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…
10 facts about enforcement of Arizona’s Immigration Law SB 1070 On September 18, 2012 District Judge Susan Bolton release a temporary restraining order on the controversial provisions in Arizona SB 1070. Since it became effective in 2010, it faced legal opposition which led to a US Supreme Court decision. At…
In Arizona, a motorist may be charged with Marijuana DUI, if they are under the influence of Marijuana, and they are driving “impaired to the slightest degree” A.R.S. 28 § 1381. The burden of proof rests with prosecution to “prove beyond a reasonable doubt” that a person was actually driving…
How to preserving your rights after arrest: To know them is to protect them. The most important thing you need do is to preserve your rights after a DUI arrest in Mesa. By doing this you will protect your rights to defend your charges. Failure to preserve your rights, may waive or limit…
In Arizona, one primary factor for charging a suspect with possession of Marijuana with intent to sell is the quantity of a drug found in a person’s possession. In order to prosecute these charges there must be some additional evidence presented to support the charge. Examples may include proof beyond…
Release Conditions – What the Judge Considers Release conditions are set by the judge in consideration of assuring you will return to appear for your next court date. The judge considers many factors when setting release conditions including but not limited to: Nature and seriousness of the charges; Residency; Family and…
Arizona’s Marijuana Possession Laws In Arizona person may be arrested for Marijuana Possession under ARS § 13-3405. In order to prosecute these charges, the state must prove “beyond a reasonable doubt” the possessor knew or had reason to know, that the Marijuana was in their possession. If the person knowingly possessed…
In Arizona, a motorist may be charged with Marijuana DUI, if they are under the influence of Marijuana, and they are driving “impaired to the slightest degree” A.R.S. 28 § 1381. The burden of proof rests with prosecution to “prove beyond a reasonable doubt” that a person was actually driving…
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…