» Entries tagged with "DWI"


The folks at the MVD tell me that, if you do your administrative suspension before you are convicted of DUI, you can get a restricted license after thirty days and avoid having to get expensive SR22 insurance. They say you won’t get those benefits if you are convicted first. Speaking with former clients, however, the ones who do the admin per se suspension first do indeed experience what the MVD predicted, but so do the ones who get convicted first. I haven’t called the MVD to argue with them about why they didn’t screw my clients like they said they would. The folks at jail tell me that, if the order of confinement for a day of jail says “one day,” they will hold my clients for a … Read entire article »

Filed under: DUI, Government Rants, jail

A DUI Victory! (Mostly…Well A Little, At Least)

In 2012, I discussed the fact there were real problems with the scientific evidence offered by the state in criminal cases and that many courts not only let the questionable evidence come in, but even prevented the defense from bringing up the problems. In 2013, I wrote about the problems with a machine used for blood tests in Scottsdale DUI cases specifically, and about how a superior court judge actually ruled that blood test results in several cases were inadmissible pursuant to Rule 702 of the Arizona Rules of Evidence because the scientific principles and methods weren’t being applied reliably because of their equipment problems. Always the skeptic (and usually right), I was less than optimistic about what the appellate court would do. In 2014, I was (sadly) proven right, and … Read entire article »

Filed under: DUI

One Day Of Jail And A Whole Lotta Pain In The Ass

Quite often, criminal punishments are harsh not because they involve a lot of jail time or heavy fines, but because of the irritating hoops you have to jump through to satisfy them. It’s most common in Phoenix DUI cases, and it reaches its irritating extreme for out of state DUI defendants trying to do their jail sentence someplace else. Come on vacation, leave on probation It’s a common little joke around here, and in my line of work, I see it in action constantly. Whether we’re the destination for the Superbowl, a golf tournament, a biker rally, or a high school spring break field trip, we make sure our cops work around the clock so no vacationer escapes without having to respect our authoritah. The poor guy who lives elsewhere, who … Read entire article »

Filed under: DUI, jail

Ignoring The Will Of The People

You would never in a million years see an opinion like State v. Hancock in anything but a criminal case. In it, the Supreme Court of Arizona spent its valuable time analyzing a provision that said a certain group authorized to do a certain thing cannot be denied “any right or privilege . . . by a court” for doing that thing. One party was a member of that group, and the other party was trying to have a court deny her the thing a court by law cannot deny her. It might seem like the Supreme Court’s conclusion is beyond obvious, and it surely should be. The problem, however, is that the party arguing the law does not mean what it says is the State of Arizona, … Read entire article »

Filed under: Drugs

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 are … Read entire article »

Filed under: DUI

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 component … Read entire article »

Filed under: DUI

You’re Screwed Just The Same

Accomplice liability must be a tough thing to grasp, as I often hear defendants argue about how they shouldn’t be sent to prison for various things because it wasn’t totally their fault. They didn’t kidnap the victims, they just continued to hold them against their will after someone else snatched them. They didn’t assault the victims themselves, they just drove their co-defendants to the victims’ house to do it. I could go on and on. Addressing those sorts of arguments, I sometimes hear prosecutors and judges say that it didn’t matter to the victims who made what decision and who took over which responsibilities; they’re awful crimes, and all participants should face the music. In one case, the prosecutor asked, “do artificial distinctions comfort someone in a … Read entire article »

Filed under: DUI, Police

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

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