Blog

  • 5/5/16  Valley cities will employ increased DUI patrols beginning today through Saturday, for the Cinco de Mayo holiday.   DUI Task Forces are scheduled by several local agencies, including Arizona Department of Public Safety, Maricopa County Sheriff’s Office, ASU Police and the cities of Chandler, Gilbert, Tempe and Scottsdale.  Phoenix Police will also be increasing…

  • 5/5/16  In State v. Angel Pete Ruiz, No. 2 CA-CR 2015-0036, (4/27/16), the defendant was charged with multiple offenses including aggravated robbery. The case was tried to a jury. During trial (and presumably at the conclusion of the State’s case) the defendant made a motions for judgment of acquittal on two counts. The trial judge…

  • 5/4/16  When a defendant is on felony probation, if the prosecutor or probation officer believes the defendant has violated a term of probation they can commence a violation of probation proceeding. If the defendant is found by the court to be in violation it can extend the probation term by up to 5 years. In…

  • 4/28/16  On April 26, 2016, the Arizona Supreme Court issued two decisions involving persons arrested under Arizona DUI Implied Consent laws.  See my blog about the Valenzuela case for the arguments.  In a similar case, State v. Brown, involving the same issues but for the Implied Consent Law for Boating Under the Influence (OUI), the…

  • 4/27/16  In a recent Division Two case the Court of Appeals upheld the trial court’s refusal to continue a jury trial because the defendant substituted a new private attorney 9 days before the trial date.   In State v. Ramos, the defendant was charged in October, 2013, with prescription drug forgery offenses.  On July, 28,…

  • 4/27/16  Arizona Implied Consent Law says that a person arrested on suspicion of DUI charges must submit to whatever chemical tests (breath, blood or urine) that the police say they must submit to. The admonition officers read to the arrested person also provides that if the person does not submit to the designated tests their…

  • 4/25/16  In a recent Division Two case, the Court of Appeals upheld the trial court’s preclusion of a defense alibi witness because the defendant’s disclosure of the witness’s existence was too close to trial. In State v. Ramos, the defendant was charged in October 2013 with drug prescription forgery offenses. On July 22, 2014, the…

  • 4/25/16  Friday the Maricopa County Attorney’s office submitted a motion to dismiss, without prejudice, the charges against accused Freeway shooter Leslie Merritt, Jr. Today that order was granted, and all charges dismissed. Arizona law provides that when a case is ordered dismissed without prejudice, the case can then be refiled at a later date. A…

  • 4/22/16  Phoenix explores alternatives to Maricopa County Jail   The City of Phoenix has paid an average of about ten million dollars per year for the last fifteen years in jail costs to the Maricopa County Jail, and Phoenix cases account for more than thirty percent of bookings into the Jail.  Those costs are set…

  • 4/22/16  In a recent Arizona Court of Appeals Division One case the defendant was charged with and convicted for multiple Aggravated DUI charges, including being convicted of Aggravated DUI for Driving Under the Influence while his license was Revoked and separately, While Required to have an Ignition Interlock Device (IID). The court of appeals reversed…