Gordon Thompson
2/24/16 License plate recognition readers or scanners (LPR’s) are no longer new technology. Despite being plagued from the beginning of their use by concerns over privacy violations, data retention/storage and the possibility of the retained data being abused or exploited for purposes for which it was never intended, use of LPR is now widespread. Some…
2/23/16 Scottsdale’s ordinance barring Public Intoxication is unconstitutional because it conflicts with Arizona state law. Scottsdale City Code (“S.C.C.”) section 19-8(a) makes being “incapacitated by alcohol in public,” a class 1 misdemeanor. Arizona statute 36-2031 prohibits local laws criminalizing conduct having as an element of an offense “being a common drunkard or being found…
2/23/16 The Arizona Medical Marijuana Act (AMMA) bars forgery prosecution of a physician for falsely certifying they have reviewed the patient’s medical history. The Arizona Medical Marijuana Act (AMMA) allows a person to obtain a Marijuana Medical Card if a physician issues a written certification that a patient has a “debilitating medical condition.” Arizona…
2/22/16 180-day jail sentence for second offense misdemeanor .20% Extreme DUI is not unconstitutional because it is greater than the 4-month minimum sentence than for a felony DUI. The mandatory minimum sentence for a second offense misdemeanor .20% Extreme DUI is 180 days in jail. The mandatory minimum for a Class 4 felony DUI…
2/22/16 Arizona weapons possessors may be subject to serious criminal penalties if they take weapons to another state. Driver’s licenses issued under Arizona law are recognized as valid throughout the United States. What people may not realize is that while Arizona weapons laws give many people the right to possess weapons, unlike driver’s licenses…
2/22/16 Arizona Department of Transportation (ADOT) says motor vehicle crash fatalities rose in 2015 from 2014. On February 19, 2016 the Arizona Department of Transportation (ADOT) said preliminary figures indicate that motor-vehicle accident deaths increased from 773 in 2014 to 891 in 2015. Although the 2015 total is less than the all-time high in…
2/19/16 Arizona Court of Appeals holds odor of marijuana can justify probable cause notwithstanding AMMA. In State v. Cheatham, the Arizona Court of Appeals held that the Arizona Medical Marijuana Act (AMMA) does not prevent police officers from using the odor of burnt marijuana as probable cause to justify a search. In Cheatham the…
2/19/16 Arizona police may get a blood sample from a person if taken for medical purposes unless the person unambiguously, clearly and expressly rejects medical care. Arizona Revised Statute 28-1388(E) allows the police to obtain a blood sample taken from a person without the person’s consent if probable cause exists that the person committed…
2/19/16 Arizona police may not get a blood sample from a person using the Medical Purposes statute by threatening to arrest the person. Arizona Revised Statute 28-1388(E) allows the police to obtain a blood sample taken from a person without the person’s consent if probable cause exists that the person committed a crime and…
2/19/16 Phoenix Municipal Court begins Compliance Assistance Program aimed at helping people avoid collateral consequences of not making civil traffic fine payments. See full article at kjzz.org: http://kjzz.org/content/265792/how-phoenix-helping-drivers-bogged-down-fines-get-back-road If you’ve been charged with DUI or another criminal offense, getting help from an experienced and knowledgeable lawyer is one of the best things you…