed a law, referred to as “revenge porn” making it unlawful to intentionally disclose the image of a person (who can be identified) shown in the nude or engaged in specific sexual activity when that person has a reasonable expectation of privacy. A.R.S. §13-1425 is the citation for the Arizona statute known as the “revenge porn” law. The “reasonable expectation of privacy” provision means that someone can send a boyfriend or a girlfriend a nude “selfie” or video and have a reasonable expectation that the image will be kept private and not shared with the entire world.  Texting or emailing an image to a friend does not waive the depicted person’s reasonable expectation of privacy for that image. And the law also states it is unlawful to disclose the image with the intent to harm, harass, intimidate, threaten or coerce the depicted person.

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Driving Impaired in Arizona

 
Did you know that Arizona has some of the strictest DUI laws? Getting a DUI in Arizona can have major consequences, and being in the military can make matters even worse. Here is what you should know if you are convicted of driving under the influence in Arizona.

State Law

Under A.R.S. 28-1381, it is illegal to drive or be in actual physical control of a vehicle if you are impaired by any “intoxicating liquor, any drug, [or] a vapor releasing substance containing a toxic substance.” You cannot have a blood alcohol content of .08 or more within two hours of driving.  

It is possible to get a DUI even if the engine isn’t on in the car. This is because the law states that just being in actual physical control of a vehicle while you are impaired is illegal. Several factors are assessed when it comes to determining if a person was in actual physical control of a vehicle. A few of these factors are: where the vehicle is located, whether or not the person was sitting in the driver seat, and where the keys were located.

It is also important to remember that if a person is below .08 but over .05, other evidence can be looked at to determine whether or not that person is guilty or innocent. (A.R.S. 28-1381 (G) 2)) This is because the law states that you can be convicted of DUI if you are impaired to the slightest degree. (A.R.S. 28-1381(a)(1)) There are many factors that can affect how alcohol is metabolized in a person's body. A person’s weight, body fat percentage, and how much food he or she has eaten prior to consuming alcohol are a few important factors. A person who weighs 160 pounds can consume no more than 2 alcoholic beverages without being impaired. It is important to remember that the number of beverages is approximate and does not take into account the amount of food eaten, a person’s body fat, medications taken, or any other contributing factors. It is possible to have a blood alcohol concentration of .05 or more with less to drink. For a person that weighs 100-160 pounds, the difference between .05 and .08 is one additional drink. (http://dui.drivinglaws.org/drink-table.php)

Expunging or sealing records

Re-entering one’s community after the completion of a prison sentence is very challenging. Success can be difficult for many reasons. This article addresses one of the steps a person with a felony conviction might take towards overcoming barriers to successful community re-entry. The article provides information about setting aside both felony and misdemeanor convictions, restoring civil rights and restoring gun rights, based on Arizona law.

The outcome of any case depends on the unique facts in that case, the laws at the time of conviction, new laws that may apply, and the individual decision-making of the parties involved including the defendant, attorneys, victims, the Court, and any other interested persons. Since the outcome of a case depends on many different things, this article is intended as information only. It is not legal advice. An attorney can provide additional information and legal advice. Therefore, questions about an individual situation should be discussed with an attorney.

How does Arizona view expungement and setting aside convictions?

In Arizona, expungement has the same meaning as setting aside. Setting aside the conviction does not wipe out the conviction. The record of conviction is not destroyed. For the protection of the public, a conviction may be used to deny certain kinds of employment, licenses, permits, certificates as well as used against a person in future criminal cases, even though the conviction was set aside or expunged.

In Arizona, after a conviction is set aside, does a person have to disclose the expunged conviction on a job application or in a job interview?

A person whose conviction has been set aside or expunged must disclose the conviction if the employment application asks whether the person has a prior conviction. An applicant must report previous conviction of an offense, if asked about prior convictions during a job interview. However, the applicant should also report that the conviction “has been vacated (or set aside) and the charges dismissed.” The court uses this language in setting aside a conviction. 


This website has been prepared for general information purposes only. The information on this website is not legal advice. Legal advice is dependent upon the specific circumstances of each situation. Also, the law may vary from state-to-state or county-to-county, so that some information in this website may not be correct for your situation. Finally, the information contained on this website is not guaranteed to be up to date. Therefore, the information contained in this website cannot replace the advice of competent legal counsel licensed in your jurisdiction.

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