Brown & Little, P.L.C. » Arizona Statutes
Arizona's Most Irritating Statute?
There are a number of laws in Arizona that bother me, but the one that most consistently makes me shake my head in disgust is A.R.S. 13-1207. It provides that an inmate who “commits assault upon another person with the intent to to incite riot or who participates in a riot is guilty of a class 2 felony.” It’s a serious charge, so it seems like the statute should be pretty well written. Unfortunately, it isn’t. Although making it a class 2 felony seems excessive, I think I have a good grasp of what constitutes an assault with intent to incite riot. On the other hand, I have no clue what participating in a riot means, and the legislature and the courts haven’t provided any helpful definitions. Is … Read entire article »
Filed under: Arizona Statutes
Classes of DUI
A DUI can be either a misdemeanor or a felony. For your run-of-the-mill first DUI, whether you have a blood alcohol concentration just over the legal limit or a blood alcohol concentration three times the legal limit, although the mandatory jail sentences differ, the charge will be a class 1 misdemeanor. However, a regular DUI can become a felony and be considered “aggravated” if, among other things, you had a suspended license, two prior DUIs in the past seven years, or a person under fifteen years of age in the car. A DUI that’s aggravated because of a suspended license or two prior DUIs in the past seven years is a class 4 felony, and a DUI that’s aggravated because there was a child in the car … Read entire article »
Filed under: Arizona Statutes, DUI
Historical Priors
This seems like a simple concept, but there are a couple of nuances that regularly cause problems for attorneys. Having one or more historical priors has an incredible impact on sentencing, so I’m always surprised when lawyers don’t know how it works. Obviously, for a conviction to be an historical prior conviction, it must precede the conviction for the present offense. But what happens if the offense conduct of the so-called “prior” occurred after the conduct underlying the present offense? Interestingly, the type of offense involved in the “prior” is the determining factor. For the convictions listed in A.R.S. § 13-604(W)(2)(a) and (d), the only requirement with regard to ordering is that the conviction for the offense being used as an historical prior felony conviction precede the conviction from … Read entire article »
Filed under: Arizona Statutes
The Right to Counsel, Admin Per Se
If an officer has probable cause to believe you are in actual control of a motor vehicle while under the influence of drugs or alcohol, the law provides that you will lose your license for a year if you don’t submit to a chemical test. Personally, I find the whole concept offensive and wholly incompatible with the idea of a free society. However, one thing that makes it even worse is that the judge at your admin per se hearing (license suspension hearing) will only consider whether the officer had reasonable grounds to believe you violated a DUI statute, whether you were arrested, whether you refused or failed to complete an alcohol or drug test, and whether you were informed of the consequences of your refusal or failure. … Read entire article »
Filed under: Arizona Statutes, DUI, MVD Hearings
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