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Arizona Court of Appeals rules that having active THC (Marijuana) in one's system under the Arizona Medical Marijuana Act (A.R.S. § 36-2802) is NOT a defense to a DUI under A.R.S. § 28-1381(A)(3) - Driving or Actual Physical Control while having any drug or metabolite defined in A.R.S. § 13-3401 in one's system, as long as there is the possibility for impairment. Darrah v. Hon. McClennen.

Arizona Supreme Court Rules in a Published Opinion that
Having an Inactive Marijuana Metabolite in your System While Driving a Motor Vehicle is not a DUI. State ex rel. Montgomery v. Harris (Shilgevorykan).

United States Supreme Court Rules in a Published Opinion that
An Anonymous 911 Tip, Unsubstantiated by an Officer, and Without More, IS Reasonable Suspicion to Stop a Vehicle. Navarette v. California.

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Latest Guides
Guide to All DUI Sentences - 2012-13

Guide to All DUI Sentences - 2012-13 IPAD Edition
 
Updated
12/7/12

12/7/12

 
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11/25/14
Arizona Leaders Tout Holiday DUI Enforcement

 

11/18/14
Phoenix Police Chief Daniel Garcia Needs to Go

 

11/18/14
Phoenix Police: Drunken Driver Hit, Killed Pedestrian

 

11/17/14
Wrong-Way Driver Stopped on Loop 101 in Scottsdale

 

11/16/14
4 New Tools That May Help Phoenix Police Do Job

 

11/06/14
Video Chats Replace In-Person Visits at County Jails

 

11/04/14
Records: Suspect in Chandler Police Officer's Traffic Death Intoxicated

 

10/24/14
Phoenix Wrong-Way Driver Arrested upon Hospital Release

 

10/21/14
Court: Marijuana Law Doesn't Give DUI Immunity

 

10/18/14
Vehicle Strikes DPS Motorcycle Officer in Scottsdale, Police Say

 

10/13/14
High Tech Wristband Can Tell You When You're Drunk

 

8/21/14
MCSO: Driver's BAC More Than Twice the Legal Limit

 

7/24/14
Vertical Driver's Licenses No Longer OK for Alcohol Purchases

 

7/24/14
Wrong-Way Driver Arrested on Loop 202, DPS Says

 

7/19/14
West Valley Police Get New DUI Enforcement Tools

 

6/18/14
Man Cited for Giving Heads up on DUI Checkpoint

 

6/16/14
Woman with DUI History Arrested in Mesa Fatal Collision

 

6/06/14
Alcohol Suspected in Fatal Crash in Phoenix

 

5/25/14
New Law Adds Penalties for Impaired Hit-and-Run Drivers

 

5/21/14
Records: Driver in Fatal Gilbert Wrong-Way Crash was Impaired

 

5/19/14
Wrong-Way Crashes Prompt Emergency Meeting

 

5/19/14
Chandler Police Officer Suspected of DUI

 

5/19/14
Tempe Police: Drunk Driver Hits 2 Pedestrians

 

5/09/14
Paradise Valley Police Upgrade Technology, Adding Staff

 

5/09/14
Ex-MCSO Deputy Had Hundreds of IDs, Licenses in Phoenix Home

 

5/09/14
Maker of Powdered Alcohol Addresses Concerns on YouTube

 

5/06/14
Court Overturns Scottsdale Public-Intoxication Law

 

5/06/14
Cinco De Mayo Weekend DUI Task Force Reports Fewer Arrests

 

4/22/14
Arizona High Court: Pot Metabolite Doesn't Prove DUI

 

3/17/14
St. Patrick's Day DUI Enforcement Early Numbers Released

 

2/24/14
More Offenders Get Home-Detention Option

 

2/13/14
Surprise Police Officers Get Body Cameras

 

2/11/14
Traffic-Camera Contract Taken Off Council Agenda

 

2/06/14
Bar Receipts are Used to Indict Suspect in Fatal 2013 Hit-and-Run

 

2/06/14
Mesa Sees Body Cameras as Practical Police Tool

 

1/31/14
DPS Boosts DUI Patrols for Super Bowl Sunday

 

1/29/14
Police Release 911 Calls of Tempe Walmart Parking Lot Crashes

 

