Articles Posted in Arizona DUI Defense

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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 impaired due to Marijuana found in their bloodstream.

Marijuana can actually remain in the blood stream for days and even weeks depending on how much was inhaled or ingested, and the frequency of use. In some cases, traces of Marijuana can be found after a month of use has passed.

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“Never underestimate the power of an effective pre-trial motion.”

Pre-trial Motions Defined

Rule 16 of the Arizona Rules of Criminal Procedure governs Pre-trial motion practices for both the prosecution and defense in DUI or criminal case. They take place following the defendant’s arraignment and prior to trial, and set limits or boundaries for trial. After a pre-trial motion has been filed, a short hearing will be held with the Judge, prosecutor, and defense attorney. The court will allow both sides to argue their position, and then the judge will rule on it (grant or deny). Trial may not commence until the issue (s) raised in the pre-trial motion are resolved.

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Motions to Dismiss

Under Arizona Rules of Procedure, which govern criminal cases, your defense attorney may be able to file a motion your DUI or criminal charges based on facts surrounding your case. In order for the presiding judge to grant a dismissal, the request must be make in writing, it must be justified and supported by Arizona law, legal case citation, or specified constitutional right.

Types of Motions that may lead to dismissal of Chandler DUI charges

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Standard Field Sobriety Test v. Field Sobriety Test

Field Sobriety Tests in Arizona are a battery of preliminary roadside test that police use to screen impaired drivers. The National Highway Traffic Safety Administration (NHTSA) has only three approved  roadside tests referred to as Standard Field Sobriety Tests (SFST)s which are sponsored and developed to assist police offers in early detection of DUI and DWI suspects. Police officers must be formally trained and accredited to administer the tests. The three standardized tests are:

  1. The Horizontal Gaze Nystagmus (HGN)
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Tempe AZ Driver’s License Revocation

If your Tempe driver’s license was revoked it means your Arizona driving privileges have been withdrawn indefinitely. Driver’s license revocation usually results from serious DUI or criminal convictions that involved driving a vehicle. For many people, license revocation is more than just an inconvenience. It can be devastating for them and their families. This article provides insight into what types of Tempe DUI or criminal charges have the potential to result in driver’s license revocation in Arizona, and how you can get it reinstated.

Criminal Convictions that Result in Revocation of Driver’s License

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If you face Tempe DUI or criminal charges, a free consultation with a Tempe criminal defense lawyer or Tempe DUI attorney is a must. You should never “plead guilty” or go to court unrepresented, without at least speaking with a private practice criminal defense lawyer about your matter. There may be defenses that they can use to help you get your charges dismissed or harsh sentences reduced.

Free Consultations

You should know what to expect out of the free consultation. Here are 7 facts and tips to help you get the most out of it:

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AZ Driver’s License Revocation

Driver’s License revocation is the withdrawal or removal of a person’s privilege to drive, for an indefinite length of time.  Revocation of a driver’s license in Arizona is usually the result of multiple or felony DUI convictions or other serious criminal convictions. For many, license revocation can be devastating on a person’s life. It could mean the loss of their job, or future job opportunities, and other adverse impacts on a person or their family.

Chandler DUI Charges & Criminal Convictions that Result in Driver’s License Revocation

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