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» Entries tagged with "mesa"

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

Rock Bottom

At a hearing earlier this week, I mentioned to the judge how a police officer unfairly targeted my client. It seemed to me that the cop was clearly out to get him. The judge laughed, “he’s a motor; of course he’s out to get your client, those guys are out to get everyone.” The prosecutor laughed too. The judge then mentioned how he gets extremely nervous every time he’s driving his car and sees a “motor” sitting there on a motorcycle, just waiting to catch someone for something. “I keep my hands at ten and two, go under the speed limit, and only look straight ahead,” he joked. The prosecutor chimed in, “those guys will nail you for anything; they’d give their own mother … Read entire article »

Filed under: Government Rants

Watching The Watchers

Recent events in Ferguson, Missouri have drawn a great deal of attention to the issue of police brutality. One idea to address the problem involves equipping all police officers on patrol with body-worn cameras, which people apparently call BWCs. It is beyond me how people are even debating this. Study after study suggests that cops behave better when they wear BWCs. Compared to cops who wear BWCs, cops who do not wear BWCs are involved in many more use-of-force incidents and receive far more complaints. When two jurisdictions right here in Arizona, Mesa and Phoenix, had some of their officers wear BWCs, things were no different. In Mesa, there were 40 percent fewer total complaints and 75 percent fewer use of force complaints for officers with cameras. … Read entire article »

Filed under: Police

Are They Idiots Or Are They Liars?

I wouldn’t be writing about Mesa twice in row if I didn’t think it was all noteworthy. This time, though, I’m a little less cynical. I refuse to believe the judges at Mesa City Court are anywhere near as simple-minded and unfair as some of the prosecutors there claim. To give you some background, if you are charged with misdemeanor DUI in Arizona and your BAC is between 0.08 and 0.15, the mandatory minimum jail sentence is one day with nine days suspended. If your BAC is between 0.15 and 0.20, it’s nine days with twenty-one days suspended. Any misdemeanor DUI in Arizona could theoretically result in 180 days in jail, but I’ve never seen it happen, heard about it happening, or even realistically considered that any prosecutor could … Read entire article »

Filed under: Courts, DUI, Prosecutors

For Your Protection

I spent some of my afternoon yesterday in traffic court. The criminal counts in a client’s case had been dismissed by the prosecutor, but the civil count remained. The court set it for a civil traffic hearing regarding my client’s alleged violation of A.R.S. 28-964(A). He was charged with riding a motorcycle in Mesa in September while wearing a helmet with the visor up. I’m not so sure that’s illegal. I pulled up to Mesa’s nice new courthouse and parked in their nice new parking garage. When I walked up and opened the heavy metal and glass door, it felt expensive. Inside, I took off my belt and put it in a tray along with everything in my pockets. A few chubby security guards … Read entire article »

Filed under: Arizona Statutes, Bikers' Rights, Courts, Police

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