Brown & Little, P.L.C. » DUI

Guilty Until Proven…

Oh, who am I kidding? They aren’t even going to let you prove yourself not guilty. Not before it’s too late, at least. I’m talking about the Town of Gilbert again, and this time it isn’t your car or your money that they’re after. It’s your driver’s license. The situation where I was recently reminded of how evil Gilbert is involved a client who received notice from the MVD telling him his license was suspended for failing to appear for a court hearing in Gilbert. If you get stopped for DUI in Gilbert and they take a blood sample, which they probably will, you may have to wait for a summons from the court instead of getting a ticket and a court date right there at … Read entire article »

Filed under: Courts, DUI

Are They Idiots Or Are They Liars?

I wouldn’t be writing about Mesa twice in row if I didn’t think it was all noteworthy. This time, though, I’m a little less cynical. I refuse to believe the judges at Mesa City Court are anywhere near as simple-minded and unfair as some of the prosecutors there claim. To give you some background, if you are charged with misdemeanor DUI in Arizona and your BAC is between 0.08 and 0.15, the mandatory minimum jail sentence is one day with nine days suspended. If your BAC is between 0.15 and 0.20, it’s nine days with twenty-one days suspended. Any misdemeanor DUI in Arizona could theoretically result in 180 days in jail, but I’ve never seen it happen, heard about it happening, or even realistically considered that any prosecutor could … Read entire article »

Filed under: Courts, DUI, Prosecutors

Politics In Action

I’d rather not write a post about Kolby Granville, but he’s a public figure and his Facebook posts make it tough to stay quiet. Kolby seemed nice in law school. I think he was in the peace corps and a famous archer before that. I heard he ran for office before law school too. He asked lots of questions in class. He got some type of firm job after graduating, and he quit to become a teacher, at some point running for and winning a spot on Tempe’s City Council. Like hundreds of other people I don’t really know terribly well along with a small group of people I do, he and I are Facebook buddies. He recently posted this: (function(d, s, id) { var js, fjs … Read entire article »

Filed under: DUI, Government Rants

Scottsdale’s DUI Machine Malfunctions, Court Of Appeals Doesn’t Care

One of Scottsdale’s DUI-conviction-machines has some serious problems. I first wrote about it in 2012 after a Scottsdale City Court judge prevented me from telling a jury about the problems. The judge demanded an offer of proof before he was willing to admit evidence of anything calling into question the city’s malfunctioning piece of equipment. Instead of making the state bear the burden of proving the test was accurate and admitting all of the information about its problems, he presumed the results were accurate and precluded any information to the contrary. I wrote about it again in 2013, when a Maricopa County Superior Court judge finally ruled that blood test results from the machine in several cases were inadmissible pursuant to Rule 702 of the Arizona Rules of … Read entire article »

Filed under: DUI

DUI Home Detention

Arizona’s extreme DUI statute is A.R.S. § 28–1382. Subsection (D)(1) requires thirty consecutive days in jail for a DUI involving an alcohol concentration of 0.15 or more but less than 0.20, and subsection (I) allows for all but nine of those to be suspended. For an alcohol concentration of 0.20 or more, the same subsections require forty-five consecutive days in jail and allow for all but fourteen days to be suspended. Depending on the court, you may be able to do home detention for some of your time. The relevant home detention statute is A.R.S. § 9-499.07. In 2011, Senate Bill 1200 made some substantial changes to the law. Here is what it changed regarding the eligibility requirements a prisoner must meet for the program: Notwithstanding section … Read entire article »

Filed under: DUI

What The Hell Do They Want?

A former client of mine contacted me a while back asking for help with a situation that makes my blood boil. He’s a smart guy and a good person, but his life has been a constant struggle, a fight to escape a hard life of poverty and mental illness. He never got any of the luck breaks most of us have had at some point or another. For a while, it seemed like he was on the right track, though. Sadly, he found himself in trouble again. That was when he called. I could’ve been disappointed, but I mostly just felt awful for him. I wanted to give him a hug and go back in time to make everything right, but that’s never going to … Read entire article »

Filed under: DUI

Cracking Down On College

A recent article explained, “Tempe kicks off ‘Safe and Sober’ campaign but without ASU.” The emphasis is mine, but it doesn’t really need it. What were you thinking, ASU? Do you have a problem with safety? Sobriety? The gist of the article is that people visiting Tempe last weekend were going to see a massive police presence as officers from nine agencies teamed up for the “Safe and Sober” campaign, something that as near as I can tell is intended to violate the constitutional rights of hundreds of innocent people in a valiant effort to make college suck. Shamefully, ASU police did not participate. Tsk, tsk. Another article lays out the stats: Total stops: 1,812 Total citations: 919 Total arrests: 486 Arrests for minors in possession of alcohol: 208 Total DUI … Read entire article »

Filed under: DUI

Scottsdale’s DUI Problems

Over a year ago, I complained about courts making the defense prove that the state’s deeply flawed scientific evidence, which you can show for a fact was not just flawed but verifiably false in similar situations, was in fact flawed in your client’s case before you are allowed to tell the jury about issues that came up in other situations. The problem is finally coming to the surface. Imagine a situation where a particular gas chromatograph mixes up names and reference numbers of vials of blood being tested for blood alcohol content in DUI cases. It also stops running completely during tests and deletes baseline information. The state’s “expert” acknowledges those and numerous other problems, and he admits he has no idea why the problems happened. On … Read entire article »

Filed under: DUI

A Turd In The Punch Bowl

The times they are a-changing. Arizona now allows bars and retailers to fill growlers of beer from their taps for customers to take home. To-go tap beer is a great idea with all kinds of great benefits. Most notably, it’s cheaper and far safer than continuing to drink at a bar. How many people over the past several years had that extra round before driving home because they didn’t have anything to enjoy when they got back? There aren’t an awful lot of bars that double as retailers. The new law allows people to try great products they wouldn’t otherwise get to try in the comfort of their own homes. A recent article in the Arizona Capitol Times discussed the new law and its many … Read entire article »

Filed under: Arizona Statutes, DUI

Formalities, Theirs and Ours

The law is filled with all kinds of silly formalities. They place the prosecutor’s table on the side closer to the jury box. You’re not supposed to touch the judge’s podium. Some courts require that the lawyers wear a suit or sports coat. A jury is supposed to be sworn. That last one probably seems really important to you, but it isn’t. From a post earlier today from Scott Greenfield at Simple Justice, I learned about a Tenth Circuit opinion yesterday affirming a conviction in a case where the jury reached its verdict despite having never been sworn. Oops! In the case, the defense attorney knew the judge forgot to swear them in, but he waited until after the verdict to bring it up. The … Read entire article »

Filed under: DUI, Government Rants

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