Arizona Public Records Release Law
Under Arizona’s Freedom of Information Laws pursuant to A.R.S. § 39 – 121 is entitled to request their DUI police incident report. Your report is required to be released to you when it is available and upon receipt of the required fee by the police department
How to request a copy of your DUI incident report
Arizona Drug DUI – Medication DUI Charges
In Arizona, you may be charged with Drug DUI under A.R.S. § 28-1381. Under this law, a driver can be arrest for DUI even if they have not consumed any alcoholic beverage. If convicted, a person will be exposed to the same or similar penalties as those that apply to drunk driving convictions. Even the simple presence of a drug in your system is enough for the Gilbert Police to charge you, if they have probable cause to believe you were driving “impaired to the slightest degree”. Drug DUI offenses charged as Class 1 Misdemeanors. A conviction carries penalties that include 10 days in jail; suspension of driver’s license for 90 days; probation; drug and alcohol counseling and education program participation; and fines, fees, costs and assessments that exceed $1,200.00.
Drug DUI Defenses Arizona
Portable Breath Test Unit
A Portable Breath Test (PBT) Unit is a hand-held mobile device, used by police in Arizona DUI field stops. The PBT is a preliminary DUI breath test tool used to test a person’s Blood Alcohol Content or BAC. The purpose of the PBT is simply to distinguish if a driver is under the influence of alcohol or drugs. It an early screening and detection tool only. If used to obtain a reading, it must be followed up with use of a formal breathalyzer test for alcohol, or chemical tests for drug impairment determination. Arizona prohibits use of a PBT as admissible evidence in court.
Why PBTs are not Admissible in Scottsdale AZ Courts
Jurisdiction as it relates to criminal charges is a certain Court’s authority to hear specific types of cases. It involves both geographic elements as well as legal authority afforded by the State, County and Federal laws. Felonies and Misdemeanors have are heard in different courts. Generally, the city, county and state where a person is arrested, or accused of a crime, is the geographic location where the criminal justice court proceedings will begin. Below are some facts and guidelines for Arizona court jurisdiction for felonies and misdemeanors in Maricopa County:
An arrest is not a conviction. You should always invoke your right legal representation for your charges. Here are a few of your initial rights following an arrest in Chandler, you should preserve in your defense:
Theft charges may be brought as Misdemeanors or Felonies. Felony Thefts are those where the values or dollar amount of stolen property exceed a specified amount by law. Other factors are also considered including the nature or type of items stolen. Felony thefts will be charged under ARS § 13 – 1802 if the value of stolen property is:
“When a defendant pleads “not-guilty” due to a “justification” defense, they are basically affirming that they used force against another person, for a justifiable reason described under A.R.S. § 13-411; and thus, their actions did not constitute a criminal defense.”
Justification laws are sometimes referred to as “Stand Your Ground” laws. They refer to actions of another resulting from self-defense, or force needed by a person to prevent criminal conduct against them. Some Arizona laws that relate to Justification defenses are found under
A.R.S. § 13 – 205 and A.R.S § 13 – 411. Arizona is one of more than 20 states who have enacted such legislation involving “Stand Your Ground” laws. The states that have such laws, use their own variation of language and provisions. In Arizona a person may lawfully use force in self-defense:
Misdemeanor assault charges are raised to felony or assault charges, when certain aggravating factors surround the assault. Aggravated assault charges are taken very seriously in Arizona because they are crimes that harm or injure another person or victim. All Felony Assault charges carry prison sentencing if convicted in Arizona. You will need an experienced assault defense attorney to legally represent you to assure you will be treated fairly; protect your rights; and defend your charges.
Arizona Aggravated Assault: A.R.S. § 13-1204 (A) Classification
A person may be charged with aggravated assault under A.R.S. § 13-1204 (A) if the person knowingly, recklessly, or intentionally provoke, injure, insult, cause physical injury or harm to another person. Specifically a person may be guilty of felony assault or aggravated assault if they:
“Constitutional rights should be recognized and restored, no matter what the cost”
Arizona HB 2284 – DUI; Jury Trial Rights Signed into Law
Arizona legislation signed into law April 11, 2012, has restored jury trial rights to first-time DUI offenders. AZ HB 2284 was signed into law by Arizona Governor Jan Brewer. Under the act, a provision was put in place to make it retroactively effective to December 31, 2011.
“In the midst of even the most serious drug charges, a good criminal defense attorney may be able to argue justifiable defenses that often lead to a case dismissal, or other favorable outcome in your case.”.
A large number of drug crimes in Tempe AZ are charged as felonies. Depending on the nature of the charges, you could be exposed to harsh penalties. If a large quantity (exceeding statutory Threshold Amounts) of an illegal drug or substance is found in your possession, you may face mandatory prison sentencing. Defendants accused of possessing large quantities of illegal drugs usually faced with charges of “possession with intent to sell” or “selling illegal drugs”. In either case, your freedom and future are at stake. You should consult an experienced criminal defense attorney to discuss your matter, and options for defense. If retained, a good criminal defense lawyer, will be able to evaluate your case and find viable defense that can be used to challenge your charges.
Drug Possession Defenses
Arizona DUI & Criminal Defense Attorney Blog