One of least understood and most commonly charged crimes in Arizona is “Failure to Comply with a Lawful Order” in violation of Arizona Revised Statutes (ARS) section 28-622(A). The crime is classified as a class 2 misdemeanor. The statute provides: 28-622. Failure to comply with police officer… A person shall…
On November 20, 2015, the Supreme Court of Arizona decided Dobson v. McClennen (P.3d, 2015 WL 7353847, Arizona Supreme Court 2015). The decision has important implications for individuals that use medical marijuana and might have THC or its metabolite in their system but drive at a time when they are not impaired.…
An Overview of the Role, Purpose, and Processes of Grand Juries in the Criminal Justice System. Police Involved in Deadly Shooting in Phoenix, AZ Tragedy struck home in Phoenix AZ, last week, resulting in the eruption of protests here in the valley. This, following reports of another fatal officer involved…
Arizona DUI Arrest Statistics In looking back over the last six years of DUI arrest statistics released by the Arizona Governor’s Office on Highway Safety (AGOHS), we see an alarming trend in DUI arrests with Blood Alcohol Content (BAC) at the “Extreme” levels, which is 0.15 percent or higher. In…
Recent Amendment expands protections under Arizona’s “Stand Your Ground” Laws; not only to their homes, business, but anywhere else in Arizona “they have the right to be”. Amidst heated debates over “Stand Your Ground” laws Arizona, businesses and homeowners continue to do what they must, to protect their home and…
Why Resisting Arrest is a Bad Idea This week we in the news, an Arizona motorist was stopped and investigated by police for driving impaired due to alcohol or drugs. The suspect allegedly became angry at the line of questioning taking place during the stop. He then allegedly initiated punched one…
What Police and city officials are doing to take back their crime plagued city. As the trial begins for the murdered ASU student, Kyleigh Sousa, Tempe Police and City Officials try to prevent, and control crime and take back the downtown areas. What was once the center of fun,…
The National Highway Traffic Safety Administration (NHTSA) sponsored research that focused on motorcycle DUI – DWI indicators. These are early cues police may use to detect a non-impaired driver from an impaired driver who may be under the influence of alcohol or drugs. Motor Cycle DUI Indicators NHTSA’s recent studies turned…
A Statute of Limitation is the time frame for which the State and prosecution have to bring criminal charges against a suspect. Under A.R.S. § 13 – 107 time limits for which charges can be brought are either named by crime or criminal classification. In general, the State has one year…
Mistake of Law Mistake of Law is rarely a justifiable pre-trial defense. The Mistake of Law” is when a person knows they committed an act, but they did not know the conduct was against the law. It is different between “Mistake of Fact”. There are few circumstances where “Mistake of Law” is…