Looking up at ceiling of white courthouse in the middle of 4 pillars

01|2023

What is a Conviction Set-Aside?

A common question people ask is what is a conviction set-aside? A set-aside changes the labeling of the conviction from “guilt” to “set-aside”. Also, it takes away certain negative consequences a “guilty” label carries. Indeed, A.R.S. 13-905 allows most misdemeanor and felony convictions to be set-aside. However, certain crimes may not be set-aside. Specifically, dangerous… Read more »

Wrong Way Sign with symbol for wrong way on top and letters wrong way on bottom. Colors are red and white.

01|2023

Aggravated DUI Driving Wrong Way on Highway

An Aggravated DUI driving wrong way on the highway is a class 4 felony in Arizona. A.R.S. 28-1383(A)(5) defines the elements of the offense the State must prove beyond a reasonable doubt. Indeed, the State must prove a person was (1) driving or in actual physical control of a motor vehicle; (2) while impaired or… Read more »

Person Sitting in vehicle from back seat; Person in rear view mirror frustrated

01|2023

Aggravated DUI Ignition Interlock Device

An Aggravated DUI Due to an Ignition Interlock Device requirement is a Class 4 Felony in Arizona. ARS 28-1383(A)(4) defines this offense. Indeed, a person who (1) drives or is in actual physical control of a motor vehicle; (2) while impaired or with a blood alcohol content of .08% or greater; (3) and required to… Read more »

View from inside car from middle of rear seat with a view of lights with light-tails

01|2023

Aggravated DUI With a Minor Under 15 Years Old

Aggravated DUI with a Minor under the Age of 15 in the vehicle is a Class 6 Felony in Arizona. Indeed, this Aggravated DUI theory is the only felony DUI in Arizona punishable as a Class 6 Felony. Rather, the other four Arizona Aggravated DUI theories are all punishable as Class 4 Felonies. However, although… Read more »

Clear Glass Mug Filled with Beer

12|2022

DUI Defenses in Arizona

What are DUI defenses in Arizona? This is a common question due to how harshly Arizona prosecutes DUI cases. A conviction carries far-reaching impacts and consequences. Indeed, it could destroy a person’s life. Luckily, DUI defenses could be available depending upon the specifics of each case. A defendant asserts a DUI defense at trial or… Read more »

Blind-folded Gold Lady Justice Holding Sword in Left Hand and Scales of Justice in Right

11|2022

Can A Trial Proceed Without the Victim?

Can a criminal trial proceed without a victim? There is a misconception the State must dismiss the case without victim appearance. Indeed, there are some circumstances the State may proceed to trial and obtain a conviction without a victim’s appearance. However, the dismissal decision depends on the applicability of the rules of evidence and Confrontation… Read more »

Vehicle stopped on shoulder of road in early. morning time

11|2022

Is No Actual Physical Control a DUI Defense?

Is No Actual Physical Control a DUI defense? A common question asked is what are possible defenses to a DUI in Arizona.  Generally, DUI prosecutions may be difficult to defend against, because law enforcement officers are typically the eyewitnesses.  And for the most part, people believe police officers are honest. Nevertheless, defenses may be present,… Read more »

White Police Vehicle with gold and blue stripe;Observed from Passneger Side from a Rear Angle; Police Vehicle Parked with overhead lights on

09|2022

Aggravated DUI License Suspended/Canceled/Revoked

Aggravated DUI License suspended, canceled, revoked, or refused is defined under A.R.S. 28-1383(A)(1). This section also includes a restriction due to a prior DUI. Indeed, this theory of Aggravated DUI is a Class 4 Felony. Under this section, the State need not prove the suspension, cancelation, or revocation was because of a prior DUI. However,… Read more »

Photo of 2 silver semi-automatic firearms

09|2022

Gun Rights After a Domestic Violence Conviction

People often ask what their gun rights will be after a domestic violence (DV) conviction.  The short answer is there are state and federal restrictions on possessing a firearm.  Indeed, Arizona state law prohibits one from possessing a firearm while on domestic violence probation.   And the federal law prohibits any person with a certain type… Read more »

Police SUV with headlights and overhead lights on

09|2022

What to Do During a DUI Investigation

A common question people ask is what to do during a DUI investigation.  There are definite things a driver should refuse when law enforcement asks.   But, there are certain things a driver should not refuse.  It is important for all citizens to know their rights during any investigation, including a DUI. What to Do During… Read more »