James E. Novak
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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 case to the Superior Court for continued prosecution proceedings.

The issue in question was whether or not a motorist could be prosecuted for driving under the influence of Marijuana, even if the only evidence was blood test results that revealed a chemical compound that does not cause impairment; but can remain in the blood stream for a month.

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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 laughed in response to the Judge’s questions. He continued to remind her that the proceedings were to be taken seriously, and that they were not in a night club but a court of law. Unfortunately, she did not answer his questions seriously. As a result, the Judge then ordered bail of $10,000.00. At that point, the suspect made an inappropriate exit remark, and disrespectful gesture with her hand. The judge immediately demanded the suspect to return to the podium, and promptly sentenced her to 30 days in jail for contempt of court.

After serving 4 days in jail, the defendant retained a criminal defense attorney. He appealed the harsh 30 day jail sentence and $10,000.00 bond. The defendant formally apologized to the judge for her actions and explained she was under the influence of a controlled substance in her previous court appearance. The Judge remanded her sentence. She was released from jail, and the bond was dropped. She will participate instead in a substance abuse treatment program.

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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 found that although the lower court abused its discretion in denying certain discovery requests by the defendant because the record did not clearly establish what exculpatory evidence, if any, may have been produced if the request had been granted; and what effect it may  have had on the trial outcome. As a result, The 9th District court vacated the conviction and remanded for continued proceedings to include evidentiary hearings.

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“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 a person might be influenced by another. If the witness had not been fully attentive to the man who walked into a room, they may have remembered the man as a younger man, perhaps younger than he really was, simply because it was suggested. Many factors including other people may adversely impact the validity of a witness statement.

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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 suspension or loss of driver’s license. A conviction carries criminal and civil charges. Any DUI conviction in Arizona can potentially result in adverse collateral consequences for a person, including loss of their job, driving privileges, residency, and other freedoms they had prior to being convicted of a DUI.

Under Arizona Law A.R.S. 28 – 1381 it is unlawful to drive or be in actual physical control of a vehicle, if a person is “impaired to the slightest degree” due to any drugs, alcohol, or combination, thereof. This year, Drug DUI charges constituted 14 percent of the total annual impaired driving arrests. Arizona officials reported that many of those were the result of driving impairments caused by prescription drugs.

This law applies to any toxic drug and includes “prescription-only drugs”, as well as over-the- counter drugs, illegal drugs, narcotics, Medical Marijuana or dangerous drugs.

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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:

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Tempe Crime News

Tempe Police Officers recently used new technology to arrest robbery suspect.

Witnesses of an armed robbery reported seeing vehicle and driver fleeing from the crime. They described the vehicle and license plates to police following the incident. Police were unable to find or detain the suspect immediately.

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Domestic Violence Charges

Many victims of a Domestic Violence are unjustly arrested. This happens when, a domestic dispute takes place, and a victim calls #911 for police: When police arrive, the aggressor denies everything, and claims the victim was the aggressor, or provoked the argument. The victim is then arrested. If convicted, penalties are severe, and call for jail terms, fines, fees, anger management counseling and treatment, probation, and other penalties. Consequently the victim is victimized twice.

Often if police are unsure of the facts; who is telling the truth; and there were no eye witnesses, they will arrest the victim as well as the domestic aggressor. It is not uncommon for them to arrest the innocent party. The victim is left wondering why they ever called police in the first place. This happens because police feel pressured into making arrests, less they may be liable for death or serious injury resulting from disputes.

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False Arrests: One reason you should know the law and your rights

Unjustified DUI Arrests

“I told her…‘You’re making the biggest mistake of your life. I haven’t had nothing (anything) to drink”, said a suspect arrested by a former Utah State Trooper.

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Any assault against police, by word or conduct, is a felony in Arizona

Aggravated (Felony) Assaults of a police officer is serious in Arizona. Depending on the circumstances, classifications may range from Class 6 felonies, up to Class 2 felonies. The only offenses more serious than Class 2 felonies are reserved for the most serious Class 1 felony crimes, such as homicide.

Felony Assault of Peace Officer Laws

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Contact Information
Law Office of James Novak, PLLC
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Tempe, AZ 85282
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