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Arizona DUI & Criminal Defense Attorney Blog

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Domestic Violence, Disorderly Conduct, and Mental Health Records in Arizona

In the unpublished opinion State of Arizona v. Scott, an Arizona appellate court considered the defendant’s conviction for disorderly conduct with a deadly weapon. The case arose when the victim and the defendant, who were married, got into a physical altercation. The husband was indicted for two counts of misconduct…

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Does an Expired Registration Provide a Reasonable Suspicion in Arizona?

You should be aware that allowing your vehicle or license registration to expire may provide police officers with a reasonable suspicion to stop you while driving in Arizona. Under A.R.S. section 28-2153, you cannot operate a motor vehicle that has not been registered with the department. In the unpublished opinion…

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As Drunk Driving Arrests Decline in Arizona, Deaths Increase

Arizona Among Highest Increases in Fatal Alcohol-Related Accidents The good news would be that the East Valley Tribune reported on January 8 that driving under the influence (DUI) arrests in Arizona decreased 14 percent from 2014 to 2016. The bad news, however, is that CBS News reported on December 26,…

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Arizona Court of Appeals Provides Affirmative Defense for Medical Marijuana Patients Charged with DUI

How High is Too High to Drive? In November 2016, Arizona voters rejected a measure to legalize recreational marijuana, with many people citing concerns about a possible increase in driving under the influence (DUI) violations as being the reason behind their opposition. Appellate courts in Arizona, however, have made a…

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Marijuana DUI: Impacts of Arizona’s Rejection of Recreational Marijuana on Drugged Driving Charges

Proposition 205 Results for Legalization of Marijuana  In the November 2016 election, five states including Arizona, had legalization of recreational marijuana on the ballot for voters.  Of those, it passed in four states. But Arizona was not one of them. Proposition 205 gave Arizona voters the opportunity to legalize recreational…

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Arizona Could Legalize Recreational Marijuana on November 8

Arizona’s Proposition 205 -Legalization of Marijuana  If Prop 205 passes, marijuana does not become instantly legal statewide. Sales of cannabis could begin as soon as March 1, 2018. The proposition establishes the creation of a Department of Marijuana Licenses and Control that would be responsible for licensing and regulating retail…

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The Entrapment Defense in Arizona

Understanding Arizona Affirmative Defenses One of the best ways to understand the entrapment defense in Arizona is to read the standard jury instructions. Arizona Pattern Jury Instructions for criminal cases tracks the language of A.R.S. § 13-206 and provides: The defendant has raised the affirmative defense of entrapment with respect…

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Arizona Supreme Court Rules Marijuana Odor Establishes Probable Cause

Arizona Cannabis Laws, Penalties, Criminal Defense Police officers have long used the alleged scent of marijuana as an excuse to perform searches of alleged offenders’ motor vehicles when they refuse to consent to such searches. After the two divisions of the Arizona Court of Appeals came to different conclusions about…

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Supreme Court Rules Firearm Possession Prohibited After Domestic Violence Conviction

Arizona Domestic Violence Laws, Penalties, Criminal Defense The Lautenberg Amendment in Title 18 U.S. Code § 922(g)(9) prohibits shipment, transport, ownership and use of guns or ammunition by individuals who were convicted of a misdemeanor domestic violence offense or are under a protection order (commonly referred to as a restraining…

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