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Breath Tests Taken Before Defendant Contacted Counsel in Aggravated DUI

Posted on December 7, 2021 in

In this Arizona criminal case, defendant was convicted of aggravated DUI. He appealed his conviction, arguing the trial court erred in denying his motion to suppress breathalyzer test results because he was denied the right to counsel; and that the trial court improperly instructed the jury. His conviction was affirmed by the Arizona Court of… read more

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Arizona Medical Marijuana Card Affirmative Defense to Drug DUI

Posted on December 7, 2021 in

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

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Marijuana Admission for TASC Drug Treatment Program Was Evidence at Criminal Trial

Posted on December 7, 2021 in

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

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ARS 13-2923 Arizona’s Stalking Law

Posted on December 7, 2021 in

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

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Arizona Medical Blood Draw Exception to Warrant Requirement in DUI Case

Posted on December 7, 2021 in

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

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