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…
Arizona DUI & Criminal Defense Attorney Blog
Heroin, Fentanyl Overdoses Rise as Part of Opioid Epidemic
Article Updated July 28, 2017 “Public Health Crisis of Historic Proportions” …
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…
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…
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…
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…
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…
What You Should Know about Arizona DUI Laws
Overview of Arizona DUI Trends, Laws, Penalties, and Criminal Defense If you live in Arizona or plan to drive in the state over the July 4th weekend it is important to be aware of the DUI laws and consequences of a conviction. According to media reports, state and local law…
Killer Fentanyl-Laced Heroin Still at Large
DEA danger warnings; Arizona Laws, Facts, Trends, and Criminal Defense The National Centers for Disease Control (CDC) reported this year that the USA is facing drug overdose deaths in epidemic proportions. In the data collected by the CDC, it was concluded that overdoses increased 137 percent over the last decade.…
Challenges to the Constitutionality of Arizona’s “Failure to Comply with an Order” under ARS 28-622(A)
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…