1/28/14
Driver Indicted on Manslaughter in Fatal 2012 Phoenix Wreck

 

1/27/14
Gilbert Man Arrested in Apache Junction After Mesa Crash

 

1/27/14
Tempe Hit-and-Run Crash Injures 2, Police Say

 

1/15/14
$32K in Grant Money Will Help Surprise Police Buy Equipment

 

1/15/14
Drinking Linked to Faster Mental Decline in Men

 

1/14/14
Court Reinstates Scottsdale DUI Test Results

 

1/07/14
How Much Do You Drink? Most Say Doctors Never Ask

 

1/06/14
Arizona DUI Arrests Fall for First Time in Decade

 

1/06/14
Scottsdale Studies Ordinance to Regulate Pedal-Pub Vehicles

 

1/06/14
Pinetop-Lakeside Alcohol Crackdown Leads to Citations

 

1/06/14
Voluntary Government Checkpoints Spark Backlash

 

1/01/14
Reforms at MCSO Over Racial Profiling Will Cost $21.9 Million

 

12/22/13
New Mesa Officers to Try Cameras

 

12/16/13
Tempe Officer Arrested in Police Standoff in Gilbert

 

12/13/13
Pinal County Deputy Fired Over Driving Offenses

 

12/12/13
Texas Teen's Fatal DWI Defense: 'Affluenza'

 

12/06/13
Free Valley Light-Rail, Bus Rides Offered for New Year's Eve Partiers

 

12/05/13
Phoenix Police Await Toxicology Results in Accident that Killed Boy

 

12/03/13
Arizona Police Agencies Tout Holiday DUI Enforcement

 

12/03/13
Vehicle Hits Bicyclist in Scottsdale, Police Say

 

12/02/13
Mesa Police: Man Arrested for DUI, Crash Involving 2 Kids

 

11/29/13
DUI Patrols in Force for Holiday

 

11/20/13
Video: Border Patrol DUI Concerns

 

11/19/13
Police: Impairment Possible in Glendale Collision that Injured 5

 

11/14/13
Government Speeds Research on Car-Safety Systems

 

11/11/13
Scottsdale Police Suspect Alcohol a Factor in Pedestrian Getting Hit

 

11/07/13
State Backs DUI Law that Harms the Innocent

 

11/07/13
Phoenix Man Faces Charges in Fatal Wrong-Way Crash

 

11/04/13
Woman Accused of DUI After Crashing into PCSO Vehicle

 

11/01/13
Prosecutors Challenge Judge's Tossing of Scottsdale Lab's DUI Findings

 

11/01/13
Mesa Police: Man Arrested for Fifth DUI

 

10/31/13
DUI Task Force Patrolling Tempe Streets This Weekend

 

10/31/13
San Tan Valley Woman Accused of Stealing Officer’s Copy of Ticket

 

10/31/13
Tempe Police Officer Resigns Amid Criminal Investigation

 

10/29/13
Mesa Mom Accused of DUI with 3 Kids in Car

 

10/28/13
Prosecutors Under Scrutiny are Seldom Disciplined

 

10/28/13
YCSO: 1 Ton of Pot Seized After Traffic Stop

 

10/25/13
Ohio DUI Confessor Says Video Might Have Hurt Him

 

10/23/13
Scottsdale Council Divided on Requiring Bars to Hire Off-Duty Police

 

10/23/13
Man Gets 6½ Years After DUI Crash Confession

 

10/22/13
Phoenix Officer Suspected of Leaving Gilbert Crash Scene

 

10/22/13
Leaving the Driving to a Computer Has Big Benefits

 

10/22/13
Cave Creek Municipal Court in Need of Improvements, Study Shows

 

10/07/13
Child, 3, Dies of Injuries From Head-On Phoenix Crash

 

10/01/13
Court: Is Anonymous Tip Enough for Traffic Stop?

 

9/30/13
Phoenix Lawyer Pleads Guilty in Fatal Hit-and-Run

 

9/30/13
Where Can a Just-Released Felon Find a Job?

