Defendants were medical marijuana cardholders convicted of drug DUI for operating a motor vehicle while under the influence of marijuana or its metabolite. Were defendants immune from drug DUI prosecution under the Arizona Medical Marijuana Act? Conviction affirmed on appeal. To learn more, read our discussion about drug DUI in Arizona law and how to… read more
In this marijuana possession case, the statement made by defendant in order to participate in Maricopa County’s Treatment Assessment Screening Center (TASC) deferred prosecution program was admission of guilt used against him at trial; and was not barred by Ariz. Rule of Evidence 410(a)(4) which applies to plea negotiations. State of Arizona and Dustin Gill… read more
Generally stalking can be defined as actions or conduct directed at a specific person that would cause a reasonable individual to experience varying degrees of fear. In a recently conducted study by The U.S. Department of Justice, stalking victims were classified if they responded to any of the following behaviors: Receiving multiple unsolicited texts and… read more
In a DUI case, Arizona’s highest court clarified application of the medical blood draw exception to the warrant requirement where an injured DUI suspect resisted medical treatment at the scene of the vehicular accident, but was restrained and sedated with blood drawn at the hospital at which time police requested a portion of the blood… read more
Defendant charged with marijuana DUI asserted a medical marijuana affirmative defense in the jury trial, but was erroneously precluded from submitting the medical marijuana card as evidence of his authorized use. The defendant was stopped by police and charged with driving under the influence (DUI). The arresting officer testified that the driver drifted into the… read more
