School Zone Safety Tips for Drivers and Pedestrians

School zones present traffic safety hazards for a number of reasons. Not only are there a greater number of pedestrians around a school zone, but many of them are young children. School-age children are still learning traffic safety rules, and anyone who is learning a new skill is likely to make some mistakes from time… Read more

AZ Marijuana-Related Offenses May Be Expunged Effective 7/12/21

As a part of the Smart and Safe Arizona Act (which allows the legalization, taxation and recreational use of cannabis for adults 21 and over) which was passed by Arizona voters in 2020, effective July 12, 2021 many people will be eligible to have convictions for marijuana-related offenses expunged. Expungement in this instance means, as… Read more

A Day in Jail for DUI is At Least 8 Hours

The minimum sentence for an Arizona Misdemeanor DUI is 1 actual day in jail.  Years ago, 1 day meant 24 hours but the legislature changed it to simply say “1 day” and not “24 hours”.  Depending on the county 1 day could be much less than 24 hours. For example, in Maricopa County currently if… Read more

2/26/21 Update for Wrong Way Driving Felony Bill, HB2296

HB2296 would modify 28 A.R.S. § 1383.A.5, Wrong Way Driving DUI Felony, which makes the section referring to all “highways” applicable to “Controlled Access Highways or State Highways.”  As previously posted, although the proposed changes would help limit the applicability of the statute to what the Legislature intended (but did not explicitly say) when they… Read more

Bill to Modify DUI Wrong Way Felony Law

In 2018 the Arizona Legislature enacted a law, 28 A.R.S. § 1383.A.5, which made it a felony to drive the wrong way on a “highway” while under the influence.  The mandatory minimum sentence for this offense includes four months in the Arizona State Prison.  Under this law someone can be sentenced to State Prison for… Read more

Prop 207, Arizona DUI and Marijuana

On November 30, 2020 Arizona Elections Proposition 207 (Prop 207), which legalizes the personal possession of Marijuana, took effect.  Prop 207 significantly changes the DUI laws for defendants who have Marijuana in their bodies. Arizona’s basic DUI law, 28 A.R.S. § 1381.A.1, makes it illegal to drive or be in actual physical control, “While under… Read more

Agg DUI Conviction Reversed When Breath Test Results Improperly Used at Trial

The Arizona Department of Public Safety has approved a breath testing device known as an Intoxilyzer 8000 for use to test the alcohol levels of persons arrested for DUI. The State Legislature has made it very easy for a prosecutor to have Intoxilyzer 8000 breath test results admitted into evidence in a DUI trial without… Read more