3/2/16 In Arizona a person arrested for DUI has the right to consult with an attorney prior to submitting to the chemical tests as long as that consultation does not interfere with the ongoing police investigation. If the police do interfere with the person’s right to counsel the usual remedy is suppression of the use…
3/2/16 In Arizona a person can be guilty of DUI if they are driving or in actual physical control and are impaired by alcohol, drugs or some combination thereof. In State v. Bayless-George, the defendant was charged with driving while under the influence. The impairing substances at issue were Ambien (which is a central…
Arizona DUI Jury Trial Procedure
2/26/16 Arizona Medical Marijuana Act (AMMA) does not permit a Registered Caregiver to possess more than the statutory limit per patient. The Arizona Medical Marijuana Act (AMMA) permits a Registered Caregiver to possess 2.5 ounces of marijuana for each of 5 designated marijuana patients. Each patient must be registered as connected to a particular…
2/26/16 Texas pursues transfer to adult court for Ethan Couch in lieu of violation charges in juvenile court. See the full story at www.nytimes.com: http://www.nytimes.com/2016/02/20/us/affluenza-teenager-will-face-court-as-an-adult.html?_r=0 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 can do for…
2/25/16 Arizona Court of Appeals holds that an element of a Driving On Suspended License charge is that the defendant knew or should have known their license was suspended. In Arizona a person can be convicted of the class 1 misdemeanor criminal offense of driving on a suspended license (DOSL). If found guilty, the…
2/25/16 In Arizona a person can be found guilty of DUI even though they are not driving. This concept is known as Actual Physical Control. A person is in Actual Physical Control if they actually posed a threat to the public by the exercise of present or imminent control over a motor vehicle while impaired. …
2/24/16 US Supreme Court Rules 911 Call with Limited Corroboration Can Justify the Stop of a Motor Vehicle For DUI. The fourth amendment to the United States Constitution protects people from unreasonable searches and seizures. Information the police receive in anonymous 911 calls by themselves cannot serve as a legal basis to justify the…
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…
Gordon Thompson
DUI & Criminal Attorney
(602) 467-3680