 

9/14/13
Arizona Colleges to Form Task Force After Alcohol-Fueled Incidents

 

9/13/13
Wrong-Way Phoenix Driver in Fatal Wreck Sentenced to 10 Years in Prison

 

9/12/13
Tempe Police, MCSO Continue Crackdown on Alcohol, Parties

 

9/09/13
MCSO Joins Crackdown in Tempe

 

9/09/13
Nearly 100 Stopped in Peoria DUI Crackdown

 

9/09/13
Man Who Confessed in Video Charged in Crash

 

9/09/13
Man Faces DUI Charge After 375-mile Drive to Jail

 

9/06/13
Phoenix Detective Facing Possible Extreme DUI Charge

 

9/04/13
Tempe Police, MCSO Make Nearly 1,400 Arrests During ‘Safe and Sober’

 

9/04/13
Over 600 DUI Citations Issued Over Labor Day Weekend

 

9/04/13
Phoenix Ranked Safest for Drivers Among Big Cities in Allstate Report

 

9/03/13
Video: Caught on Camera: Arrested on Suspicion of DUI

 

8/30/13
Accused MCSO Captain Assigned to Cave Creek Resigned After Demotion

 

8/29/13
Father Buys Drugs with Child in the Car Instead of Taking Her to Preschool

 

8/28/13
Driver Killed After Hitting Light-Rail Pole, Tempe Police Say

 

8/23/13
Driver Arrested After Phoenix Police Chase

 

8/23/13
Video: Tempe Police Issue Nearly 100 DUI's in "Safe and Sober" Campaign

 

8/22/13
Judge Throws Out Blood Tests in Scottsdale DUI Cases

 

8/22/13
Public Less Worried About Dangerous Driving

 

8/21/13
Dad Asks Son to Hold Beer, Kicked Out of Arizona Cardinals Game

 

8/20/13
Phoenix Police Lieutenant Arrested in Mesa

 

8/14/13
Scottsdale Police Car, Sedan Collide at Intersection

 

8/12/13
Video: Police - Drugs May be a Factor in Deadly Mesa Wreck

 

8/12/13
U.S. Wants Major Changes to Criminal Justice System

 

8/12/13
Chandler PD: Man Released, Steals Ambulance

 

8/12/13
Glendale Police: Driver in Fatal Crash May Have Been Impaired

 

8/11/13
Valley Police Offering Apps to Link with Public

 

8/08/13
Legal Fight Brews on Impairment in Medical-Pot DUIs

 

8/07/13
2 in Same Car Charged with DUI

 

8/07/13
Prosecutor: Phoenix Officer a Bully in Confrontation That Turned Deadly

 

8/05/13
Drunk Walking Leads to Pedestrians Fatalities

 

8/02/13
Boy Calls 911 on Drunk Dad, Police Say

 

8/01/13
Police: Scottsdale Man Arrested for Stealing Cigarettes from Cops

 

7/31/13
Fire Crews Rescue Woman in Phoenix Canal

 

7/31/13
Wismer Restoring Confidence in Arrowhead JP Court

 

7/29/13
States Take the Wheel on Driverless Cars

 

7/29/13
Man Arrested After Fatal Phoenix Accident on Interstate 10

 

7/25/13
Scottsdale Arming Officers with Body Cameras

 

7/25/13
Report Details Arrest of Man in Aggravated DUI Case

 

7/25/13
Board: Glendale's Former Assistant Police Chief Should be Reinstated

 

7/23/13
Phoenix City Council Candidate Mistakenly Detained

 

7/17/13
License-Plate Cameras Track Millions of Americans

 

7/17/13
Phoenix Police Department Sees Shake-Up at Top

 

7/15/13
Phoenix Police Officer Pleads Guilty to Forgery

 

7/11/13
Sheriff Breaks Silence on Viral DUI Checkpoint Video

 

7/11/13
Prescott Woman Accused of Felony DUI in Crash

 

7/10/13
DUI Case Collapses in Nevada Crash that Killed 5

 

7/10/13
Chandler Police: Officer Arrests Beer-Drinking Bicyclist

 

7/09/13
Phoenix Police Officer is Sunk by Own Cam

 

7/09/13
Valley Police Departments Utilizing Digital Fingerprinting

 

7/08/13
Video: Viral TN DUI Checkpoint Video Begs Legal Questions

 

7/04/13
Overdose Can Come Quickly by 'Smoking' Alcohol

 

