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» Entries tagged with "refusal"

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

More on Victim Interviews

I started responding to some comments on this post, but I ended up writing way too much for one little comment. No harm in putting up another post, right? Anyway, to give you some background (for those of you who don’t like reading blog comments), I brought up in a comment that A.R.S. § 13-4433(B) says “the defendant, the defendant’s attorney or an agent of the defendant shall only initiate contact with the victim through the prosecutor’s office.” Andrew Becke asked: “is there a way to initiate contact with the victim through a motion to the court, thus requiring the prosecutor to respond in a pleading that the victim doesn’t want to talk? That might enhance their desire to be honest.” My answer would be that there are a few … Read entire article »

Filed under: Arizona Cases, Victim's Rights

The Right to Counsel, Admin Per Se

If an officer has probable cause to believe you are in actual control of a motor vehicle while under the influence of drugs or alcohol, the law provides that you will lose your license for a year if you don’t submit to a chemical test. Personally, I find the whole concept offensive and wholly incompatible with the idea of a free society. However, one thing that makes it even worse is that the judge at your admin per se hearing (license suspension hearing) will only consider whether the officer had reasonable grounds to believe you violated a DUI statute, whether you were arrested, whether you refused or failed to complete an alcohol or drug test, and whether you were informed of the consequences of your refusal or failure. … Read entire article »

Filed under: Arizona Statutes, DUI, MVD Hearings

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