If you have criminal charges, it is likely that you will be faced with the decision of whether or not to take your case to trial. As an alternative to trial, you may be offered a plea deal or participation in a deferred prosecution program.
Last year Maricopa County Superior Court reported that of 99.8 percent of terminated DUI and criminal cases, only 2.2 percent went to trial.
The United States Sentencing Commission (USSC) reported similar statistics in 2016. The USSC reported 97.3 percent of criminal cases were resolved without trial, while only 2.7 percent went to trial.
In Arizona police are permitted to request a warrantless, non-consensual blood draw, from a DUI suspect who is unconscious under A.R.S. §28- 1321.
The blood draw may be unconstitutional if an individual’s rights are violated in the process.
Recently, the Arizona Supreme Court ruled that the unconscious clause is permissible only when invoked non-routinely, under exigent circumstances that are case-specific.
This protection extends to a DUI blood test. Consequently, police need a suspect’s consent or a search warrant to obtain a blood sample for a DUI investigation.
Without the person’s consent or a search warrant, it is unlawful for the police to collect a DUI blood sample.
Recently, an Arizona appellate court considered an important case where the Justices reviewed what it takes to prove this affirmative defense.
This article sheds light on some important related criminal law and defense topics:
It is important to remember that others on the road may be driving dangerously due to drug or alcohol impairment.
Often people who have been drinking, lose track of how much they are drinking, and have not planned for an alternative ride home or arranged for a designated driver.
In a recent case decided by the Arizona Supreme Court, the defendant was charged with Marijuana transportation, and challenged the charges using Arizona’s Dress defense.
The defendant testified that smugglers armed with weapons, forced him to carry large bundles of Marijuana into the Arizona desert.
Since that time, police have been required to read suspects their Miranda rights while in custody before they are interrogated.
The Miranda principle has faced many legal challenges, including when police are required to read the rights.