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Burn Injuries in Arizona, Get the Best Lawyer

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by Mesa, Arizona Burn Injury Attorney – Jamal F. Allen
Burn injuries are quite prevalent in Arizona. According to the Arizona Department of Health Services (AZDHS), around 3,550 people in Arizona are injured by flames or fire each year. Some 800-900 victims are treated for burns at the Maricopa County Hospital Burn Center every year. The causes of these injuries vary, and usually involve the fault of a third person or business.

Arizona Burn Injury Accidents Involving Negligence of Others

  • building fire accidents
  • auto fires
  • propane tank explosion
  • stove/heater fires
  • natural gas explosions
  • factory/industrial accidents
  • chemical spills
  • electrocution & electrical burns
  • flammable liquids
  • flammable clothing
  • defective products
  • smoke inhalation

The burn injury accidents listed above is by no means exhaustive. The point is to show that burn or fire incidents could involve the fault of others and certainly should be investigated to insure the victims in not needlessly saddled with the medical expenses, disfigurement, and pain.

Mesa, Arizona Burn Injury Attorney Collects Damages for Victims

Burn injury survivors in Arizona often experience some of the most painful and horrific injuries that anyone can suffer. The physical injuries are horrific. Also, the emotional and psychological scars resulting from permanent disability or disfigurement often caused burn victims to live diminished enjoyment of life. Moreover, burn injury victims incur huge medical bills that can have a devastating impact on their personal finances, worsening their psychological health and that of family members.

Hiring the Best Mesa, Arizona Burn Injury Lawyer Makes the Difference

Overcoming the physical, mental, and financial costs of recovering from burn injuries is a daunting task. Serious injuries, such as second-degree or third-degree burn injuries, are extremely traumatic and often require expensive procedures like skin grafting, long-term hospitalization, rehabilitation, and psychological counseling to beat the associated trauma. Having the best legal support can provide burn victims with some respite for their problems.

In many cases, burn injuries in Arizona occur due to a fault or negligence of some other party. The at-fault party should therefore take responsibility for the accident and pay the damages suffered by the burn victim. But, of course, no party would ever want to admit responsibility for a fire unless they’re sued. This is where an Arizona burn injury lawyer comes in.

Burn injury victims should consult Mesa, Arizona Burn Injury Jamal F. Allen. Mr. Allen has nearly 20 years experience working with experts to determine exactly who is responsible for the fire. Mr. Allen will retain life-care experts and economists to calculate the monetary value of your suffering, including: medical bills (full cost of treatment, psychological counseling and future rehabilitation), lost wages or income, loss of future earning capacity, and property damage if any. The practical goal to obtain the largest probable recovery for you through diligent, competent, and exhaustive research, investigation and legal advocacy.

Insurance Companies Don’t Have Your Best Interests in Mind

Most often, burn injury claims are filed against the insurance carrier of the liable party. Insurance companies hire large defense law firms to defend their insureds interests and pay burn victims the least possible compensation. Sometimes insurance adjusters may approach the victim to try and negotiate a quick settlement. Victims should never agree to a settlement without an experienced Arizona burn attorney on their side as they may not get a fair settlement.

The consequences of burn injuries, such as disfigurement, permanent damage to sight, hearing, brain, or even spinal cord – which may cause partial or complete paralysis, are dire. In extreme situations, the injuries may lead to a wrongful death. Medical treatments are not only expensive, but they can also extend for a long time. Mesa, Arizona Burn Injury Attorney Jamal F. Allen can help you or a loved one secure the highest probable resolution of your case. Our consultations are free, and you pay us nothing unless we are able to collect on your behalf. Call today at (480) 899-1025 or visit us at goodazlawyers.com.

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ARIZONA PRESCRIPTION DRUG DUI LAWS

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written by: Jamal F. Allen, Prescription Drug DUI Attorney (480) 899-1025
In Arizona, you can be charged with DUI even if you have no alcohol in your system. How? Arizona Revised Statute section 28-1381 (A)(3) governs driving with illegal and/or prescription drugs in ones blood system.

