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Where were you arrested? A DUI is a state offense, but each jurisdiction handles them slightly differently.

Arizona DUI Defense Blog

DPS chief: Arizona high court ruling doesn�t change DUI laws

The state Supreme Court recently ruled that people with medical marijuana cards cannot be arrested for possessing weed extracts. But the director of the Arizona Department of Public Safety, Col. Frank Milstead, told a Phoenix TV reporter that the ruling does not change the state’s DUI laws.

“Just because the Supreme Court said you can now possess those (extracts) with your medical marijuana card, it does not mean that you can drive impaired or drive under the influence of those,” Milstead said.

Can the police trick you into a breathalyzer test?

Police are supposed to have reasonable suspicion before pulling a driver over for possible DUI in Arizona. But coercing a breath test out of the driver AFTER the stop has been made may be taking probable cause a little too far, at least that’s what an Arizona Appeals Court has decided. During the case, Angel Soza alleged that the police had tricked him into consenting to a breath test during a stop, and the courts agreed with him. At least partially. While the ruling stated that the illegally coerced breath test could not be used as evidence, they found that the officers in question should not be charged with improper conduct. 


Arizona Memorial Day DUI arrests up over last year

A few days ago, all of Arizona paused to remember the brave men and women in the U.S. military who gave their lives to defend the nation. While Memorial Day is a solemn remembrance, it is also an occasion for family and friends to gather and celebrate.

However, it is also a time when Phoenix-area law enforcement agencies ramp up their drunk driving enforcement efforts. According to data from the Governor’s Office of Highway Safety, the number of people arrested for DUI in Arizona over the holiday weekend was up slightly over last year’s total.

Victory for Medical Marijuana Card Holders

After more than 6 years of litigation and setbacks from the Arizona Court of Appeals, the Arizona Supreme Court finally handed Arizona's medical marijuana patients a victory in shutting the door on prosecutions of those patients for possessing their medicine.

The Arizona Medical Marijuana Act (or "AMMA") provides a defense to arrest, prosecution, or penalty for possession of marijuana by a qualifying patient.

Arizona Cinco de Mayo arrests up 30 percent

While Cinco de Mayo is an annual observance every May 5 of a Mexican army victory more than 150 years ago, it has evolved in the U.S. to become a celebration of Mexican-American culture. Unfortunately, like many popular cultural festivities, it has become a focal point by law enforcement agencies across Arizona eager to arrest drivers for drunk driving.

According to a recent news report by Phoenix’s KTAR-TV, police departments across the state reported that they made nearly 30 percent more DUI arrests this past Cinco de Mayo than they did last year.

Should I Bother to Apply for A Set Aside?

Unlike many other states, Arizona does not have an expungement law on the books. That means that once you are convicted of a crime, that crime will stay on your record forever. Fortunately, that's not the end. Arizona law provides for those convicted of certain crimes to apply to have their conviction set aside.

What does a set aside do?

If granted, such a petition sets aside the judgment of guilt. This means that you are no longer guilty of the offense that you were convicted of. The charging instrument, be it a complaint, information, or an indictment is dismissed. That means that you can truthfully say that the charges were dismissed. Finally, you are ordered released from all penalties and disabilities resulting from the conviction with few exceptions related to the Motor Vehicle Division and the game and fish commission. A set aside updates your criminal history with an annotation that the conviction has been set aside.

Get an expert's help after an Arizona DUI arrest

There are certain situations in life that require expertise to address properly. Serious illness or injury requires the expert knowledge and skills of a doctor, of course. And homeowners who have tried to do extensive plumbing repairs are almost unanimous in urging others to hire a plumber the next time your pipes start leaking.

A look at Arizona's extraordinary drugged driving efforts

Most of us think of DUI as an alcohol-related offense. While that is usually accurate, it is also true that more and more DUI arrests here in the Phoenix metro area involve allegations that prescription drugs, marijuana or other substances are involved.

A recent Pew Charitable Trusts article highlighted the extensive efforts made by Arizona and other states to test and arrest drivers suspected of drugged driving. Critics claim that this is because police and crime lab funding are falling short because fo the drops in DUI’s due to generational awareness and technological increases.

Talk to an attorney about possible Arizona DUI defenses

No one drives around the Phoenix metro area hoping to get pulled over by a police officer. But if you drive long enough, it is likely at some point that you will see a police car behind you light up and signal you to stop.

If this happens to you and you are arrested for drunk driving, one of the first things you’ll do is to speak with an attorney about the circumstances of the traffic stop, the evidence and the possible DUI defenses available to you.

The "Distracted Driving" Bill Will Ban Much More Than Just Texting While Driving

It is widely accepted by the public that texting while driving is dangerous and can lead to traffic accidents. Statistics show there were a reported 776 accidents in 2016 being listed as caused by a driver manually operating an electronic device.1 Those accidents resulted in five deaths and 275 injuries.2 Arizona is one of only three states in the country without extensive texting while driving laws.3 While most of us would agree that a bill that specifically bans texting while driving would create safer Arizona roads, the current bill introduced by Arizona Senator Mesnard does not specifically ban texting while driving at all. Here is the full proposed State Bill 1141:

We play an active role in the civic life of the Phoenix metropolitan area.
We support Scottsdale's Taste of the Town festival that benefits the local chapter of the Muscular Dystrophy Association as well as the annual Toys for Tots campaign. Our firm also contributes to a number of other local organizations, including Home 'Fur' Good, a nonprofit dedicated to eliminating the euthanasia of adoptable homeless cats and dogs in Maricopa County.
AACJ Arizona Attorneys for Criminal Justice Avvo Rating 10.0 Superb Top Attorney DUI Super Lawyers Arizona Trial Lawyers Association Attorney At Law Magazine Contributing Editor Arizona Attorneys For Criminal Justice Established 1986

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