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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…
In 2018 the Arizona Legislature enacted a new DUI felony which made it a Class 4 Felony to drive the wrong way on a “highway” while in violation of Arizona’s DUI laws. The mandatory minimum sentence includes 4 months in the Arizona State Prison, which in no way can be waived. The reason offered by…
Current Arizona Law, 28 A.R.S. § 1385.G, permits a driver whose Arizona driver’s license or privilege to drive is suspended during a first offense Admin Per Se suspension to drive during the last 60 days of the suspension person for travel between: The person’s place of employment and residence and during specified periods of time…
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…
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…
Representative John Kavanagh has introduced 2021 House Bill HB1084 which would establish a DUI Per Se limit of 2ng/ml. of THC in a driver’s body. What this means is that if the bill becomes law, a driver would be guilty of DUI if they had 2 ng/ml/ of active THC in their body within 2…
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…
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…
Arizona law authorizes the Department of Transportation Motor Vehicle Division (MVD) to take action against a driver’s license or privilege to drive if they have frequent traffic violations (28 A.R.S. § 3306.A.3). Various traffic violations lead to the assessment of points, for example, DUI is an 8-point assessment and Speeding a 3-point assessment (17…
Each Holiday Season weekend in 2020, police departments in Maricopa County will conduct DUI saturation patrol programs for DUI enforcement. The 2020 program will start on Wednesday November 25, 2020 and will run each weekend through December 31, 2020. Officers from several police departments around the Valley will conduct coordinated patrols in certain areas, which…