Many Arizonans associate DWI with alcohol and illegal drugs. But if you are caught driving after taking prescription drugs or even over-the-counter medications, supplements, vitamins, minerals, etc., which effect the way you operate your car, you may be treated as though you were drunk driving.
The Arizona DUI Enforcement Statistics indicate that there has been a dramatic rise in the number of drug DUI arrests over the last decade, from 1,008 in 2003 to 24,103 in 2012. The year 2011 saw the highest drug-related DUI, 28,865 in total. A large number of these cases included arrests for legally-dispensed prescription drugs, including medical marijuana.

The ever increasing cases of drug-related DUIs, especially in Mesa (which has recorded the greatest increase in the state) is worrying for many drivers. This is because drivers who are pulled over for prescription drug DUI are not aware that driving while under the influence of prescription medications or medical marijuana is illegal. No. Having a medical marijuana card does not give drivers a free pass.

Arizona DUI laws are some of the strictest in the country. Under Arizona revised Statutes (ARS 28-1381), a driver can be convicted of DUI if they are found to be “impaired to the slightest degree” while operating an automobile. So drivers who have consumed alcohol may be convicted of DUI even if the alcohol content in their blood is below 0.8 percent – which is currently the legal limit.

A strict interpretation of the law is applied in prescription drug DUI cases. The Arizona DUI laws specify drugs to include any type of drug or vapor-releasing substance that is made up of a toxic substance, any mixture of drugs/alcohol, or any controlled substance. This means that prescription drugs and medical marijuana are regarded as drugs, and their use and subsequent driving can easily lead to a DUI drug arrest.

To make it even worse, the penalties for prescription drug DUI and alcohol DUI convictions in Arizona are generally the same. According to Arizona law, an individual charged and convicted of prescription drug DUI may face penalties, such as fines, fees, license suspension or denial, probation, or even jail time. To avoid or minimize such penalties, you should hire a trusted and experienced attorney to deal with your prescription-related DUI charge.

While various city and county prosecutors may presume guilt just because you were caught with prescription drugs in your system, the issues and defenses for each case are different. There are defenses to Arizona prescription drug DUI charges. You are not automatically GUILTY just because you take medication, and you have been found with drugs in your system. This is simply the judgment of the arresting officer, and in many cases they are wrong.

Experienced Mesa, Arizona DUI lawyer Jamal F. Allen can help you find deficiencies in the States case. Mr. Allen will review the discovery (e.g., police report, alcohol influence report, drug recognition examination report, etc.) to determine if medication contributed to or caused your impairment. Usually, particularly in the absence of a traffic accident, prior convictions, drug abuse history, a resolution of other than DUI is achievable. Call for a free consultation today. (480) 899-1025.

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Choosing The Right Lawyer for Your Arizona Motorcycle Collision Case

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written by: Jamal F. Allen, Attorney (480) 899-1025

Life happens to all people. While we all get to relish the good times, unexpected things happen to everyone. The saying “accidents happen” is a common and true one because they’re never planned and people rarely see them coming.

However, in the case of a very bad accident or incident, having the right attorney and legal representation can be the difference between you winning and losing. More specially, in the case of motorcycle collisions, there are several things that must be considered when dealing with this type of accident.

A great many motorcycle collisions are caused by inattentive drivers. Motorcycles can be much smaller than the average car, truck or SUV distracted drivers having even more difficulty seeing or hearing the motorcycle rider. After the police arrive, car drivers will usually say “ I just did not see the motorcyclist.” This is not an adequate excuse, as the motorcyclist has just as much of a right to be on the road as cars do. For more information on the statistics surrounding motorcycle collisions in Arizona, consider visiting the Arizona Department of Transportation website at azdot.gov/mvd/statistics/crash/PDF/11crashfacts.pdf The amount and causes of motorcycle collisions may surprise you.

