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 up 14 indicators, as well as probability levels of certain driving behaviors being consistent with impaired or drunk driving:
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 to bring charges for Misdemeanors and 7 years for Felonies. The court may grant an extension in which to prosecute charges if there is a justifiable reason that exists.
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 the center of the debate has been the center of the debate was the “Show me your paper’s” provision SB 1070 A.R.S. 11-1051 (B). The United States Supreme Court held that that enforcement of this provision by the State of Arizona was constitutional.
Last week, the Phoenix Police Chief Daniel V. Garcia’s weighed in on some common questions people have about how police will be forcing SB 1070 “Show me your papers” provision. Here are 10 things that a person can expect in a police stop:
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.
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 otherwise viable defenses. Here are some tips to protecting yourself from waiving defenses, or to limit the strength of the prosecution’s case against you.
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 a reasonable doubt that you were intending to exchange something for the drugs such as cash, weapons, or other illegal drugs.
It could also include evidence of paraphernalia in close proximity to the drugs such as scales, ledgers, text or telephone records; baggies and other evidence that suggest the Marijuana was in a person’s possession for sale or intent to sell. Sometimes, co-defendant’s testimony in the same case or a different case leads to finding, arresting and prosecuting suspects for possession with intent to sell.
Classifications for Marijuana for sale or intent to sell
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:
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 the Marijuana, they may be charged with Felony. The severity of the charges and punishment depend on the following:
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.
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 a justifiable defense. Arizona does not accept except ignorance, or lack of knowledge that a particular law exists as a valid defense. This is described under Arizona Law A.R.S. §13-204 (B). Not being aware or having knowledge of the law does not relieve a person of criminal liability. Mistake or lack of knowledge of the law itself, is not itself a justifiable defense
Mistake of Fact
Arizona DUI & Criminal Defense Attorney Blog