Dave Abels, Author at Abels & Annes, P.C.

Authorities Believe Driver Was Drunk When He Caused Fatal Rollover Crash

Local police have been busy investigating a fatal collision that occurred on Sunday morning and they now believe that the responsible driver may have been drunk at the time of the crash.

The collision occurred on westbound I-10 near 67th Avenue shortly before 9:00 a.m. Witnesses reported seeing a passenger car that was excessively speeding and swerving in and out of traffic as it traveled westbound. The passenger car pulled behind a pickup truck and struck the rear of the pickup truck at full speed, causing the driver of the pickup truck to lose control.

A 28-year-old woman was behind the wheel of the truck at the time of impact. The truck ran off the road towards the median between west and eastbound traffic on I-10 and rolled over, coming to a rest on its roof. The woman was thrown from the car and was pronounced dead at the scene.

The driver of the passenger car was injured in the accident. When authorities responded to the crash, the 27-year-old male driver was taken to an area hospital for evaluation and treatment where he is expected to recover. It is not clear whether the male driver has been charged with any crimes but authorities believe that he was likely impaired at the time of the crash. If medical tests confirm this, the driver could face serious charges, including jail time, for his part in the accident that led to a woman’s death.

Arizona has some of the strictest laws against drunk driving in the nation and some of the harshest penalties for those driver who choose to operate a vehicle under the influence. Nonetheless, thousands in Arizona choose to drink and drive every year. Statistics show that nearly 20 percent of all fatal automobile collisions involve a drunk driver, meaning that driving under the influence is not only illegal but incredibly dangerous.

Yet despite these risks, drivers continue to drive drunk. After an accident, many say that the threat to the safety of others never crossed their minds. While criminal prosecution is often thought of by drunk drivers, causing injury or death to others is considered much less often. But reality shows that not only are these drivers likely to face criminal charges, they are also likely to hurt those around them and subject themselves to civil claims for damages.
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Road Rage Crash Kills Innocent Woman in Phoenix

by Dave Abels

Phoenix Police believe that a fatal crash on Monday began with a road rage incident between two other vehicles but spilled over to involve another car, leaving an innocent passenger dead.

The incident occurred on the south side of Phoenix and had the drivers of an SUV and a Mazda tailing one another throughout the city. Police believe that there was some initial incident between the two drivers while they were on the road and the SUV began aggressively following the Mazda as a result.

As the drivers neared the intersection of Baseline and 27th Avenue, the Mazda made a quick turn in an attempt to escape the SUV. The SUV driver did not react in time and crashed into a third vehicle near the intersection. The third vehicle has been described as a passenger car and the impact caused the car to roll over with at least two people inside. A passenger inside the third car was killed in the crash.

Authorities state that the driver of the SUV was a woman and that she had three children in her vehicle at the time of the crash. After the accident, she stopped and waited for police to respond. The driver of the Mazda did not stop and police are still looking for him in relation to the road rage incident. Police have not said whether anyone has or will be charged for the incident or the resulting collision.

Commonly referred to simply as road rage, aggressive driving is a very dangerous activity that experts estimate contributes to nearly 50 percent of all accidents on American roads each year. It is hard to track the exact number because often, after a collision, drivers are less than truthful about the events leading to an accident, especially when it may show some fault on the part of the driver.

Simply put, aggressive driving is a series of unlawful or ill-advised moves while driving in traffic that may threaten the safety of those on the road. A more extreme version of aggressive driving can properly be labeled as road rage and is where one driver assaults another on the road with a car or other deadly weapon. Both aggressive driving and road rage are violations of Arizona law and road rage is a criminal offense that can lead to significant jail time, not to mention fines, legal fees, and other penalties.
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Pedestrian Mooning Passing Cars Hit and Killed by Drunk Driver

by Dave Abels

An early Saturday morning crash between a driver and a pedestrian left the pedestrian dead in Phoenix. Police have stated that both people involved, the driver and the pedestrian, may have been under the influence of alcohol or drugs at the time.

The incident occurred near 20th Avenue and Indian School Road in the early morning hours. Friends say a 25-year-old man was walking in the road and exposing his buttocks to passing drivers to “moon” them. The friends reportedly tried to get the man out of the road but the man refused and continued walking, at times laying down in the road.