Car versus motorcycle collisions can cause devastating injuries, even death, to the most careful riders. At Allen & Associates, PLC Lawyers, we take great pride in the kind of care that we offer our clients. If you are injured in a motorcycle collision, call our Mesa, Arizona law firm today. At the outset, we start collecting evidence to help get the best recovery for your bodily injury case, including traffic accident reports, scene photographs, vehicle maintenance records, property damage estimates, etc.

Additionally, while you are receiving treatment and therapy for your injuries, we collect your available medical records and handle all communication with the insurance companies. That is right.

We verify the type of and amount coverage available for your losses while you concentrate on getting back to health.

Broken bones, cuts, bruising, road rash, burn injuries, head & brain injuries, spinal cord injuries, paralysis or amputation of limbs are just some of the recurring injuries that occur in motorcycle collisions. The right lawyer can assist you collect for your injuries as well as your pain & suffering, life care expenses, lost wages, etc.

It is imperative that you choose a law firm that will put your needs first. Many high-volume firms offer you the moon and the stars, while in reality, they don’t have the proper knowledge or resources to really get you the type of settlement that you deserve. It’s so important that when you are choosing what law firm to represent you, you choose one that will always act with your best interest in mind.

Our past clients give us the highest possible reviews. See for yourself by visiting www.goodazlawyers.com today. If you or someone you know is injured following a motorcycle accident, it is important that you contact attorney Jamal F. Allen at Allen & Associates, PLC Lawyers today. (480) 899-1025 We consistently win cases, and we can help you get the justice that you deserve.

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ARIZONA MEDICAL MARIJUANA USERS BEWARE!

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by Jamal F. Allen, Mesa, Arizona Attorney
I recently posted a blog article discussing how registered Arizona Medical Marijuana Card Holders face arrest for driving while impaired (DUI) or driving with an illegal drug in system (DUI-D), despite implementation of and strict adherence to the guidelines set forth in the Arizona Medical Marijuana Act.

As a trial lawyer in both the criminal defense and plaintiff’s personal injury arenas, I often observe areas of the law that seem designed, or so poorly drafted, as to subject citizens to unconsidered risks. This morning I noticed an incongruity in the law about which all Arizonans should be aware.

City of Mesa, Arizona DUI-Marijuana Case
In the Mesa Municipal Court I represented a good citizen. Let’s call him AB. In February 2012, a City of Mesa Patrol Officer stopped the station wagon AB was driving for allegedly failing to drive in one lane. At the scene, the officer accused AB of having smoked marijuana.

Other than the lane violation, the officer did not observe any other traffic infractions. Interestingly, the officer did not smell, see, or find marijuana or any contraband or other paraphernalia in AB’s car. AB admitted he is a registered medical marijuana card holder and that he last medicated before he went to bed, which was about 9 hours before the traffic stop.

The patrol officer administered field sobriety tests, a drug recognition exam, a preliminary breath test, and later obtained samples of AB’s blood and urine for testing. Additionally, the officer secured a copy of AB’s Arizona Department of Health Services (ADHS) issued medical marijuana card. The blood results revealed AB’s blood contained 5 ng THC per milliliter of blood.

The City of Mesa Prosecutor’s Office charged AB with violating Arizona Revised Statutes sections 28-1381 (A)(1), driving while impaired to the slightest degree; 28-1381(A)(3), driving with an illegal drug or metabolite in system; and 28-729.1, failure to drive in one lane.

AB presented to our Mesa, Arizona law firm for consultation and to review the facts for possible legal defenses. As a NORML approved lawyer, I agreed to assist AB as a victory for him would also benefit thousands of Arizonans throughout the state.

Motion to Suppress Evidence

In the motion filed on AB’s behalf, we noted that the City of Mesa, Arizona Patrol Officer did not observe any erratic driving, other than the mild drifts that allegedly
occurred on one moderately busy roadway. Additionally, at the evidentiary hearing, the police officer admitted AB made a perfect lane change, stop at a traffic controlled
intersection, and left turn but did not clearly record these exculpatory facts in his report. An officer may make an investigatory traffic stop if the officer has a reasonable suspicion of a traffic violation. A.R.S. section 28-1594 (an officer “may stop and detain a person as is reasonably necessary to investigate an actual or suspected violation of Title 28″).

