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A Terrible Idea All Around

It seems that ABATE of Arizona, which I would like to think of as a rights organization, has decided to support a statewide law against texting while driving. The proposed statute would create penalties of $100.00 for a first offense and $300.00 for second and subsequent offenses, and fines of $500.00 where there is an accident and $10,000.00 where death results from the accident. The proposed law is not only pointless and maybe even dangerous, but it is more or less guaranteed to further erode our rights. It is not the sort of thing any purportedly freedom-loving organization should ever support. First, as others have noted before me, we have plenty of laws to deal with the problem already. If your texting results in even the … Read entire article »

Filed under: Uncategorized

It’s Not About DUI At All

Driving around lately, the number of police officers everywhere is absolutely astounding. I’ve seen more people stopped by officers on the side of the road than I ever have before. Cops seem to be lurking around every corner on the freeways, causing people to suddenly slam on the brakes and ram into each other like a game of bumper cars. They’re all over the surface streets too. The Arizona DUI media machine is in overdrive as well, with things like this passing for news: “Super Bowl revelers: Arizona tough place for DUIs” I must admit that it’s adorable when folks here in the valley think people who don’t live here have any interest in reading our shitty newspapers. It’s not so adorable that I live someplace where people … Read entire article »

Filed under: DUI

A Superbowl Sex Sting Poem

As a warning for those who might think it wise to blog after judging a beer competition, I present without further ado a Superbowl sex sting poem for your enjoyment: ‘Twas the night before the Superbowl, when all through the state, Not a hooker was stirring, who wasn’t a fake; The cops posted their escort ads on the internet with care, In hopes that potential Johns soon would surf there; The police were nestled all smug on their hotel room beds, While visions of entrapped soon-to-be sex offenders danced in their heads; And Adrian straightening his tie, and I in my suit, Had just settled down to field calls about police houses of ill repute, When from our office phones there arose such a clatter, I sprang from my chair to see what was the matter. Away to the jail … Read entire article »

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The Superbowl…Of Sex?

If I took the news here seriously, I’d probably be hiding under my bed right now. I would be filled with terror knowing that hordes of sex-crazed Superbowl attendees are currently descending on our fair state with an unquenchable desire to have sex with prostitutes and even children. Think I’m joking? Fox News reports that strip clubs and homeland security have teamed up “to crack down on sex traffickers as the Super Bowl rolls into town.” Other suspect sources report sex traffickers are coming in “droves.” Even the State Bar has jumped on the bandwagon with a Superbowl sex-trafficking CLE, and there’s an art exhibit about sex trafficking too, just in time for the game. Apparently nobody reads snopes anymore. Even articles that note … Read entire article »

Filed under: Sex Crimes

Concealed Weapons In Arizona – Apparently Way Too Confusing For Lawyers

An out of state lawyer called me earlier today with questions about Arizona’s concealed carry law. As we spoke, I Googled “misconduct involving weapons az” to pull up the statute. The law was the first result, as it should be. I also noticed law firm websites, some belonging to lawyers I know, made up the majority of the remaining results on the first page. After the call, I clicked through to the lawyers’ websites out of curiosity. The first said “The following are punishable by up to 6 months in jail…carrying a concealed weapon without a permit.” It also included this: “Call us right away, anytime for an evaluation of your case and some expert advice.” The second said “Class 1 Misdemeanor Misconduct Involving … Read entire article »

Filed under: Arizona Statutes, Marketing

A Big Year For Marijuana DUI

In Arizona, a marijuana DUI used to be a pretty cut and dried thing. The law said it was a crime to be in actual control of a vehicle with marijuana “or its metabolite” in your body, and courts treated it as a strict liability offense for all metabolites, regardless of impairment. Marijuana DUIs were pretty much all charged under two subsections: (A)(1), which requires proof of impairment to the slightest degree, and (A)(3), the strict liability subsection that did not. Luckily, that changed when the Supreme Court of Arizona held last April that drivers cannot be convicted of the (A)(3) offense based merely on the presence of a non-impairing metabolite that may reflect prior usage of marijuana. As the opinion explained, THC is the primary psychoactive … Read entire article »

Filed under: DUI

How To (Really) Get Through A DUI Checkpoint

An interesting DUI checkpoint video has been circulating lately. In it, the driver gets through without even rolling down his window, passing by with ease thanks to a plastic bag attached to his car with a string. The bag contained his license, registration, insurance information, and a note saying “I remain silent,” “No searches,” and “I want my lawyer.” As clever as it may be, it’s also dangerous to think it will always be that easy. The most important thing any driver or rider can keep in mind when dealing with police is that the law does not exist in a vacuum. It only matters as applied to the facts, and except in the most unusual circumstances, courts are going to adopt whatever “facts” the officer … Read entire article »

Filed under: DUI

Somebody Must Have Read Catch-22

A member of the East Valley DUI Stasi Task Force apparently decided to park himself outside of a local bar one night last year. According to at least one witness, the cop then proceeded to stop one person after another for neither a traffic violation nor on reasonable suspicion of impaired driving. He was basically a one-man DUI checkpoint at the exit of a local bar, they said. My client, who was stopped that night by that officer at that location for a traffic violation he denies committing, wanted to prove what the officer was doing. In most of my DUI cases, I find that clients don’t complain much about the stop. On the other hand, I don’t believe I’ve ever encountered a stop made by an … Read entire article »

Filed under: DUI, Police

The Border: A Pictorial

With Obama trying his best to turn our country into North Mexico and the steadfast Republicans and their judge in Texas doing all they can to protect our way of life by suddenly pretending to care about the constitution, I thought I’d share some hiking photos and prove to you once and for all that we must secure the border. Somewhere out there, Mexico starts: Somewhere out here too: The mountain in the back is definitely in Mexico: Here it is again: As you can see, Mexico is very different.  And scary. That’s probably a little Mexican town at the base.  Americans like drugs too much, so it is probably a dangerous town. Police there are probably corrupt too. A cop might stop you a demand $20 on the spot so he and his family … Read entire article »

Filed under: immigration

Times Must Be Tough

Our receptionist walked into my office with a sheepish look on her face. “Do you have four dollars and twenty-seven cents?” Confused, and then sheepish myself, I said no. Not exact change, at least. Not even a five or a ten. “I don’t keep cash on me. Why do you need it?” She explained that the mailman was waiting and someone didn’t pay enough postage. She then came in with the parcel in question. Here’s what I saw: This wasn’t the occasional person not sticking on enough stamps. Or one of the less common but more creative people with cash-on-delivery tricks. Things must really be tough when the gubmint doesn’t have enough cash to pay its own postage, when the U.S. federal executive department responsible for the … Read entire article »

Filed under: Uncategorized

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