» Entries tagged with "influence"

Tempe’s Perverted Priorities

A recent article about Tempe discusses some new cash coming in for a very important purpose: The Tempe Police Department has been awarded a grant worth more than $360,000 to tackle a backlog of untested rape kits. “We are looking at several hundred kits at least,” Mike Pooley, a lieutenant with the Tempe Police Department, said. There are rape kits stacked to the ceiling in evidence vaults around the state and Tempe is no exception. Detectives can only guess 500 or more kits deserve to be tested and reviewed. If you’re thinking Tempe has prioritized the investigation and prosecution of rapes as something urgent, though, you’re crazy. How does that make them any money? At any given time, my caseload involves at least one person who got caught taking a leak in some dark … Read entire article »

Filed under: DUI

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

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

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