Arizona’s traffic laws, located in Title 28, are fairly comprehensive. Some police officers in Arizona have been known to stop vehicles for driving to fast, driving too slow, broken tail light, no license plate light, wide right turn, abrupt lane change, following too closely, etc.

At the evidentiary hearing, AB testified that the officer approached his station wagon and the first thing the officer said was, “So, you’ve been smoking marijuana.” According to AB, the officer did not mention traffic violations until after the he was transported to the Mesa, Arizona Police Station for processing.

Needless to say, following the evidentiary hearing, the Mesa Municipal Court Judge, denied AB’s Motion to Suppress Evidence. AB elected to proceed to trial and argue to the jury that he is a registered Arizona medical marijuana patient and used marijuana to help alleviate chronic pain associated with his diagnosed medical condition.

One week before trial, the State filed a Motion in Limine seeking to preclude the defense from arguing, mentioning, referencing, insinuating, or admitting evidence that
prior to and on the date of his arrest, AB held a valid ADHS medical marijuana card.

Motion in Limine

In response to the motion in limine, we argued that the State’s efforts to preclude the jury from learning that AB was a registered medical marijuana card holder, as irrelevant and unfairly prejudicial, was misguided and incongruent with prevailing Arizona law. The evidence, we submitted, was integral to AB’s legal defense

Additionally, we cited Arizona Revised Statute section 36-2802 (D) which provides that:

the Arizona Medical Marijuana Act (the “Act” or “AMMA”) does not prevent the imposition of civil or criminal penalties for engaging in the following conduct: Operating . . .any motor vehicle . . . while under the influence of marijuana, except that a registered qualifying patient shall not be considered under the influence of marijuana solely because of the presence of metabolites or components of marijuana that appear in insufficient concentration to cause impairment. (emphasis added)

AB did not dispute that he consumed marijuana. He was charged with driving while impaired to the slightest degree (ARS 28-1381(A)(1) and having an illegal drug or metabolite of that drug (marijuana) in his system (ARS 28-1381(A)(3). AB only denied he was impaired.

We argued that evidence of AB’s qualified medical marijuana status was relevant to his defense against the DUI and civil traffic charges pending against him. Additionally, precluding AB from admitting such evidence would leave the jury with the erroneous, prejudicial and unfair impression that he ingested marijuana for no purpose other than his smoking pleasure.

In the absence of Arizona law on point, our courts usually look to surrounding jurisdictions, particularly California, for guidance. In People v. Mower, 28 Cal. 4th
457,458 122 Cal. Rptr. 2d 122, 123 (Cal., 2002) the California Supreme Court ruled a defendant may raise his status as a qualified patient as a defense at trial. While the
defendant in Mower was charged with possession and cultivation, and not DUI, the guiding authority still remains.

Without reaching the issues of federal preemption, the Mesa Municipal Court Trial Judge, noted that Arizona’s DUI laws and the AMMA are incongruous but he could not read A.R.S. 36-2802 (D) as being relevant to or providing a defense to a A.R.S. 28-1381(A)(3) DUI charge. Essentially, without evidence that he is a licensed, registered, qualified, medical marijuana user, the jury, assuming no nullification, would convict AB after learning he had the metabolite, let alone, 5.4 NG of THC in his blood.

Where We Go From Here: Taxi Cabs for Life or Contact the Legislature

AB chose to resolve his case short of trial. You should not have to endure the same ordeal. There are many throughout the State of Arizona who know Arizona’s DUI laws and Medical Marijuana Act fall short of protecting patients from arrest, prosecution, and jail. Remember, the metabolite alone, is sufficient for conviction.

I should let you know that at Allen & Associates, PLC Lawyers, we represent everyday citizens who are injured due to the fault of others and citizens charged with crimes. Visit www.goodazlawyers.com to learn more. Occasionally, as we did for AB, we take on interesting serious injury or criminal defense cases that could benefit citizens other than our clients. Consider it a method of giving back.

