Brown & Little, P.L.C. » Entries tagged with "suspension"

The Inner Workings of Arizona’s Motor Vehicle Division

Considering how Arizona is pretty much designed and built around the automobile and how the MVD has a remarkable amount of power to alter and even strip residents of their so-called “privilege” to drive, you’d think that its policies and procedures would be transparent, consistent, and easy to understand. Surprise, surprise, you’d be wrong. The MVD works in truly mysterious ways. Let’s say, for example, that you’re a criminal defense lawyer and you want to know the effect of a certain type of conviction on a client’s driver’s license. Specifically, you’re trying to figure out the MVD consequences of a conviction for driving in violation of a license restriction, A.R.S. 28-3480. I am personally quite familiar with the charge, though I didn’t have to worry about the … Read entire article »

Filed under: MVD Hearings

We're Already Ridiculous

For the second time in less than a week, I’ve been inspired to write by a post over at the DUI Blog. I guess that Kentucky, my home state, might pass a law allowing a driver who tests positive for traces of marijuana to be convicted of DUI even if he or she is unimpaired. The DUI Blog puts that in the this-is-getting-ridiculous department. Well, here in Arizona, we’ve been ridiculous for a while. Arizona’s DUI law says, “[i]t is unlawful for a person to drive or be in actual physical control of a vehicle in this state . . . [w]hile there is any drug defined in section 13-3401 or its metabolite in the person’s body.” Impairment doesn’t matter, as it’s a strict liability crime. … Read entire article »

Filed under: Arizona Cases, Arizona Statutes, DUI, Government Rants, Legislation

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