Eventually, a 48-year-old passing driver came upon the pedestrian and a collision between the two occurred. The 48-year-old driver was also reportedly under the influence of alcohol or drugs at the time of the incident and it is not clear whether he was injured in the crash. The 25-year-old pedestrian was critically injured and transported to a local hospital, where he later died.

Area police responded to the crash and began investigating. After determining that the driver may have been under the influence, police arrested the man and charged him with aggravated DUI. They have not said whether the man is facing any additional charges related to the death of the pedestrian or what the results of toxicity screens revealed about either man involved.

Under Arizona law, when a victim is injured or killed by the negligence of another, the victim or victim’s family may be able to bring a claim for a financial recovery. Even if the victim bears some of the blame for the accident, there may still be the ability of monetary damages. In this accident, if the facts alleged are proven, then the victim will likely bear some, but not all, of the fault.
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Another Near Drowning in a Phoenix Pool

by Dave Abels

In a season already hit hard with tragedies, officials have reported another near drowning involving a child in a Phoenix pool. The pool at issue is located near 60th Street and Bell Road and was being used by four young children at the time. Officials have indicated that the adults at the home lost track of one of the children, a 7-year-old boy, who was described as not a strong swimmer. By the time anyone noticed, the child was at the bottom of the pool and unresponsive.

The children in the pool ranged between ages five and 11 and had reportedly been swimming for hours in the morning. They all took a break for lunch and then entered the pool again. Though the victim in this near drowning may have been wearing a type of floatation device described as “water wings” that morning, he was not wearing them when he was found at the bottom of the pool.

The boy was pulled from the water and emergency crews transported him to an area hospital where he remains in critical condition. The boy did not live at the home with the pool but was visiting it with one of his parents present, according to the fire department.

Valley children have been involved in large number of pool-related accidents this year. Swimming is always a popular activity but when the weather stays above 100 degrees for days at a time, some families take to the pool even more often. Drownings and near drownings are unnecessary accidents that can be completely prevented with the right safety aids, pool fencing, and adult supervision.

Children of any age should always be supervised when in or near water. Though many people think of drownings as happening to infants and toddlers, as this case illustrates, any child can become a victim in mere moments if the proper supervision is not present. Additionally, any child who is not a strong swimmer should be provided with floatation devices that are designed to preserve life, like a life jacket or life preserver. Leaving an inexperienced swimmer in the water for even a moment unsupervised can be the difference between life and death.
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Valley Man Arrested for 7th DUI

by Dave Abels

Phoenix Police have stated that a Valley of the Sun resident is behind bars after being arrested for driving under the influence, and according to these same police, it’s the seventh time the man has faced a DUI charge. Three of those arrests have occurred in 2013 alone.

The man is being held in jail without bond, having been denied bond due to his prior arrests this year. Officials believe that some of the seven driving under the influence arrests have been for misdemeanors and therefore would not have subjected the man to jail time; now, though, he is facing a felony because his license was reportedly suspended from a prior proceeding where he was charged with DUI.

Drunk driving claims approximately 10,000 American lives every year. That translates to a fatality from drunk driving every hour of every day of every year. When a victim of a drunk driving accident dies, not only is it a tragic loss of the victim’s life, but the loss extends and affects the victim’s immediate and extended families, friends, and coworkers.

Arizona has very strict laws regarding driving under the influence. The law presumes that any driver with a blood alcohol content of 0.08 or greater is influenced by the alcohol in their system and therefore guilty of a violation of the law. But have a BAC below 0.08 does not necessarily mean that you are legally allowed to drive. Any amount of alcohol can be deemed to be too much to legally drive if the alcohol influences a driver’s ability to drive safely. This means even one drink can take a driver from sober and safe to illegal and deadly.

When a drunk driver gets behind the wheel of a car, the driver is risking not only traffic and criminal penalties but also civil claims for nay damages or injuries the driver inflicts on victims of an accident. This means that a driver can be liable for the medical bills, lost wages, and pain and suffering of anyone hit or injured through the driver’s negligence.
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Guilty Plea from Man Who Killed Doctor on Bicycle, Fled Scene

by Dave Abels

The man charged with hitting and killing a neurologist had pleaded guilty to the offense, according to local authorities. The plea stems from an October incident in Fountain Hills where a 38-year-old neurologist was riding his bicycle in a bicycle lane of Shea Boulevard. A driver in a Chevrolet pickup truck approached the bicyclist from behind and struck him, then the truck driver fled the scene.

