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Arizona DUI & Criminal Defense Attorney Blog

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Tempe Police and ASU on High Alert for Underage 21 Drinking and other Crimes

In 2012, Tempe Police made 2,479 arrests or issued citations for illegal consumption by minors. The legal drinking age in Arizona is 21. Students make a large portion of the Tempe population. Spring semester brings with it graduations, celebrations, prom, sporting events and other festivities. The ASU and Tempe Police brace themselves and…

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Drowsy Driving v. Alcohol/Drugs Impaired Driving in Arizona

Some studies show that an estimated 15 to 33 percent of fatal crashes may involve drowsy driving. In a recent survey reported by the National Centers for Disease Control (CDC) and the Institute of Medicine on average, an alarming 5% of respondents reported falling asleep at the wheel, 30 days…

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Why They’re Called the Toughest DUI Laws in the Country: Arizona DUI Laws at a Glance

Arizona is known for having some of the toughest laws and harshest penalties in the country. Most DUI convictions call for jail terms, and in some cases prison. If you plant to visit, reside, or drive through Arizona, you should be familiar with these laws. Driving under the Influence A.R.S 28-1381:…

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Bill Requiring Arizona Police Warrants for Drone Surveillance Scrapped

An Arizona Legislator introduced HB2574 last month, intending to protect 4th Amendment Constitutional Rights from unreasonable searches. Passing of this Bill would have outlawed police drone use to collect evidence in criminal offenses. Arizona is one of at least 24 states considering passage of bills designed to address constitutionality of evidence…

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US Supreme Court Hears Arguments in Landmark DNA Case

The question before the US Supreme Court is “When is a DNA search lawful?” US Supreme Court Justice Alito called it “Perhaps the most important criminal procedure case that this Court has heard in decades.” The state argued that DNA testing at the time of arrest would help solve cold…

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Mesa AZ Awarded Grant Aimed at Improving Prosecution of Drug DUI Charges involving Spice and Bath Salts

In 2012, Mesa Police reported 3,112 DUI arrests. Of those, 41.6 percent involved some type of drugs. This represented a slight increase over 2011 which was 41.2 percent. Many of these involved synthetic drugs, spice, bath salts, Marijuana, and prescription drugs. To help address the rising drug DUI arrests, Mesa…

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Arizona Court of Appeals: Reversing Dismissal of Marijuana DUI

A recent ruling could mean that a motorist who last smoked Marijuana in a legal state a month prior to traveling to Arizona, may be arrested and prosecuted for Marijuana DUI. An Arizona Court of Appeals marijuana DUI dismissal was overturned recently in favor of the prosecution, and returned the…

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Contempt of Court: Woman Gets 30 Days in Jail for Disrespecting Judge

News Story That Went Viral Last week in the news, we learned of a suspect was arrested on minor drug charges: unlawful possession of a controlled substance, Xanax. When she appeared in Miami-Dade Circuit Court, the Judge questioned her about her assets, for purposes of a release bond. The suspect…

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U.S. 9th Circuit Court of Appeals Reverses Drug Conviction

The US 9th Circuit Court of Appeals Reversed a Drug Conviction recently based on the cumulative effect of violations resulting in error by the lower court. The errors pertained to two denials of requests for discovery by the defendant and violations in Rules of Criminal Procedure for sentencing. The panel…

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Validity of Eye Witness Identification in Arizona

“Describe the ‘young man’ who walked into the room earlier,” asked the teacher. Later the student learns the man that the teacher referred to was in fact, 55 years old. So the question begs, “Was he a “man”; or was he a “young man”? This is an illustration of when…

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