7/03/13
Video: Boy Thrown from Car, Mom Charged with DUI

 

7/03/13
Scottsdale Police: Man Pulled Over for Driving Stolen Forklift

 

7/02/13
Man Convicted of Manslaughter in Fatal Mesa Crash

 

7/02/13
Holiday-Related Issues to Hold Police Officers’ Focus Through Weekend

 

6/26/13
Charges Refiled in Fatal Phoenix Hit-and-Run Case

 

6/26/13
Man Arrested in El Mirage in Extreme DUI

 

6/25/13
Dropped DUI Charges Raise Question of Special Treatment

 

6/25/13
Still No Trial in '10 Crash that Claimed N.J. Cop's Life

 

6/25/13
Cops: DUI Suspect Quotes Bogart, Sinatra

 

6/22/13
DUI Can Result in Consequences on Job

 

6/21/13
Report Outlines Scottsdale Officer's Lies to Internal Affairs

 

6/19/13
Suspect Pleads Not Guilty in Hit-Run Death of Phoenix Officer

 

6/18/13
Cops: Drunk Boy, 13, Led Chase, Crashed into Tree

 

6/17/13
DUI Suspect Hands Cops a Beer, Claims to be Gov't Assassin

 

6/17/13
Man’s Truck Hits Car, Crashes into Fence, Scottsdale House

 

6/17/13
Paradise Valley Approves 5-year Pact for Photo Enforcement

 

6/15/13
Alaska Man Charged with DUI on Shopping Cart

 

6/14/13
Surprise Police Chief Stands by Force in DUI Case

 

6/13/13
Paradise Valley will Decide on Continuing Photo Enforcement

 

6/12/13
Arizona Recreational Marijuana use Initiative Launched

 

6/11/13
Study: 40% of Designated Drivers Are Over the Alcohol Limit

 

6/11/13
Surprise Man Seeks $500K, Alleges Racial Profiling in DUI Case

 

6/09/13
Fraud Probe vs. Phoenix Officer May Hurt DUI Cases

 

6/07/13
DUI Suspect Allegedly Fought Mesa Police After Colliding with Neighbor’s Truck

 

6/07/13
Ex-Tempe Police Officer Aaron Smith Sentenced in Theft Case

 

6/06/13
Lax Rules Let MCSO Supporter Pose as Deputy

 

6/06/13
Police Identify Woman Hit, Killed by Car in Glendale

 

6/04/13
Surprise Man Charged with DUI, Documents Show Drug Recognition Experts Said No Impairment Present

 

6/04/13
Details Emerge in Hit-Run that Killed Phoenix Officer

 

6/02/13
2 Phoenix Officers Hit in Suspected DUI

 

6/01/13
Alcohol Nutritional Labels Could be Coming Soon

 

5/30/13
Editorial: Don't Lower Blood Alcohol Content to .05%: Our View

 

5/29/13
Colo. Marijuana Regulations Signed into Law (with Video)

 

5/28/13
Mesa Police Arrest Mom, Son in Drunk-Driving Case

 

5/28/13
Highlights of Colorado's New Marijuana Laws

 

5/23/13
Light-Rail Crash Video Released; Suspect in Custody

 

5/17/13
Woman Facing Charges in Fatal Loop 202 Crash in Mesa

 

5/14/13
Lower Drunk-Driving Limit to .05, Federal Board Says

 

5/14/13
Woman Arrested in Phoenix Bus Stop Hit-Run

 

5/14/13
Drunk ASU Student Left at Hospital with Post-It Note

 

5/12/13
Man Charged with DUI After Hitting Light-Rail Train

 

5/11/13
E-mails Point to Problems in Scottsdale Crime Lab

 

5/06/13
Valley Police Agencies Ramping up DUI Enforcement this Month

 

5/05/13
Woman Crashes into Sedona Fire Station, DUI Suspected

 

5/05/13
Cinco de Mayo DUI Enforcement Nets 274 Arrests

 

5/01/13
Dismissed Arias Trial Juror Says He Had DUI Arrest

 

4/30/13
Lawyers Spar Over DUI Lab in Scottsdale

 

4/30/13
Surge in Spring-Break Arrests in Lake Havasu

 

