Gordon Thompson
PBTs have limited use in DUIs “PBTs” or “Portable Breath Testing” device, as the name implies is portable. It’s roughly the size of a paperback book and it’s got a breath receptacle to blow into. In Arizona, they can be used basically for two things. A person takes the test by blowing into the…
These cases discuss decisions issued by the Arizona Court of Appeals. Most are memorandum decisions. Memorandum decisions are not legal precedent for other cases. Memorandum decisions are a good guide for what it takes to be found guilty of a felony DUI in Arizona. They also show what the sentences could be. Almost all these…
Domestic Violence is a serious matter. Having said that conduct which is not necessarily violent can be classified as “Domestic Violence”. When police respond to a 911 Call regarding Domestic Violence they can charge a person for one or more domestic violence crimes. A very common charge is Disorderly Conduct alleging “Seriously Disruptive Behavior” under…
In Arizona it may be possible to prove you’re not guilty of a Prescription Drug DUI without calling a witness. I’m Gordon Thompson DUI & criminal attorney for 47 years. In Arizona a person is guilty of a Prescription Drug DUI if a Prescription drug is impairing the person to slightest degree. If impaired, then…
Official Federal Government reports may be the best defense for THC Marijuana DUIs In 2020, the Arizona voters passed Proposition 207 (Prop 207) legalizing the use of marijuana. That initiative changed THC Marijuana DUI trials so that official U.S. Government reports may be the best defense. Before Prop 207 at trial the defendant had to…
The starting point for most DUI investigations is the stop of the defendant’s vehicle by a police officer. An officer must have a legally acceptable reason to stop a vehicle. If a judge decides there was not a legally acceptable reason then all evidence obtained from the stop must be suppressed, meaning cannot be used…
A DUI in Arizona is what a jury says it is. All DUI defendants have either a constitutional (Felony) or statutory (Misdemeanor) right to a jury trial. By looking at appeals from convictions we can see the facts that lead to that jury unanimously deciding, beyond a reasonable doubt, the defendant was guilty. We can…
There has been a recent change for defendants sentenced to jail in the Mesa Municipal court. Defendants may now serve their jail sentences again in the Mesa City Jail or the Maricopa County ITR Jail (Intake, Transfer, Release Facility). Defendants who are serving a straight day jail sentence (without work release) may serve the…
Arizona can be a very harsh state for Criminal & DUI cases. A defendant in Navajo County recently found out how harsh in a recent Court of Appeals decision. In March 2023, the defendant was involved in a car crash in which his four-year-old son suffered a serious physical injury. The State charged the defendant…
Restricted Driver’s Permits and Licenses are available during suspensions or revocations. For the most part this is limited to Arizona licensed drivers. The MVD does not permit drivers licensed in another state to drive while subject to an Arizona suspension or revocation. Although this practice is probably in violation of the U.S. Constitution, it is…