If you are ever in a situation where you are being accused of driving under the influence of drugs (prescription or illicit), it is important to know that you may be asked to take a DRE examination. A drug recognition evaluator (DRE) is a police officer who took a class which purported to teach him or her how to recognize impairment in drivers under the influence of drugs other than or in addition to alcohol. These officers are given basic instruction on the effects of different types of drugs on a human body as it relates to DUI's. As with alcohol related DUI's, Attorney Craig Rosenstein wants you to know that it is unwise to do the roadside balancing tests or submit to the drug recognition evaluation. It would be wise to firmly but respectfully decline to take any type of field sobriety test (balancing tests) or DRE examination, because the information that is gathered always presumes impairment and is one sided and lacks scientific reliability.
In Arizona, your driving record and any citations may affect your ability to maintain a license and drive without restriction. Moving violations in a car have associated points depending on the severity of the offense. Any DUI related conviction carries eight points and if you accumulate thirteen or more points within a twelve month period of time, your license will be suspended. Other offenses, such as speeding, carry two or three points and you may be eligible for Defensive Driving School to clear your record.
What is the resulting effect if a police officer does not read the Miranda warnings verbatim to a suspect? Put another way, do police officers have to provide Miranda to suspects in its exact form? The short answer is no. Certain warnings must be given before a suspect's statement made during custodial interrogation could be admitted in evidence. The general rule is that Miranda warnings must reasonably convey the rights afforded to the defendant. "We have never insisted that Miranda warnings be given in the exact form described in that decision." Duckworth v. Eagan, 492 U.S. 195, 203, 109 S.Ct. 2875, 2880, 106 L.Ed.2d 166, 177 (1989). The warning must touch all the "bases required by Miranda." The question is whether the warnings reasonably "convey to [a suspect] his rights as required by Miranda."
Last Friday started Arizona's state wide crackdown on DUI enforcement for the Memorial Day weekend. This crackdown was yet another attempt to enforce Arizona's already strict drinking and driving laws, and to prevent injuries and fatalities due to automobile accidents.
When you are sick, you go to the doctor and if needed, they will provide you with a prescription. Now depending on the drug prescription, they will also advise you to not drive or drink while on this medication. Listen to these professionals, because this advice may save you from a DUI.
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."