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:…
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…
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…
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…
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…
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…
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…
“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…
In Arizona, a motorist can be arrested for DUI even if their blood alcohol content is below the legal limit of 0.08 percent or if they have had no spirituous liquor at all. Any DUI in Arizona is a criminal offense and subject to serious penalties including jail time, and…
Elements of a Valid Search Warrant Under Arizona Laws, Constitution; and the Fourth Amendment of the United States Constitution, a person has protection from unreasonable search and seizures of themselves or their property. In order for the warrant to be valid the following elements must exist: “Probable cause” A.R.S. 13-3924…