Arizona Criminal Defense Attorney Blog

The Arizona Supreme Court provided a unanimous decision in a recent Marijuana DUI ruling. The court took a closer look at how the AMMA impacts prosecution. The Supreme Court ruled that Medical Marijuana card holders are not immune from prosecution under the state’s DUI law, which prohibits drivers from having in their blood marijuana or…

Your Guide to understanding the DUI blood test with medical treatment warrant exception. A DUI blood test taken by Police for investigating impairment is considered a search and seizure, protected by our 4th Amendment rights. This means that to obtain DUI blood or chemical evidence police would need either consent; or a warrant to order…

“Feeling gratitude and not expressing it is like wrapping a present and not giving it.” -William Arthur Ward The Expert Institute recently announced the results of their 2015 Best Legal Blog Contest.”Thank-you”. Though heard often, these two words carry the utmost sincerity, gratitude and appreciation. Thanks to all friends, friends of friends; family, extended families,…

♦ Featuring Tips from Authorities: How to Safely Respond (or not) to Road Rage ♦ Our Federal and State Constitutions afford us the right to bear arms, to protect ourselves, our families, and others from immediate harm due to serious crimes in progress. So why then, must we be concerned with facing criminal charges if…

Thanks to each of you who nominated our blog for the Expert Institute’s Best Legal Blog Contest. ♦You can cast your vote right from this page for the finals.♦ We would sincerely appreciate your help in sharing this with our call to action as well. We are grateful to announce that our Arizona DUI &…

Part I of II Introduction This collaborative two part series was inspired by my friend and colleague, Eyitayo Ogunyemi, LL.B, B.L, Attorney and Human Rights Advocate in Lagos, Nigeria. This is part I of II which applies to Phoenix, AZ laws, in the USA. Eyitayo Ogunyemi has written Part II, which applies to Lagos, Nigerian…

Why Two Appeals Court Rulings Contrasted: Justices Review Effects of AMMA on Marijuana Odor on Probable Cause. In late July, two different Appeals Courts in Arizona released contrasting opinions involving appeals to dismiss the Marijuana evidence due to lack of probable cause for the search. In both cases the defendants argued the because of the…

In a tragic turn of events, Phoenix police reported that a 14-year-old boy, driving a mid-size sedan, allegedly under the influence, sped through a red light signal and crashed into an SUV. The SUV was carrying three people, a man, his girlfriend and his girlfriend’s three-year-old daughter. The toddler was thrown from the SUV and…

Under the Fourth Amendment of the U.S. Constitution and the Arizona Constitution, you have a right to be free from unreasonable searches and seizures. This means that in most cases, a warrant is required to search your home, with few exceptions. The exceptions include situations where “exigent circumstances” exist. This allows police to make a…

Police cannot prolong stop’s duration beyond its initial purpose, without reasonable suspicion. The United States Supreme Court recently decided an important case that tilted in favor of 4th Amendment protections against unlawful detention, search and seizures. The case arose when a K-9 police officer pulled over the defendant for moving traffic violation. The driver was…