DUI charges in Arizona are no walk in the park.  Anyone who has been charged with a DUI in Phoenix Arizona will tell you that court appearances, jail time, alcohol evaluations, classes, the ignition interlock, and worst of all the FINES really impact one’s life.

Depending on the Phoenix Arizona DUI charge, the fines in a DUI case range from $1800 to over $150,000 (this is not a typo!!).  These DUI fines are for

1) Alcohol Abuse Screening

2) Court fines

3) DUI assessments

4) DUI abatement fees

5) Police Department fees for blood sample procedures

6) Police Department Search Warrant fees

7) Jail fees

MVD interlock fee

The good news is you can arrange a payment plan with the court, based on your monthly budget.  To discuss all DUI charges and fines call an experienced Phoenix Arizona DUI Defense Lawyer at Mostafavi Marco & Wimmer today.  Let our 25 plus years of legal experience help you get the best possible outcome in your DUI.  We can be reached at (480) 540-3815 or www.azduiguy.com

We are in a very critical time of the year in regards to filing your 2011 tax returns and preparing for a Phoenix Arizona Bankruptcy.  We are getting several calls as to the best course of action in regards to filing both.  Below I discuss some tips to appropriately move forward with filing your taxes and subsequently filing your Arizona Bankruptcy.

State and Federal Tax Refunds are non-exempt assets of a Bankruptcy Estate.  What this means is if you file a Chapter 7 Bankruptcy or Chapter 13 Bankruptcy in Arizona, and subsequently get a tax refund for 2011 or any prior years, these refunds are assets of your bankruptcy, for the benefit of your creditors.

We advise all of our Arizona Chapter 7 Bankruptcy and Chapter 13 Bankruptcy clients to first prepare and file their tax returns for all outstanding years, receive and spend their tax refunds, then file their bankruptcy.  As long as tax refunds are received prior to filing a Phoenix Arizona Chapter 7 Bankruptcy or Chapter 13 Bankruptcy, and spent on “reasonable and necessary” living expenses, a trustee can not take them.  Remember, the day you file your Arizona Chapter 7 Bankruptcy or Chapter 13 Bankruptcy you are only allowed to protect $150 per debtor.  So you must spend down the refund to below $150 for a single debtor or $300 for joint debtors.

If you are contemplating filing an Arizona Chapter 7 Bankruptcy or Chapter 13 Bankruptcy, and are getting a tax refund, call us today to properly plan.  We offer a free consultation where one of our experienced Phoenix Arizona Chapter 7 and Chapter 13 Bankruptcy lawyers will discuss the best course of action for you.  We can be reached at (480) 540-3815 or www.mmwazlaw.com.

According to Arizona DUI Law ARS 28-1381 a First Non-Extreme DUI (Impaired to the Slightest Degree or BAC above .08) carries a jail/prison term of 10 consecutive days.  In my opinion 1o days in jail for a first, non-extreme DUI conviction in Arizona is a bit much, and it seems that Arizona legislators agree.  And here is why…

A good and experienced Arizona DUI Defense Lawyer can negotiate a plea with the prosecutor to suspend a majority of your jail term.  If a defendant charged with a First Non-Extreme DUI attends Alcohol Abuse Screening and successfully completes all treatment recommended, they may be eligible to have 9 days of the 10 day jail term suspended.  The Screening and treatment must be completed prior to going to jail.  Without an Aggressive Phoenix Arizona DUI Defense Lawyer on your side, a prosecutor may not be inclined to offer this.

It is very important to consult with an Arizona DUI Defense Lawyer as soon as you get a DUI.  The experienced DUI Defense Attorneys at Mostafavi, Marco & Wimmer offer free DUI consultations.  We will properly advise you regarding all your charges, jail terms, fines, costs and options regarding your plea.  The longer you wait for the consultation, the more you jeopardize your case.  Call us today for a free consultation (480) 540-3815 or visit www.azduiguy.com.

A Phoenix Arizona Chapter 13 Bankruptcy is typically for debtors who earn high wages.  However, a Chapter 13 Bankruptcy is also beneficial for:

1) Stripping an wholly unsecured 2nd lien on a property (if the value of the property is less than the first mortgage, it is possible to strip the second and third mortgages).

2) Getting caught up on missed mortgage payments (you can make payments on past due mortgage payments to get caught up through the Chapter 13 Bankruptcy Plan).

3) Getting caught up on missed secured debt payments (i.e. a vehicle note).

4) Cramming down your car loan to fair market value (there are some qualifications that must be met in order to do this).

