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.
On April 22, 2014, the Arizona Supreme Court shut down the government's ability to prosecute Arizona motorists for driving under the influence of marijuana unless the person is impaired at the time of the stop. The ruling focuses on two chemical compounds found in marijuana; Carboxy-THC, which does not cause impairment, or Hydroxy- THC, which does cause impairment. The issue presented was whether the legislature intended to include "its metabolite" in the plural form which would include Carboxy-THC, even though it has proven to be non-impairing.
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.
Summer is quickly approaching and people are starting to plan their summer getaways. Whether you are jetting off to a tropical paradise or hopping a short plane ride over to California for your vacation, here is a little insider tip, FLY responsibly.
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.
In a recent court case, Maricopa Judge Katherine Cooper ruled that the use of marijuana extract, a variation of the plant used to make marijuana products such as candies and lollipops, is legal. Judge Cooper's decision overruled a view held by some that the 2010 Arizona Medical Marijuana Act only allows the consumption of actual pieces of the marijuana plant.