An eye witness saw the crash and saw the truck driver stop near 134th Street, exit his truck and examine it, as if he was looking for damage. The driver re-entered his car and continued on his way without ever checking on the cyclist or without calling authorities. Fortunately, the eye witness noted the truck’s make, model, and license plate number and called 911. Police officers were able to track the truck driver by the license plate and arrested the 33-year-old man who was behind the wheel at the time of the crash. The defendant was charged with felony leaving the scene of a fatal traffic crash and on Friday, he pleaded guilty. He is awaiting sentencing which is currently set for September 6.

Initially, after his arrest, the defendant told police officers that his truck was damaged in a parking lot where he worked. He later said that he thought he hit a barricade on the way home. The victim died at the scene of the accident from his injuries, and police later disclosed his identity as a well-respected neurologist at St. Joseph’s Barrow Neurological Institute in Phoenix. He is survived by a wife and other family members.

Arizona law makes it a crime to leave the scene of an accident before speaking with police. Doing so it not only illegal but it can be deadly. If another person is injured in a crash to the point that they cannot call for help, a fleeing driver may leave that victim with no chance at medical attention until it is too late.
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Prescott Extreme DUI Driver Hits 4 Construction Vehicles, Injures 2

by Dave Abels

A 43-year-old female reportedly had a blood alcohol content nearly three times the legal limit in Arizona on Tuesday night when she got behind the wheel and drove through Prescott. As she neared the intersection of Whipple Street and Willow Creek Road, the woman reportedly lost control of her vehicle and started running into construction vehicles. He car came to a rest after four other vehicles were hit.

Local police report that the woman was driving a pickup truck and that she traveled over 1,700 feet after the initial impact before her vehicle finally came to rest. Unfortunately the construction site was active with approximately 35 workers on the scene. At least two workers were injured in the collision and were taken to Yavapai Regional Medical Center for treatment. Though the conditions and the nature of the injuries of the workers are not currently known, reports indicate that both were released from the hospital later on Tuesday.

The driver of the pickup truck did not explain the crash to local police and she was also taken to Yavapai Regional Medical Center for treatment. Shortly after, she was released to police custody where she was charged with multiple counts of driving under the influence of alcohol, felony endangerment, and aggravated assault. If convicted, the woman will face the possibility of a several year prison sentence. Police claim that the woman’s alcohol content as measured by her breath was nearly three times the legal limit; the police are currently awaiting confirmation of the level through blood and urine tests.

The serious nature of this incident cannot be overstated. Arizona law presumes a driver is under the influence when the driver’s blood alcohol content is 0.08 or greater. In the event a driver’s BAC is 0.15 or greater, the law classifies that as extreme driving under the influence. Repeated violations can even lead to a designation as aggravated driving under the influence and to the assertion of additional penalties or longer sentences.

Not only is driving under the influence a crime in Arizona but acting recklessly in a construction area with construction workers present is a separate and additional crime. This alone can result in a driver losing a license, facing a fine, or even incarceration. Construction workers are engaged in a dangerous but necessary field and the laws are sensitive to the needs to protect these individuals.
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Shopper Dies After Car Crashes Into Convenience Store in Tucson

by Dave Abels

A 58-year-old woman was killed in Tucson on Sunday while shopping in a local 7-Eleven store. The woman was killed when a car that had been involved in an accident ran into the 7-Eleven and pushed a trash can into her.

The incident occurred near the intersection of East Speedway Boulevard and North Columbus Boulevard around 10:00 a.m. Police have stated that a 52-year-old driver of a Kia Sedona was traveling eastbound in rightmost lane of East Speedway when the traffic light for eastbound traffic was red. The driver allegedly failed to stop for the red light and entered the intersection with North Columbus, causing a collision with another vehicle. The driver of the Kia lost control of the vehicle and veered off the roadway to the right where the convenience store is located.

