James E. Novak
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Rippling Impacts Arizona v. Zaragoza:  DUI arrests for being in “actual physical control” of a vehicle 

This weekend in the news we heard a popular motorcycle sports celebrity Robbie Knievel was allegedly arrested for DUI. Reports indicate the Police were called to Mr. Knievel’s parked motor home, near a famous Motor Cycle Rally. When they arrived on the scene, they found Mr. Knievel’s motor home parked; with Robbie Knievel patiently texting on his mobile device, while sitting in the driver’s seat of his parked vehicle.

Police reported that when they arrived they smelled a strong odor of alcohol, and asked him if he had been drinking. He admitted that he had been drinking a few beers, but DUI test results allegedly indicated his Blood Alcohol Content (BAC) tested 0.228 percent which was 3 times the legal limit in South Dakota. But there is more to this story. It was reported that the reason police were called to the scene, was that witnesses reported seeing him allegedly driving into two other motorhomes, causing damage, without stopping.

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Recent Amendment expands protections under Arizona’s “Stand Your Ground” Laws; not only to their homes, business, but anywhere else in Arizona “they have the right to be”.

Amidst heated debates over “Stand Your Ground” laws Arizona, businesses and homeowners continue to do what they must, to protect their home and property from intruders. For centuries, “Stand Your Ground” laws have existed and also referred to as the “Castle Doctrine” influenced by the age old adage “One’s home is their castle.”

Most states have some form of “Stand Your Ground” laws. These laws pertain to defenses that justify one’s actions, in what would otherwise be considered criminal conduct. Arizona has some of the broadest, most liberal “Stand-Your-Ground” laws in the country. One such provision is that a person can be protected under the laws if an incident where deadly physical force is reasonably necessary outside their home. In fact, it applies anywhere in Arizona where they “have the right to be”.

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State Marijuana Laws Pass Another Test of Strength.

Some see the Arizona Supreme Court’s refusal to disturb an Appeals Court ruling in favor of a Medical Marijuana Defendant’s rights, as win in the test of strength of the Arizona Medical Marijuana Law (AMMA). This is because the issues inherent in the case, extended well beyond the matter of returning a defendant’s Marijuana following dismissal of charges. They compel the state courts to address the conflicting federal laws on the prohibition of Marijuana.

Last week the Arizona Supreme Court, held the lower court’s ruling that Medical Marijuana Patients, who have not violated the law, are entitled to the return of the Marijuana seized from them in an arrests. The AZ Supreme Court Justices provided only a brief order, which in essence simply outlined their refusal to overturn the lower Appeals Court’s Ruling.

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Misconduct with Weapons and DUI enforcement top police priority list.

The Arizona Governor’s Office of Highway Safety (AGOHS) is working closely with law enforcement agencies to conduct DUI task forces in Phoenix, Tempe, Mesa, Chandler and Gilbert AZ, this July 4, 2013 weekend.

According to the recent statistics reported by the National Centers for Disease Control (NCDC) nearly one third of all fatal auto accident were the result of impaired driving; and according to Mothers Against Drunk Driving (MADD), one in every three people will be involved in an impaired driving motor vehicle accident. According to MADD, the average drunk driver gets behind the wheel to drive at least 80 times before they are arrested for their first DUI.

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AZ High Court uses “constructive possession” standard in reverse-sting operation case.

In State of Arizona v. Keven Ottar and Ruan Junior Hamiliton, recently, the Arizona Supreme Court affirmed the Appeals Court decision to continue prosecution of Marijuana Possession charges, even though the defendants did not leave with the drugs.

The case involved a “reverse-sting” operation where law enforcement officials went undercover and acted as dealers to sell illegal drugs, rather than buying them.  The defendants met with undercover detectives who agreed to sell a large quantity of Marijuana to the defendants. The defendants and undercover detectives completed most of all transactions of the sale. However, the defendants were arrested before they could leave with the drugs. Given this was a reverse-sting operation detectives did not allow the defendants to actually take and leave with the Marijuana. Multiple charges were handed down in the arrests, including Marijuana Possession charges.

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Measure would also liberalize Arizona’s strict Marijuana DUI laws. 

An initiative filed by “Safer Arizona”, seeks to legalize all forms of Marijuana for adults in Arizona. The words “We’re gonna legalize it” which appears on their website indicates their mission to end all Marijuana prohibition in Arizona.

The petition requires 259,213 signatures which need to be submitted before July 3, 2014, in order to be put on the November 2014 ballot in Arizona.

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“State of Arizona v. Hon. Jane A. Butler and Tyler B” Decision: The Impact of the AZ Supreme Court’s Ruling on Arizona Drivers.

In an unprecedented ruling, the Arizona Supreme Court rejected the Prosecution’s holding that all motorists who drive in Arizona, give their absolute voluntary consent to DUI breath or chemical testing, solely due to the existence of the “Implied Consent” traffic law A.R.S. 28-1321; and that the voluntary consent by a juvenile is not absolute.

This case involved a 16-year-old student who was accused of driving to school under the influence of Marijuana. The student was detained when after school security reported a strong odor of Marijuana in the vehicle, and drug paraphernalia in plain view inside the vehicle. The Court records revealed that the student agreed to have A DUI blood test, only after being handcuffed by police, informed of the existence of the Implied Consent Law, and then instructed that he was required to submit to the DUI chemical test.

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“All gave some; some gave all”.

1. Observance of Memorial Day began after the Civil War, in remembrance of those 620,000 who lost their lives in the deadliest war ever to occur on U.S. soil.

2. Out of the total number of deaths in the Civil War, a majority of the deaths, 400,000, resulted from disease. Combat resulted in 220,000 deaths.

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It is estimated that nearly 10,000 people die, 200,000 people are injured, due to DUI involved collisions every year. To combat the problem, the National Transportation Safety Board (NTSB) recently announced 19 recommendations to reduce DUI fatalities across the country.

A recommendation that has gained much attention is lowering the legal limit of 0.08% Blood Alcohol Limit (BAC) in all states to 0.05 percent. Currently all states have a 0.08% legal limit. At least 100 countries in the world have a 0.05% limit. A spokesperson for the NTSB reported studies that clearly show motorists with a 0.05% BAC or will experience driving impairments that include a decline in cognitive and vision functions.  This increases their risk of causing or being involved in motor vehicle collisions resulting in fatality or serious injuries.

Some studies show on average a person weighing 120 pounds or under, may reach .05% BAC after just one drink of intoxicating liquor, and a person weighing 160 pounds or under may reach the 0.05% limit after only two drinks. However, this can vary by gender; metabolism rate; alcohol tolerance; food or absent food; medications; and other factors that exist.

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On April 17, 2013, The U.S. Supreme Court ruled on Missouri v. McNeely, siding with the lower courts’ decisions in a 5-4 ruling to suppress DUI evidence from being used against the defendant.

The case involved a DUI stop, following a moving traffic violation. After questioning, the driver was arrested for suspicion of DUI, after he refused to submit to a DUI breath and blood test.

Following the arrest he was transported to a nearby hospital where a DUI blood test was taken by a lab technician, at the direction of the police officer. The blood test was conducted without the driver’s consent, and in absence of a warrant. The police officer made no attempt to obtain a warrant to collect the blood for the DUI investigation.

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