In a recent case coming out of the Supreme Court of Arizona, the defendant asked the court to reconsider his conviction for resisting arrest. According to the defendant, the trial court improperly instructed the jury regarding the law that applied to his case, and the verdict should be reversed because…
Recently, an Arizona court of appeals had to decide the implications of a statute that allows defendants convicted of extreme driving under the influence to be released from jail early if they install an interlock device on their car. Specifically, the statue says that defendants guilty of extreme DUI can…
Quantifying the impact of alcohol upon a person has long been a goal of the scientific community, with studies dating back as early as 1874. In the contemporary legal setting, the breathalyzer test, also known as alcohol breath testing, is touted as a highly accurate and definitive tool for detecting…
A DUI breathalyzer or chemical test is considered a protected search under the 4thAmendment of the U.S. Constitution. This means that police need a warrant with probable cause to conduct a DUI breath, blood or urine test, even under Arizona’s Implied Consent law. There are a few exceptions to the…
The Arizona Supreme Court recently ruled that enhanced sentencing does not apply if the victim is fictitious. Under Arizona’s Dangerous Crimes against Children statute (DCAC), a person convicted of a sexual crime against a child is subject to enhanced sentencing. These penalties are severe and designed to provide greater punishments…
You cannot be arrested solely for a non-criminal traffic violation in Mesa, AZ. However, that changes if you fail to stop or try to elude police when you are signaled to pull over. Failure to stop violates Arizona’s unlawful flight laws. The most important thing you can do when you…
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…
Under the Fourth Amendment of the U.S. Constitution, a person has the right to be protected from unlawful searches and seizures. 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…
No one who drinks expects to get a DUI or be the victim of an alcohol related disaster. 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…
Can an Arizona Police Officer’s misreading of a clear and unambiguous law give rise to reasonable suspicion, thereby making a stop lawful? This was a question for a recent Arizona Appeals Court to decide. In the case, the court considered whether a deputy had reasonable suspicion to stop a driver…