Brown & Little, P.L.C. » Entries tagged with "driving"
Happy National No-Phone Zone Day!
Every TV channel I saw at the gym this morning seemed to be covering the fact Oprah has declared today “National ‘No-Phone Zone’ Day.” I guess that Oprah has convinced the USDOT, the NHTSA, the GHSA, and a variety of other government entities with acronym names to join her in promoting awareness to end distracted driving. I normally wouldn’t post about something like that, as every day is stop-something day, but my head filled with thoughts as I watched part of a segment showing teenagers trying to drive a golf cart around a course marked with cones while texting. Needless to say, very few cones remained standing at the end, and the exercise supposedly demonstrated the dangers of what I’m going to call DWD, driving while distracted. I … Read entire article »
Filed under: DUI, Government Rants
Too Good to Last
You may remember an old post about whether you can get a DUI in a car that doesn’t work. The issue came down to “actual physical control.” That’s because you don’t have to drive to get a DUI in Arizona; you just have to have actual physical control of a vehicle. When Arizona’s Court of Appeals, Division Two came out with a related opinion in State v. Zaragoza, I put up another post about actual control. I was pretty negative about whether the opinion would make a difference. It turns out I was right to be negative, but for the wrong reasons. This summer, the Supreme Court of Arizona vacated the opinion of the Court of Appeals. In Zaragoza, the defendant staggered to his car and got … Read entire article »
Filed under: Arizona Cases, DUI
They Were Practically Begging to Be Struck…
A lot of people have been writing about peremptory challenges lately. You can read some interesting posts here and here. In Arizona, the parties each get six peremptory challenges in felony cases not punishable by death. It’s not always easy getting a juror struck for cause, so those six “free” strikes usually feel like far too few. The problem is that most people think they can be fair even when they really can’t be. Who’s willing to admit to a room of strangers that they can’t possibly be fair and impartial? Recently, I learned that when drinking and driving might be involved, the answer is “almost everyone.” I had a trial a couple months ago where there was evidence my client drank alcohol prior to … Read entire article »
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