» Entries tagged with "impaired"

Prove You’re Not Impaired

The best thing I can say about the recent Supreme Court of Arizona opinion in Dobson v. McClennen is that it is far better than the terrible Court of Appeals opinion it vacates. The heart of the issue in the case is the Mesa City Prosecutor’s Office’s despicable desire to convict medical marijuana patients of driving under the influence when they are not under the influence. The Court of Appeals of Arizona condoned the practice. Although the Supreme Court of Arizona disagreed, it placed the burden on patients to prove their lack of impairment. It is actually a pretty simple issue if you do not have something against medical marijuana and a serious creative streak when it comes to statutory interpretation, as A.R.S. § 36-2802(D) provides that a medical marijuana patient … Read entire article »

Filed under: DUI, Medical Marijuana

All The Power

Adrian keeps telling me: Sometimes I wish we just dealt with those people from Hellraiser instead of some prosecutors; then, at least, my mom could understand why my job is so damn frustrating. I went to court a while back for a felony DUI client. Absurd mandatory minimums and absurder (this can’t be a word, but Google says it is so I’m going with it) plea policies from most prosecutorial agencies make me hate these cases. That combined with the fact the crime isn’t so much something someone might know they’re committing but rather possession of an arbitrary amount of something in their blood as determined by a machine that might not work makes for a killer cocktail of injustice. When the crime is something designed to insure you … Read entire article »

Filed under: DUI, Prosecutors

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