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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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Police Must Obtain a Warrant to GPS Track a Vehicle Surreptitiously

Posted on December 7, 2021 in

For police to surreptitiously track a motor vehicle using GPS technology requires a warrant; and a passenger traveling with the vehicle-owner has a reasonable expectation of privacy under the Fourth Amendment to the U.S. Constitution. Arizona v. Emilio Jean The defendant, Emilio Jean, was a passenger in the tractor-trailer stopped by police. Defendant was convicted… read more

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Unlawfully Obtained DUI Blood Sample Admissible as Evidence When Police Acted in Good Faith

Posted on December 7, 2021 in

Defendant appealed her aggravated DUI convictions arguing the trial court erred in not suppressing blood-alcohol test results because police obtained the blood sample without valid consent or warrant. Affirmed. Although the blood sample was unlawfully obtained, the BAC test evidence was admissible proof of guilt under the good-faith exception to the exclusionary rule of evidence…. read more

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Knowingly Possessing Cellphone Was Arizona Felony Promoting Prison Contraband

Posted on December 7, 2021 in

In this appeal from two felony convictions of promoting prison contraband, defendant knowingly possessed a cellphone in the jail or prison facility, but claimed he did not know it was contraband. After harmonizing five statutes, the Arizona Supreme Court held the State must only prove the defendant “knowingly” possessed a cellphone. The prosecution need not… read more

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