» Entries tagged with "DUI drugs"

Some (Un)Sound Advice

December 23rd, 2010 | Add a Comment

I often hear some really dumb things from prosecutors, but yesterday, I might have heard one of the dumbest things to date. It was in a DUI drug case where the prosecutor made a plea offer with no benefit to my client. I filed a number of motions, and yesterday was the motion hearing. From the beginning, my client has wanted to plead. He just doesn’t want to lose his license for a year, which is the case with DUI drugs, so we asked for him to plead to DUI for being impaired to the slightest degree, a different subsection with a 90-day license suspension attached. It’s a case where the supposed marijuana use was a day before driving. My client is young and has no … Read entire article »

Filed under: DUI, Prosecutors

We're Already Ridiculous

February 21st, 2009 | 3 Comments

For the second time in less than a week, I’ve been inspired to write by a post over at the DUI Blog. I guess that Kentucky, my home state, might pass a law allowing a driver who tests positive for traces of marijuana to be convicted of DUI even if he or she is unimpaired. The DUI Blog puts that in the this-is-getting-ridiculous department. Well, here in Arizona, we’ve been ridiculous for a while. Arizona’s DUI law says, “[i]t is unlawful for a person to drive or be in actual physical control of a vehicle in this state . . . [w]hile there is any drug defined in section 13-3401 or its metabolite in the person’s body.” Impairment doesn’t matter, as it’s a strict liability crime. … Read entire article »

Filed under: Arizona Cases, Arizona Statutes, DUI, Government Rants, Legislation

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