Why Missouri v. McNeely won’t have much impact in Maricopa CountyA recent U.S. Supreme Court decision may not change Arizona DUI law, but it may bring the rest of the nation more in line with Arizona’s policies. Phoenix AZ court’s Search Warrant Center is available 24 hours a day, 7 days a week for police…
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DUI one of four main causes of fatal and serious auto accidents on Arizona roadways. Enforcement of Arizona’s tough DUI laws tend to ramp up in May, especially over Memorial Day weekend and around graduation festivities. Last year, police arrested 3,129 people for DUIs between May 1 and May 31st, 556 of those arrests were…
Continue reading ›How National Agency’s Recommendations Will Impact Arizona Drivers Arizona has tough DUI laws. They may get tougher, but not by much. The National Transportation Safety Board (NTSB), an independent federal agency, recently recommended, among other things, that the blood alcohol threshold be dropped from .08 BAC to .05 in all 50 states. Those drivers whose…
Continue reading ›The Court of Appeals of Arizona recently decided an appeal regarding aggravated DUI in the case State of Arizona v. John Patrick McDonagh. This is an interesting case that works in favor of DUI defendants. It arose when the State charged the defendant with four counts of aggravated DUI. These were all variations on the…
Continue reading ›Driving drowsy isn’t a crime. But it can lead to other serious vehicular offenses including DUI or reckless endangerment. The National Highway and Traffic Safety Administration (NHTSA) and the National Center for Disease Control (CDC) have released reports about hazards of “drowsy driving”. Both of these are high risk behaviors that can result in serious…
Continue reading ›Tempe Police warn drivers to plan ahead. Tempe Police Department announced this week that it will be working in cooperation with Scottsdale Police, Maricopa County Sheriff’s Department, and the AZ Governor’s Office of Highway Safety in a joint DUI Task Enforcement. It is scheduled to take place surrounding the 2013 St. Patrick’s Day festivities, beginning…
Continue reading ›Arizona Court of Appeals rules non-impairing Marijuana ingredients qualify for DUI prosecution. A recent Marijuana DUI dismissal was overturned in favor of the state and moved for continued prosecution in the Arizona Court of Appeals. The main legal issue was whether or not a motorist could be prosecuted for Marijuana DUI when the only evidence…
Continue reading ›Why Disorderly Conduct Charges are often challenged and dismissed “Disorderly Conduct” is also known as “Disturbing the Peace”. There are a number of offenses under Arizona Criminal Code A.R.S. 13-2904 that fall within the classification of Disorderly Conduct. These are among the most successfully challenged criminal offenses due to their vague and sometimes biased nature.…
Continue reading ›The Mayor of Phoenix AZ recently announced plans for the largest Gun Buyback Program to be held in May 2013. It is being funded by an anonymous donation of $100,000.00. A Gun Buyback Program is an organized jurisdictional effort to compensate gun owners in return for their guns. The goal is to take unwanted guns…
Continue reading ›The correct way to confront your accuser as afforded under the 6th Amendment of the US Constitution. Your Legal Rights to Confront Your Accuser or Witness A defendant has many rights under the State and US Constitution. The 6th Amendment of the US Constitution affords the accused of the right to confront their accuser or…
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