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Articles Posted in drug DUI penalties

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How to Defend Your Medical Marijuana DUI Charges in Arizona

Arizona Appellate Court Rules on Medical Marijuana Card Affirmative Defense; 3 Admissible Ways to establish an affirmative defense; 10 Other Marijuana DUI Defenses

A medical marijuana cardholder can raise an affirmative defense when charged with driving under the influence under § 28-1381(A)(3). 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…

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Ignition Interlock Device No Longer Required Drug DUI Penalty in Arizona

A Comprehensive Overview of Arizona’s Ignition Interlock Program & Legislative Changes

Arizona drivers currently found guilty of DUI charges are required to install and use an ignition interlock device (IID). It doesn’t matter that their DUI did not involve alcohol.  It doesn’t’ matter that they never used alcohol a day in their lives. Requiring a person convicted of a drug DUI…

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Marijuana DUI: The Impact of Montgomery V. Harris in Arizona

Arizona Court of Appeals rules non-impairing Marijuana ingredients qualify for DUI prosecution. A recent Marijuana DUI dismissal was overturned in favor of the state and moved for continued prosecution in the Arizona Court of Appeals. The main legal issue was whether or not a motorist could be prosecuted for Marijuana…

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