On Tuesday May 6th, 2014, the Arizona Court of Appeals announced a ruling that bars the city law enforcement from arresting someone solely on the basis of being incapacitated by alcohol in public. The ruling was pre-empted by a 1972 state law that prohibits criminalizing someone for "being a common drunkard or being found in an intoxicated condition."
The United States Supreme Court recently issued another blow to the 4th Amendment, which protects against unreasonable search and seizures. The ruling caused controversy when they declared that a vehicle may be stopped based on an anonymous 911 tip.
Arizona's harsh penalties for a DUI conviction have been very well documented in this blog. However, what happens when we apply these penalties to people that are visiting Arizona and have been convicted of a DUI?
This past weekend, Rosenstein Law Group was happy to kick off the holiday weekend on Saturday at Wingstock held at the Mesa Amphitheater. The event kicked off with an Easter egg hunt at 10:30 am, and at 11 am was open to the public for a fun-filled day of wings, beer, and live music.
Many defendants ask whether it matters if the officer signed the complaint or ticket at the site of issue. Unfortunately, this is a complicated topic without a concrete answer. Arizona cases have not addressed this question squarely; however, in Erdman v. Superior Court of Maricopa County, the court held that lack of a signature alone was reason enough to dismiss the case. Erdman v. Superior Court, 102 Ariz. 524, 433 P.2d 972 (1967). In Erdman, one officer arrested the defendant while another officer signed the complaint. The issue was whether a criminal complaint was signed by someone who merely relied on another's information, which said that the defendant committed some illegal activity, and if that is sufficient to present in court.
Underage DUIs, or "Baby DUIs" as they are referred to, are unique in Arizona because they are handled in part like a juvenile case and in part like an adult DUI. For instance, If you are under the age of 18 (and not too close to your 18th birthday), your case will be filed in juvenile court, likely in Mesa, Arizona, where the consequences and sentencing structure are significantly different than adult courts like Scottsdale City Court or Tempe City Court..
People are often confused by the difference between city jails, county jails and prison. While these facilities are similar there are several important differences.
This weekend there was "all the fixin's" at the 5th annual Arizona BBQ Festival held in Scottsdale at Salt River Fields. There was no shortage of entertainment this weekend, because if tons of smoked meat and beer wasn't enough to entertain you, there was always live music playing throughout the day, along with the "redneck zone". The "redneck zone" was an 18+ area where there were themed games and contests happening throughout the day. From a watermelon seed spitting contest, to keg rolling, to a mullet beauty pageant, there was never a dull moment in the day.
Last week attorney Craig Rosenstein shared his legal knowledge with a group of students in a Law Office and Client Management class, taught by fellow attorney, Alexander Y. Benikov, at Arizona Summit Law School. He combined his legal background with his entrepreneurial skills and spoke on how to start, run, and grow one's own law firm, just as he did with his business, the Rosenstein Law Group.
At the Rosenstein Law Group we understand that everyone is human and people make mistakes, such as drinking and driving. We also believe that one mistake should not ruin the rest of your life. That is why we offer a service called a set aside. A set aside is the closest thing, in Arizona, to a more common term called expungement.