11|2022
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 »
09|2022
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 »
09|2022
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 »
09|2022
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 »
09|2022
Is the breath test accurate in determining blood alcohol content? Law enforcement has used chemical breath tests in DUI investigations for years. The breath test itself is simple enough. Indeed, a person blows into a long-straw like item attached to an instrument. This subsequently produces an alcohol percentage read. Is the Breath Test Accurate in… Read more »
08|2022
A.R.S. §13-3601(A) details the Domestic Violence (DV) eligible crimes in Arizona. Obviously, not every crime is a DV eligible offense. And not every defendant-victim relationship is domestic. Rather, the DV designation depends on two things: (1) the status of the defendant and victim’s relationship; and (2) whether the conduct falls into a specified category of crimes, discussed… Read more »
08|2022
DUI Drugs or Metabolite is a Class 1 Misdemeanor in Arizona. This DUI theory criminalizes conduct for a driver having an illegal drug or non-prescribed drug in their system. Per A.R.S. §28-1381(A)(3), it is unlawful for a person to: Drive or be in actual physical control of a motor vehicle While any drug defined under… Read more »
08|2022
A misdemeanor pretrial conference occurs after the initial appearance and entry of the not guilty plea. But, it occurs before the trial. Indeed, a privately retained attorney will typically appear at the pretrial conference on a defendant’s behalf without the need for the defendant’s presence. What Happens at the Misdemeanor Pretrial Conference? A misdemeanor pretrial… Read more »
08|2022
A misdemeanor initial appearance is the first hearing for a misdemeanor prosecution in Arizona. This hearing is also know as a misdemeanor arraignment. At this hearing, the judge will confirm identity information, explain the charges, a person’s rights, potential penalties and ask for a plea of guilty or not guilty. Arizona Rules of Criminal Procedure… Read more »
08|2022
Misdemeanor consequences in Arizona carry up to six months jail and a fine not to exceed $2500. Arizona’s limited jurisdiction courts (local municipal and county justice courts) handle misdemeanor prosecutions. A misdemeanor is one of three categories of Arizona crimes. Specifically, the categories are: Felonies Misdemeanors Petty Offenses Arizona Class 1 through 3 Misdemeanor Consequences… Read more »