I don’t know that our current Maricopa County Attorney or Arizona Attorney General will make any effort to massage Arizona DUI laws so that medical marijuana patients are not subjected to wrongful and mindless prosecution. The answer seems to reside in a grassroots effort to convince our legislature that medical marijuana patients need protection and that forcing those patients to choose jail or a lifetime of taxi cabs is not the answer.
. . .

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Have Arizona Medical Marijuana Card? You Risk Arrest For DUI Marijuana and Illegal Drug Possession

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Although it’s legal for qualified card holders in Arizona to use marijuana for medicinal purposes, some city and county prosecutors rely on plain interpretation of the statute and will charge anyone with a detectable level of marijuana in their body even if he/she has a legally valid Arizona Department of Health Services Medical Marijuana Card. If you are a patient driving in Mesa, AZ and have a medical marijuana card, you could be arrested for both DUI marijuana and, possibly, marijuana possession.

Under Arizona Medical Marijuana Act, qualified patients with medical marijuana cards can buy up to 2.5 ounces of the drug every 2 weeks. But some prosecutors feel that Arizona’s DUI law (ARS 28-1381) and federal laws that prohibit the use of any amount of marijuana supersede or preempt this Act – which is totally wrong as demonstrated by an extensive ruling by Maricopa County Superior Court in December, 2012.

In that ruling, Judge Michael Gordon rejected the argument by Maricopa County Attorney and Attorney General that Arizona’s Medical Marijuana Act is null and void since federal law regards possession, use and sale of marijuana. To expound on his decision, the Judge Gordon pointed out that 18 other states and the District of Columbia have enacted laws allowing the use of legal medical marijuana and there was no way he could overturn Arizona’s MM Act.

However, and in disregard of this ruling, prosecutors in Maricopa County and in cities throughout the Arizona have vowed to continue prosecuting everyone found in possession of marijuana or driving with any amount of marijuana in their system regardless of whether or not they are “legal” users.

So if you are caught with even less than 2.5 ounces of marijuana or any amount of marijuana in your system while on the road, you’ll most likely be charged with violating Arizona law. That is why you need the services of NORML attorney Jamal F. Allen, a lawyer who strives to prove your innocence.

Another problem many legal marijuana users driving in Mesa, AZ face is the fact that the drug can remain in a person’s system for days, weeks, or even months depending on the amount used, frequency of use, concentration of THC (the active ingredient in marijuana), and the individual’s tolerance to the drug. So if you’re a legal MM user driver, and you test positive following a DUI stop, you may be arrested and charged with DUI marijuana even if the Marijuana is not the actual cause that led to your driving being impaired to the slightest degree. If stopped, be polite to the police officer and say nothing about your use of medical marijuana. If charged with a crime, call our Mesa, Arizona law firm today at (480) 899-1025.

Things can be worse if the incident occurs as part of a car accident, as you may be charged for aggravated DUI, Extreme DUI, or Aggravated Assault or Manslaughter.

If you are the kind of patient who medicates regularly, chances of you being caught with an elevated level of marijuana are high. This could result in severe and unintended consequences. Although your driving might not be impaired as defined under the Arizona DUI statute, you can easily be charged simply because you have marijuana in your system. Furthermore, there may be no immediate tests available to measure your level of THC impairment and policemen may misinterpret signs of marijuana use since they are not drug experts.

Consulting an experienced DUI marijuana attorney like Jamal F. Allen can be very beneficial in marijuana DUI arrest situations. Such a lawyer can negotiate or fight your case vigorously in both lower and higher courts to ensure a favorable outcome. The penalties for this offence are harsh, and they include: fines, fees, jail time, suspension of driver’s license, counseling treatment, probation, and other penalties as may be ordered by court. Remember: Never try to negotiate the criminal justice system without an experienced, skilled lawyer like Jamal F. Allen of Allen & Associates, PLC on your side. We win cases.

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