DUI
All posts discussing DUI issues.
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…
2/22/16 180-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…
2/19/16 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…
2/16/16 Ignition Interlock Device Issues After Sentencing Installation of an ignition interlock device (IID) for a period of at least one year is a requirement for all alcohol-related DUI convictions in Arizona. If the person is found guilty of a Regular DUI (.08% BAC) or an Extreme DUI (.15% BAC) the IID is ordered…
2/10/16 As Arizona gains a reputation for being strict on DUI offenders, DUI arrests decrease for the fourth year in a row. Significant decreases have been seen in several categories; overall DUI arrests decreased by more than 23% between 2012 and 2015. For related article: https://cronkitenews.azpbs.org/2016/02/08/dui-arrests-in-arizona-decrease-for-the-fourth-consecutive-year/ If you’ve been charged with DUI…
2/10/16 Local Phoenix officials request provision in the new City budget for body cameras for all Phoenix Police patrol officers, within three years. An estimate of the cost for same exceeds $3.5 million dollars, offset by a federal grant of $637,000.00. Phoenix currently has about 150 body cameras in use, most of which are…