4/29/13
Police: DUI suspected in Phoenix Crash that Injured 5, Including 3 Children

 

4/29/13
Arizona’s Newest Laws: DUI Penalties and IID's

 

4/25/13
Poll: 34% of Teens Say Pot Improves Driving

 

4/23/13
Mesa Man Arrested in Meth-Related Traffic Stop

 

4/21/13
1 Dead, 1 Injured in Dirt Bike Collision

 

4/17/13
Court Rejects Routine No-Warrant DUI Blood Tests

 

4/16/13
DPS Officer Arrested, Accused of Disorderly Conduct at Country Thunder

 

4/15/13
DUI Suspect in Chandler Accused of Going 85 mph in 45 mph Zone

 

4/15/13
Study: Beer’s Taste May Trigger Urge to Get Drunk

 

4/13/13
Video: Drivers Say Drug DUI Cops (DRE) Are Out of Control

 

4/12/13
Officer Misconduct Threatens Dozens of DUI Prosecutions in AZ

 

4/11/13
Search-Warrant Process in DUIs Faster for Phoenix Police

 

4/05/13
Scottsdale DUIs in Question Over Lab Methods

 

4/05/13
No Charges Filed vs. Pinal Deputy in Fatal Crash

 

4/04/13
Victims in 2 Fatal Crashes ID'd; Charges Likely for Injured Driver

 

4/04/13
Mesa Justice of the Peace Cited in Shoplifting Case

 

4/02/13
Chandler Police: Man Who Drove into Brick Wall Suspected of DUI

 

4/01/13
Father Accused of Driving Drunk with Son, 3, in Vehicle

 

3/30/13
Arizona Ruling on DUI Test for Pot Appealed

 

3/28/13
Tucson to Raise Penalties for Shooting While Drunk

 

3/26/13
Surprise Will Not Renew Deal With Photo-Radar Firm Redflex

 

3/23/13
Woman Dead in Phoenix Hit-Run, Police Say; Arrest Made

 

3/22/13
Phoenix Police: Car in Fatal Hit-Run was Washed; Suspect Now in Custody

 

3/21/13
Man Arrested after Car Chase from Sedona to Flagstaff Area

 

3/21/13
Officials: Kingman Man Accused in DUI Had 3 Kids in Vehicle

 

3/19/13
Report: MCSO Overbilled Scottsdale for Jail Housing

 

3/19/13
DUI Arrests Over St. Patrick’s Day Weekend Decreased

 

3/19/13
Chandler Man Accused in Hit-Run Involving 2 Children

 

3/18/13
Man Arrested When Police Find Him Asleep at Chandler Intersection

 

3/14/13
St. Patty’s Day to Bring DUI Hunt in Tempe, Scottsdale

 

3/13/13
Woman Suspected of Fatally Striking Motorcyclist Had License Revoked

 

3/13/13
Tempe Police Identify Motorcyclist Killed in Collision Tuesday Night

 

3/12/13
Cops: Woman Found in School Bus Drunk

 

3/12/13
50 Years Since the Arrest of Ernesto Miranda

 

3/11/13
Phoenix Man Arrested in Aggravated DUI; Had Children in Vehicle

 

3/11/13
2 Hurt in Phoenix Wrong-Way Interstate 17 Crash

 

3/10/13
Serious Injuries in Tempe Collision

 

3/08/13
Drunken Driver Sues Buddy, Restaurants

 

3/07/13
Mesa Police Accuse ‘Weaving’ Motorist of Aggravated DUI

 

3/06/13
Letter of Concern Placed in 2 Police Supervisors’ Files

 

3/05/13
Today at the Capitol (Ignition Interlock Exception)

 

3/05/13
Autopsy: ASU Freshman Drowned with Alcohol in System

 

3/05/13
Mesa Police Make Four DUI Arrests Over the Weekend

 

3/05/13
Woman Drives Off Cliff, Cited for DUI

 

3/05/13
Hit-Run Suspect Killed Original ‘50 cent,' Police Say

 

3/04/13
Chandler Man Arrested After Spotted with Handgun in Pocket

 

3/04/13
Missing Tire Leads to DWI Charge

 

3/02/13
Not High But Still DUI

 

3/02/13
New Homeowners Awake to Car Crashing into Home

 