5) Protecting your non-exempt assets (if you have valuable assets that are not protected in a Chapter 7 Bankruptcy, you can file a Chapter 13 Bankruptcy to keep them.  See the Arizona Bankruptcy Exemptions).

These are the most popular of the advantages of filing a Chapter 13 Bankruptcy in Arizona.  For a complete analysis of all the benefits of a Chapter 13 Bankruptcy call us today for a free consultation.  One of our experienced Phoenix Arizona Chapter 13 Bankruptcy Lawyers will provide you an hour long free consultation to discuss the advantages of a Chapter 13 Bankruptcy in your case.  We can be reached at (480) 540-3815 or info@mmwazlaw.com.

Arizona has some of the strictest DUI laws in the country.  Not only can you get a DUI in Arizona if you blow over a .08 BAC, the law states that you can be charged with a DUI if it is evident you are “impaired to the slightest degree“.  So what does this mean??

The “Impairment to the Slightest Degree” Test comes from an Arizona case dating back to 1929!!  In Hasten v. State of Arizona (280 P. 670 for you legal minds), the Court held “the statute prohibited driving when the influence of intoxicants rose to a level at which the person was “to some degree … less able, either mentally or physically or both, to exercise the clear judgment and steady hand necessary to handle … [an] automobile”.

Essentially, what this means is, if due to the intoxicants (whether alcohol or drugs), a driver’s mental and physical capacity to control the vehicle is deprived to a PERCEPTIBLE (recognizable) degree, they are busted.  And you guessed it, the perception comes from the police officer.

If you have been charged with an “impaired to the slightest degree” DUI it is imperative to have an aggressive and experienced Arizona DUI Defense Lawyer analyze the case.  At Mostafavi, Marco & Wimmer we have over 25 years of experience handling DUI cases.  We offer affordable fees and free consultations.  Call us today (480) 540-3815 or visit www.azduiguy.com.

This may be one of our most unpopular posts, but the information contained within can be a saving grace in your future Phoenix Arizona Chapter 7 or Chapter 13 Bankruptcy.  As you shop during this holiday season there are some things you must know, if you are facing financial stress and are contemplating filing bankruptcy.  Your actions now, how you spend your money, and what you buy, may have a direct impact on your ability to discharge your debts in a Chapter 7 Bankruptcy.

We will meet with clients early in 2012 who need to file a Chapter 7 Bankruptcy in Arizona.  During our free initial consultation we review a questionnaire filled out by the potential client.  On this form we ask clients to list recently accrued credit card debts.  Naturally, individuals will simply list “Christmas gifts” in this section.  Once we see this, our in-depth analysis begins.

When you file a Chapter 7 Bankruptcy and attempt to discharge your credit card debts, your ability for discharge is in jeopardy if you have significantly increased the debt in recent months.  For example, if you file a bankruptcy in January, and charged a significant sum of money on the cards for Holiday gifts in December, the creditor may object to that debt’s discharge.  If this objection is successful, the debt will remain.

Another issue is using cash to buy Holiday gifts.  For example, if you buy a brand new laptop for $2000 cash then file a Chapter 7 Bankruptcy, your Bankruptcy trustee may take that asset.  In Arizona, you are allowed exemptions for your property.  Unfortunately, you only get a $500 exemption for a laptop (well actually a typewriter, yes the laws are very outdated).  So what that means is that the trustee can take the laptop, sell it, give you your $500, and keep the rest.  OUCH!

Bankruptcy preparation is extremely important.  It is imperative you seek the advise of an experienced Phoenix Arizona Chapter 7 Bankruptcy Attorney, in order to properly prepare for filing bankruptcy.  At Mostafavi, Marco & Wimmer, we formulate an efficient and effective strategy in order to fully protect our clients during their bankruptcy.  For a free consultation call (480) 540-3815 or visit www.mmwazlaw.com.

Dan Marco has been a personal injury lawyer for 25 years, representing victims ranging from the simple fender bender car accident, to families of those wrongfully killed by the negligence of another.  Dan Marco is the anti-ambulance chaser, with his brutal honesty, refusal to accept every single case simply because they walk in the door, and his willingness advise clients on how to handle cases themselves.  In some situations, personal injury clients are better served dealing with the insurance companies on their own, to maximize their recovery.  Dan always offers a free initial consultation and does not charge a fee unless he is successful in settling your case.  For a free consultation call (480) 540-3815 or visit www.mmwazlaw.com.