The driver of the Kia struck a cement trashcan outside of the 7-Eleven and then continued forward through the glass store front, actually entering the building with the vehicle. Police officers have stated that the cement trashcan was also pushed forward and that it struck a 58-year-old female who was inside the store at the time, seriously injuring her and leading to her death.

The driver of the Kia has been charged with one count of causing serious injury or death by a moving violation. That is a misdemeanor charge in Arizona with possible jail time if the driver is found guilty. It is not clear whether police are considering additional charges in this matter or what caused the driver to run the red light initially.

Separate from the traffic charge and the possibility of any additional traffic or criminal charges may be a civil suit brought against the driver by the family of the woman who was killed. In Arizona, the families of those who are killed by the negligence of another can bring a civil claim for their loss. This can include the loss of companionship and society they will experience, any financial losses incurred through the death, as well as compensation for the victim’s pain and suffering between the time of the accident and the time the victim died.
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Driver with BAC 3 Times Legal Limit Had Two Daughters In Car

by Dave Abels

The Mohave County Sheriff’s Department reported an incident on Saturday evening involving a driver under the influence of alcohol. The 56-year-old Kingman man was reportedly driving 89 miles per hour in an area with a speed limit of 65. When deputies pulled the man over, they detected the smell of alcohol and questioned the man about it. Reportedly, the man admitted to drinking a six pack of beer before driving that evening.

The deputies put the driver through a field sobriety test which the driver reportedly failed. He was taken into custody and tests later revealed his blood alcohol content to be 0.253, more than three times the legal limit of 0.08.

While driving under the influence and speeding are bad enough, even worse is that the man allegedly had his 10 and 12 year old daughters in the car with him at the time. Fortunately, this driver was apprehended before a collision occurred and anyone was injured.

Too often, though, drunk drivers are not caught until after a crash. Speeding often occurs in tandem with drunk driving which can make any collision more deadly. Drunk drivers not only put their own safety at risk but also the safety of their passengers, other drivers, bicyclists and even pedestrians. When a driver is drunk, everyone on the road is at risk for injury.

Every year, more than 250 people are killed in Arizona in drunk driving collisions. Many of these fatalities – nearly 75 percent – occur in urban areas. A driver in Arizona cannot drive under the influence of alcohol or any intoxicating compound, including drugs, and the driver is guilty of a crime if he does. What many may not realize is that a blood alcohol content of 0.08 creates a presumption that a driver is influenced by alcohol and therefore guilty of driving under the influence. In reality, a driver can be guilty of a violation of the law with any amount of alcohol in his system as long as that alcohol influences the driver’s ability to drive. This means that if a driver hurts another person in a car crash while under the influence of any amount of alcohol, he can be liable for the injuries in addition to any criminal charges levied by the State.
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Driver Arrested with BAC More Than 4 Times Legal Limit

by Dave Abels

A police officer El Mirage recently noticed a car that was traveling about five miles and hour and weaving back and forth across the road. Suspicious, the officer initiated a stop of the driver to investigate. The 36-year-old driver reportedly did not realize an officer had pulled over his vehicle until the cop knocked on the driver’s window near Grand Avenue and Thunderbird Road. The man did not have his hands on the steering wheel and hit a guardrail along the road, according to court documents.

Officers suspected driver was under the influence of alcohol by his actions and also by the fact that there was an open bottle of vodka within the driver’s reach. When they attempted to arrest the man, he had to be helped from his car because he was not able to get out on his own.

A blood alcohol content was taken and showed the man had a BAC of 0.377 percent, more than four times the legal limit of 0.08. The driver has been charged with extreme driving under the influence along with other counts that have not been specified. One count may be related to the fact that the man reportedly was driving on a suspended license.

The driver has two prior convictions for driving under the influence, one in 2010 and one in 2012. Police have not stated whether this is why the man’s license was suspended at the time of this recent arrest.

Fortunately a police officer noticed this driver’s erratic behavior before a crash occurred that injured or killed someone. Any driver under the influence of alcohol is a threat to himself and others but as the alcohol content in a driver’s blood increases, so does the threat he poses. Here, the driver’s blood alcohol level was so high that he could not get out of his own car. There is no reason this man should have been behind the wheel.
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