Over the course of my legal career, I have heard many misguided expectations of what people expect in the way of leniency when facing DWI/DUI charges. There are always reasons for someone to believe their circumstances are special and worthy of getting a break. But the one that prompted this post was a national news story about a single mother DUI with her three-year-old child in the car. Unfortunately, these days, neither the Courts nor the Prosecutors office give any deference to anyone's occupation or marital status when meeting out punishment. In other words, single moms don't get any additional love, merely because they are single moms.
Having recently posted about the important points of the way Arizona approaches BAC testing, I thought I'd use this opportunity to go over another often misunderstood element of DUI arrest - the police report.
You face harsh penalties for driving under the influence (DUI) in Arizona. Leaving the scene of a DUI only complicates the circumstances. Whether you caused the accident or were involved in the incident, by law, you are required to stop and failing to do so can result in a felony arrest.
The blood alcohol concentration (BAC) test is a topic that has always sparked a lot of interest anytime it comes up within a legal context. In Arizona, if you, or someone you know, is pulled over by the police and they believe you were driving under influence of alcohol - can you (and should you) refuse to submit to a breathalyzer, blood or urine test?
On Wednesday June 25th, 2014, the Supreme Court ruled that police must obtain a search warrant in order to gather information from a suspect's cell phone. This ruling was passed in order to protect American's privacy rights in the digital age.
Craig Rosenstein was welcomed into the American Society of Legal Advocates (ASLA) earlier this year as a Top 40 Criminal Defense Lawyer Under 40 in the state of Arizona. This award is given out to lawyers who have demonstrated leadership and success early in their careers, and who foster growth in the legal profession by upholding the highest standards of practice.
People who don't live in Arizona, or even Arizonians who don't live in Scottsdale or Maricopa County, are shocked when they learn about how DUI charges are initiated and prosecuted in Arizona. Not only are people horrified to learn that the police officers here can haul you into the jai and forcibly draw your blood themselves, but are more shocked by the draconian the sentencing scheme which provides for some of the harshest penalties in the nation.
With a DUI case in Arizona, the court where your case ends up can be just as confusing as the actual case itself. Due to the differences in charges, locations, and police agencies, your Arizona DUI case can be filed in any one of three different courts and locations: either in Superior Court, in a Justice Court, or in a Municipal Court (also commonly referred to as City Courts). These differences depend largely on the type of DUI case filed, where your Arizona DUI arrest took place, and finally which agency was responsible for the arrest.