3/01/13
Chandler Man Accused of Headbutting Girlfriend in Face

 

2/28/13
Arizona Corrections Director: Number of Staff Arrests Worrisome

 

2/28/13
Man Accused of Trying to Run Down People in Mesa

 

2/27/13
Man Held in DUI, Dragging of Phoenix Officer

 

2/27/13
Surprise Father, Who Forced Sons to Drink Alcohol and Threw Them into a Pool, Receives Three Year Probation

 

2/24/13
Phoenix Police Officer Dragged Through Streets, Released from Hospital

 

2/22/13
Mesa Police: Flat Tire Leads to Man’s Arrest for Extreme DUI

 

2/22/13
Utah Trooper Accused of Making Bogus DUI Arrests

 

2/22/13
Drinking Game, Spiked Wine Leads to Attempted Murder Charge

 

2/21/13
Man on Walmart Scooter Faces DUI Charge

 

2/21/13
Law is True Infringement

 

2/20/13
$10.5M Awarded Over Monster-Truck Death

 

2/19/13
DPS: I-40 Driver Read-Ends Officer, Is Suspected of DUI

 

2/19/13
Superior Court Upholds Scottsdale’s Ordinance on Public Intoxication

 

2/19/13
Glendale’s DARE Program Scrapped

 

2/18/13
Flyer in Tot-Slapping Incident Out of Job

 

2/13/13
Arizona Court Ruling Upholds DUI Test for Marijuana

 

2/13/13
Tempe Police: 1,761 Fake IDs Seized on Mill Avenue in 2012

 

2/12/13
Police: Mesa Man Arrested in Extreme DUI After Hitting 3 Parked Cars

 

2/11/13
Gilbert Councilman Taylor Backs Off Stance to Oppose All Liquor Licenses

 

2/11/13
Dad Arrested After Boy, 2, Wanders Into Bar Alone

 

2/10/13
New York Optometrist Serves Beer and Cocktails Before Eye Exams

 

2/08/13
Mindy McCready in Rehab, Sons in Foster Care

 

2/07/13
Sharp Drop in Drink Deaths Follows Alcohol Price Rise

 

2/06/13
Diet or Regular? Choice of Alcohol Mixer Affects Intoxication

 

2/06/13
Video: Drinks Mixed with Diet Sodas May Make You Drunker

 

2/06/13
Helton Arrested for DUI in Colorado

 

2/05/13
Chandler Man in Crash Accused of Super-Extreme DUI

 

2/05/13
DUI Fears Are Overblown

 

2/04/13
Phoenix Interface Project Would Make Sharing of DUI Data Efficient

 

2/04/13
Man Crashes into Tree After DWI, Cops Say

 

2/04/13
Woman Forgets Meth at Walmart Checkout, Cops Say

 

2/02/13
Scottsdale Mayor Lane Seeking Talks on Bar-Area Safety

 

1/30/13
Coworker at Mesa Repair Shop Arrested for Assault

 

1/29/13
Scottsdale Police Arrest Actor Jason London After Fight in Bar

 

1/29/13
8 Charged in Cheerleader’s 5-Story Fall

 

1/29/13
Woman Assaults Man When He Sees Lewd Text Messages

 

1/29/13
Tempe Police Crack Down on Marijuana 'Compassion Clubs'

 

1/28/13
Man in DUI Crash Steals Ambulance, Police Say

 

1/28/13
Plea Deal Possible in Grace DUI Case

 

1/28/13
Randy Travis to Enter Drunken-Driving Plea

 

1/25/13
Court Documents: Woman Arrested in Peoria on Suspicion of DUI With Kids in Car

 

1/25/13
Video: DUI: Walking the Line

 

1/25/13
Video: DUI Part 3: Examining the Law

 

1/24/13
Woman Who Crashed Car into Scottsdale Applebee’s Dies

 

1/24/13
New Gilbert Councilman Vows ‘No’ Vote on Liquor Licenses

 

1/23/13
Prescott Man Faces Several Charges After Fatal Crash

 

1/23/13
Scottsdale City Council Will Look into Regulating Pedicabs

 

1/23/13
Drunken Driver Who Blamed Cyst Convicted

 

