Arizona Criminal Defense Attorney Blog

The National Highway Traffic Safety Administration (NHTSA) recently conducted an evaluation of the Maricopa County DUI Court program. The purpose was to review the effectiveness of the program aimed at reducing <a href=”The National Highway Traffic Safety Administration (NHTSA) recently conducted an evaluation of the Maricopa County DUI Court program. The purpose was to review…

“Request made ‘unknowingly’; defendant lacked ability to adequately mount a defense” – says Judge On October 9, 2012, the Superior Court Judge in Maricopa County denied Michael Lee Crane’s request to represent himself at trial. Crane is accused three violent robberies and homicides in the Phoenix, AZ. The defendant claimed the reason he wanted to…

5 reasons police conduct Preliminary Breath Tests Arizona is one of a majority of states with Preliminary Breath Test (PBT) Laws. The PBT is a small mobile device used to establish the presence of alcohol in a person’s system. The PBT is intended to be used as an early detection or screening tool by police.…

October 2012 marks the 25th anniversary of the observance of National Domestic Violence Awareness Month. Every nine seconds a woman in the United States is beaten. Three women a day in the USA lose their lives. But victims are not limited to women. Victims can be men, children, brothers, sisters, grandparents, or other familial relationship.…

Domestic Violence Charges The police and prosecution take domestic violence very serious. They egregiously pursue convictions in these cases because they are considered to be a crime against a victim. Domestic violence refers to a familial relationship. The victim may be a spouse, partner, brother, sister, grandparent, child, or other persons residing together. Police have…

The 4thAmendment right put to the test: Unlawful search and seizure On September 25, 2012, the US Supreme Court agreed to hear Missouri, Petitioner v. Tyler G. McNeely. The decision could affect DUI blood test consent cases throughout the nation. The high court will rule on the issue of when the police need a warrant…

Establishing driver impairment is the most challenging element of a DUI Elements of a DUI There are three elements of a DUI charge in Arizona. Establishing impairment is the third, and most difficult to confirm. First, the facts need to establish that the motorist must be driving or in actual physical control of a vehicle.…

Much controversy still surrounds the Arizona Medical Marijuana Act, even though the state law approved use for medicinal by qualified card-holders. Users driving who are patients that possess a medical marijuana card arrest for both possession, and Drug DUI. Marijuana Possession Charges Under current law qualified patients of the MM cards may purchase 2.5 ounces…

On September 18, 2012, U.S. District Judge Susan Bolton released the temporary restraining order on the immigration provision in SB 1070 A.R.S. 11-1051 (B). The action was pursuant to the U.S. Supreme Court’s ruling on the matter in June 2012. At the center of a two year legal batter, is the provision in the law…

In Carillo v. Houser Maricopa County, the Arizona Supreme Court held that the Implied Consent Law, A.R.S. § 28-1321 did not authorize police to conduct DUI blood testing without a warrant. The exception is if the suspect expressly gives their consent for officers to administer the chemical test. It is not enough for a suspect…