I read some interesting facts online that are worth sharing to Phoenix Arizona Car Accident victims.  27% of all Arizona car accidents are rear-end collisions, 13% intersection accidents, 12% turning collisions, 11% truck accidents, 9% chain reaction accidents and 8% “other.  After a car accident in Arizona you have the right to negotiate with the at fault driver’s insurance adjuster personally, or hire a personal injury lawyer.

If you have a straight forward case where the facts are in your favor, negligence is clear and damages are substantiated, you may be successful in negotiating a favorable personal injury claim.  If you have any issues during the process, it is in your best interest to hire an experienced Phoenix Arizona car accident lawyer.  We know exactly how to properly gather facts (discovery of evidence, deposition of witnesses, etc.), draft demands, and negotiate with aggressive insurance adjusters.

Our goal is to negotiate a favorable personal injury claim on your behalf, in order to maximize your recovery and make you whole again.  One of the main reasons we like to avoid litigation, is that only 53% of plaintiffs in trials win money damages.  This means that you take a major risk by going to trial.  The average damage award in an Arizona car accident case is $16,929, but keep in mind this amount includes hours of personal injury lawyer fees.

Attorney Dan Marco has spent the last 25 years handling car accident personal injury claims, and through the years, has developed a very unique and successful negotiation strategy.  When he speaks to insurance adjusters, they listen, because they know he has done the work necessary to prove the case.  He works tirelessly, gathering facts and evidence, speaking with witnesses, and drafting effective demand letters.  For a free consultation about your Phoenix Arizona car accident claim call us today at (480) 540-3815 or visit www.mmwazlaw.com.

A few common questions Phoenix Arizona car accident victims have are, “Do I need to hire a lawyer to handle my case?” and “If I have to share my settlement with a Personal Injury Lawyer, won’t I get less money?”.  These are both legitimate questions that require a proper analysis.

Typically, after your car or motorcycle accident you will get a call from the at-fault driver’s insurance company.  They will be overly friendly and caring, and will act as a confidant throughout your treatment.  They want to gain your trust so that once a settlement offer is made, you feel that they are being fair.  Keep in mind it is the insurance adjuster’s job to minimize your claim.  They get incentives for small settlements that increase the company’s profits.  If you accept the low ball offer, you can not go back!

We routinely see settlement offers for car/motorcycle accidents that are far less than the injured party’s medical fees.  If this is true in your personal injury case, it is imperative you consult with an experienced personal injury lawyer.  Our team of personal injury lawyers analyze your case to ensure full recovery.  Our objective is to recover the maximum amount for damages in your accident case,the money you deserve.

Furthermore, we do not recover a fee unless we are successful in settling your claim.  If our car accident lawyers feel you will recover more handling the case on your own, we will not take your case.  Our honest personal injury attorneys will ensure that it is in your best interest to hire us to maximize your compensation.

For a free car accident/personal injury consultation call us today at (480) 540-3815 or visit www.mmwazlaw.com.  Our personal injury lawyers have over 30 years of experience handling car and motorcycle accidents.

Phoenix Arizona Car Accidents-WEAR YOUR SEAT BELT!!

It goes without saying that seat belts save lives.  Since the modern 3-point seat belt was invented by a Volvo engineer, hundreds of studies have directly linked their use to fatality prevention in car accidents.  In Arizona, wearing your seat belt is not only a good idea, it is mandatory by law, and not wearing it can be detrimental to your personal injury case.

If you have been in a car accident in Arizona, and have suffered injury as a result, your ability to recover for damages is directly linked to whether you were wearing a seat belt.  In Arizona there is a “seat belt defense“, which means if you suffer injuries due to not wearing a properly functioning seat belt, that you would not have suffered had you wore the belt, your recovery for damages resulting from the car accident are limited.  It is the burden of the negligent driver to prove that you would not have suffered said injuries had you been wearing your seat belt.  If successful, your recovery is drastically reduced.

This burden can be very complex.  The Arizona car accident victim could have been wearing the seat belt, however, the seat belt failed or did not function properly.  This risk is unnecessary and drivers should always buckle up.

It is vital to seek proper legal advice when involved in a car accident in Phoenix Arizona.  An experienced Arizona car accident lawyer will thoroughly analyze your case to assess fault and damages.  Your recovery is directly linked to your ability to prove the negligence of the at fault driver, and your damages for personal injury.  Attorney Daniel Marco has practiced personal injury law for 25 years and does not recover a fee unless he wins your case.  For a free consultation call (480) 540-3815 or visit www.mmwazlaw.com.