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Blood Test Was Voluntary Under Arizona Implied Consent Law

Posted on December 7, 2021 in

Driver’s consent to blood testing upon DUI arrest was voluntary. Police advised driver of Arizona implied consent law. Looking at the totality of the circumstances, the driver’s consent was neither coerced nor given under duress. The trial court did not err in denying defendant’s motion to suppress the blood test results. Affirmed. Arizona v. Alfonso… read more

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Husband Testifies About Wife’s DUI Under Crime Exception to Anti-Marital Fact Privilege

Posted on December 7, 2021 in

Crime exception to Arizona anti-marital fact privilege allowed husband to testify in Phoenix Municipal Court as a witness against his wife about her DUI crime arising from the same unitary event as her domestic violence crime against him. Phoenix City Prosecutor v. Hon. Lowery/Claudette Craig (real party in interest) DUI Committed in Same Unitary Event… read more

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Arizona Armed Robbery Not a Violent Felony Under Armed Career Criminal Act

Posted on December 7, 2021 in

Share in the discussion with an experienced gun crime attorney. Learn about potential defenses in Arizona law to charges of robbery, grand theft, larceny, shoplifting, and theft crimes generally. Arizona armed robbery held not a violent felony for purposes of the Armed Career Criminal Act, a federal statute imposing minimum mandatory sentencing for repeat offenders… read more

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Solicitation to Sell Drugs Not a Strike Against Mandatory Probation

Posted on December 7, 2021 in

Mandatory probation in Arizona sentencing is for people convicted of non-violent drug crimes, so long as they do not have three prior narcotics convictions for personal possession. If three strikes, then no probation. Prior conviction for solicitation to sell narcotics did not disqualify defendant for mandatory probation. Nor was it a personal possession conviction under… read more

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Arizona DUI Law Just Got Tougher, Wrong Way DUI

Posted on December 7, 2021 in

Arizona’s reckless and aggressive driving law and DUI law just got tougher for anyone driving the wrong way on a controlled access highway (to learn more about this new legislation, contact a DUI criminal defense attorney with Stewart Law Group). Governor Doug Ducey signed HB 2243 into law on March 27, 2018, making it a… read more

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