Articles Posted in Arizona DUI Defense

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In Arizona criminal cases, the defendant can argue that the evidence seized was in violation of his statutory or constitutional rights, and should not be admitted in a trial against him. This is normally done through a motion to suppress evidence. These motions to suppress are very common in Arizona drug cases, as well as Arizona DUI cases.In general, a court may grant a defendant’s motion to suppress when it finds that a police officer’s conduct in obtaining the evidence violated the defendant’s rights. However, under A.R.S. section 13-3925, the evidence will not be suppressed if the prosecution can establish that the officer’s actions were based on a “reasonable, good faith belief that the conduct was proper.” This is called the good-faith exception to the exclusionary rule.

The exclusionary rule is the general rule that precludes evidence from being admitted if it is seized in violation of a defendant’s constitutional or statutory rights. Thus, the good-faith exception acts to allow some evidence that would otherwise be inadmissible under the exclusionary rule. A recent case illustrates how courts apply the good-faith exception to the exclusionary rule.

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In many Arizona criminal cases, the issue of witness credibility is key. This is because, by and large, most cases present two sides of the same story. Whichever side the judge or jury believes is generally the side that prevails at trial.Whether it be the testimony of a complaining witness, the arresting or investigating police officer, or the defendant himself, the importance of establishing that a witness is being truthful is crucial to the side calling that witness. On the flip side of the coin, the opposing side will often attempt to establish that an adverse witness is biased, untruthful, or somehow mistaken about their remembrance of the facts. This is most often done through cross-examination.

When a witness testified, he or she will first be asked questions by the party calling that witness. This is called the direct-examination of a witness. After that party concludes their questioning, the opposing side will then have an opportunity to ask questions of the witness through cross-examination. A skillful cross-examination can highlight problems with a witness’ testimony, casting doubt on that witness’ credibility.

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In a recent unpublished Arizona DUI decision, the defendant was convicted of second-degree murder, DUI, and extreme DUI. He was sentenced to 12 years’ imprisonment for the murder charge. His DUI sentence was suspended, and he was put on two five-year probation terms set to start after he served his prison sentence.

The case arose shortly after 2:00 a.m. in 2014 when the defendant drove his car at between 73 mph and 93 mph into the back of the victim’s car at an intersection where the speed limit was 35 mph and there was a stop sign, which caused the victim to die of multiple blunt force injuries. The defendant had been drinking vodka at his friend’s apartment about a mile from the accident, and he couldn’t remember what happened between drinking the first drink and sitting at the accident scene.

The officer who was dispatched saw that the defendant was flushed with watery eyes and that his breath smelled like alcohol. Several officers saw six out of six cues on a field sobriety test, and when they told the defendant he would be charged with second-degree murder, he laughed and said okay. His alcohol level was tested three times and averaged .223.

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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 of State v. Avalos, the defendant appealed after being convicted of aggravated DUI and aggravated driving with a blood alcohol content of .08 or more while his license was restricted, revoked, or suspended. He had been sentenced to concurrent terms of 10 years in prison.

A Tucson officer stopped the defendant after the officer checked the records and found the registration for the defendant’s car had expired eight days before. The officer approached the car, and the defendant got out and handed him his keys, saying he knew that the officer would tow the car. The officer took him back to the car and saw open beer bottles on the floor of the car at the driver’s seat.

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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, 2016, that 2016 could go down as one of the worst years for drunk driving deaths.

The 10,265 people killed in alcohol-impaired crashes in 2015 was an increase of nearly 300 from 2014, and 2016 was shaping up to be even deadlier. Mark Rosekind of the National Highway Traffic Safety Administration (NHTSA) told CBS News that the agency was seeing increases it had not seen in 50 years.
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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 number of decisions in marijuana DUI cases that make it more difficult for prosecutors to convict registered qualifying patients under the Arizona Medical Marijuana Act (AMMA).

The most such recent decision came from Division One of the Arizona Court of Appeals. On December 22, 2016, the Court of Appeals vacated the conviction of man charged with driving while marijuana or its metabolite was in his body.

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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 use of marijuana for individuals 21 or older, failed in Arizona.

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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 enforcement agencies throughout Arizona will increase DUI patrols over the July 4th weekend. Starting Friday, July 1, 2016 law enforcement, including the Phoenix and Tempe police departments, will have an increased presence throughout Maricopa County looking for drivers impaired by drugs and/or alcohol.

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On November 20, 2015, the Supreme Court of Arizona decided Dobson v. McClennen (P.3d, 2015 WL 7353847, Arizona Supreme Court 2015). The decision has important implications for individuals that use medical marijuana and might have THC or its metabolite in their system but drive at a time when they are not impaired. Jokingly called the “Driving While a Habitual User of Marijuana,” these prosecutions are no joke.

Although the responsible use of cannabis for medical purposes has largely been decriminalized in Arizona, prior to this decision the DUI laws effectively made it a crime to drive as a medical marijuana patient (even after the impairing effects faded and disappeared). In other words, using medical marijuana should not automatically be a DUI when there was no actual impairment at the time of driving.

The decision in Dobson v. McClennen didn’t make either side happy. The defense wanted a ruling that Medical Marijuana Patients were immune from the “per se” version of DUI under § 28–1381(A)(3). On the other hand, the prosecution wanted a ruling that a positive blood test meant an automatic “per se” DUI conviction under § 28–1381(A)(3). The Court rejected both positions and came up with a middle ground that leaves many of the complicated issues surrounding driving after consuming medical marijuana unresolved.

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Plus 3 Safety Tips for Drivers to Begin Your Year-End Holiday Festivities  

This holiday season we wish to remind Arizona drivers that the new ban on Texting and Driving in Tempe AZ is in effect.

Tempe joined Phoenix, AZ, and several other cities to ban texting and driving with what is being called the toughest law in the State.

Police will be on the lookout for drivers with cell phones in their hands.

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