James E. Novak
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National Center of Disease Control (CDC) weighs in on predictable effects based on BAC

A person’s BAC refers to the Blood Alcohol Content found in a person’s body. This can be measured through means of a DUI breath or Chemical Blood test. If a certain limit is exceeded, the motorist was found to be driving impaired due to alcohol they will be arrested for DUI charges.

Each state has adopted its own legal limit. In Arizona, the legal limit is 0.08%. Arizona is considered to have one of the motorist DUI laws in the country because it goes a step further. Arizona motorists may be arrested for DUI even if their BAC does not exceed 0.08%; and even if the motorist has not alcohol in their system.

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Vehicular crime laws in Arizona carry some of the most severe consequences and penalties. The Maricopa County Sheriff’s Office was granted additional funding in October 2012 investigation of vehicular crimes that result in serious and fatal auto crashes. The additional $30,000.00 funding will allow police to spend more time investigating DUI accidents and fatal crashes caused by driver impairment due to alcohol and drugs.

Vehicular Crimes Arizona

A “vehicular crime” can be described as any crime involving use of a vehicle. Driving “impaired to the slightest degree” DUI due to alcohol or drugs. This is the case, even if an accident or injury was not involved.

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What Police and city officials are doing to take back their crime plagued city.    

As the trial begins for the murdered ASU student, Kyleigh Sousa, Tempe Police and City Officials try to prevent, and control crime and take back the downtown areas.

What was once the center of fun, and enjoyable activities, and entertainment, has now become the center of organized drug gangs and violence.  We are reminded of not only the tragic death of this ASU student, but the shoot- out last year between gang members at a popular nightclub.

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Under Arizona Law A.R.S. 28-2831 (I) (6) DUI sentencing includes use of certified Ignition Interlock Device (IID) among other penalties.

Following reinstatement of fog a 90 day suspension for Misdemeanor DUI first time offense, the defendant will be required to equip their vehicle with a certified IID. The period of time ordered by the court may be 6 months to one year depending on the circumstances of the conviction. Factors the judge considered includes whether or not the impairment was due to drugs or alcohol; the degree of impairment; status and validity of driver’s license at the time of the stop.

Definition of Ignition Interlock Device

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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:

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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.

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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:

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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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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.

  • Never resist arrest –At the point police decide to make an arrest, you must cooperate. Limit any discussion. Do not argue. That will only lead to additional more serious charges. Resisting arrest may also compel the police to use force, which will result in physical harm to you.
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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

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Law Office of James Novak, PLLC
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