1/22/13
Chandler Motorist Falls Asleep at Intersection, Police Say

 

1/22/13
Nearly Naked Woman Accused of DUI

 

1/22/13
Dentist Charged with Practicing While Drunk

 

1/21/13
Woman Moonwalks During DUI Test, Cops Say

 

1/18/13
Sisters Fighting Law to Open Arizona Winery-Brewery

 

1/17/13
Peoria Police: DUI Arrest Involves 8-Month-Old Baby in Vehicle

 

1/17/13
No Charges in Missing Surprise Police Department Evidence

 

1/16/13
5 Accused of Sexually Assaulting Teen at Party

 

1/16/13
Emergency-Room Visits After Energy Drinks on Rise

 

1/15/13
2 Valley DUI Arrests Involve Children in Car, Police Say

 

1/15/13
Arizona Drug-Related DUIs Rising

 

1/14/13
1 Hurt in Hit-and-Run Crash in Scottsdale

 

1/14/13
2012 Military Suicides Hit Record High of 349

 

1/14/13
Link Between Pot Smoking, IQ Drop Challenged

 

1/13/13
Car-Bus Collision Injures 6 in Tempe

 

1/13/13
Taking Risks Behind the Wheel Can Have Fatal Results

 

1/11/13
Woman in Critical Condition After Phoenix Scooter Accident

 

1/11/13
Driver Arrested with .01 Percent Blood Alcohol

 

1/11/13
Glendale PD: Man Arrested on Suspicion of Assault

 

1/09/13
ASU Student Groped on Tempe Campus by Man Smelling of Alcohol

 

1/09/13
Ferry Strikes NYC Dock, Injuring at Least 57

 

1/09/13
Mesa Police: Driver's Blood Alcohol Three Times Legal Limit

 

1/09/13
Some States Unhappy About the Idea of Happy Hours

 

1/09/13
Court Weighs Warrantless Blood Tests in DUI Cases

 

1/08/13
Man Hit by Bus Walks to Starbucks with Bloody Head

 

1/08/13
Amy Winehouse Inquest Confirms Alcohol Death

 

1/05/13
Scottsdale Crash Shows Pedicab Dangers

 

1/04/13
American Eagle Pilot Arrested at Minn. Airport

 

1/04/13
Idaho Senator Pleads Guilty to DWI Charge in VA

 

1/01/13
More Than 4,000 Arizona Drivers Arrested by Holiday DUI Task Force

 

12/31/12
Glendale Crash Kills 1, Injures Another

 

 

 

 

Archived 2012 DUI/Vehicular News

 

Archived 2011 DUI/Vehicular News

 

Archived 2010 DUI/Vehicular News
 

State v Serna – Supreme Court - Officer must have Reasonable Suspicion that criminal activity is afoot before frisking an individual in a consensual encounter

 

State v Salazar-Mercado – Supreme Court – Rules of Evidence 702 – Admission of Expert Testimony – Expert can provide expert testimony that educates the jury about general principles without knowing anything about the case in particular

 

Darrah v McClennen – AMMA – Arizona Medical Marijuana Act – Permitted use of Medical Marijuana does not confer immunity to DUI while Marijuana is present in one’s system – AMMA not a defense if presence of Marijuana are in sufficient quantities to cause impairment

 

State v Hon. Karp – An Expert witness may testify to their own independent opinion when relying on facts and data prepared by a non-testifying expert

 

State v Spencer – Medical Blood Draw – giving Defendant the option of being arrested or going to the hospital is forcing medical treatment against a person’s will

 

State v Tarr – Shelter Rule – Actual Physical Control – APC - an intoxicated person may use a vehicle as a stationary shelter and not be considered to be exercising present or imminent control over the vehicle for DUI purposes

 

State v Coles – Scottsdale City Ordinance penalizing Incapacitate by Alcohol in Public violates Arizona Statue that local ordinances cannot penalize or impose sanctions for intoxication

 

State v George – Ambien DUI – DUI Statute is not Void for Vagueness – DUI Medication

 

State v Duran – Defendant must testify in order to preserve issue for appeal on court permitting impeachment use of prior conviction or prior admission of guilt in an unsuccessful plea agreement – Announced Rule

 

State v Nelson – MEMO – An offer to stipulate to two prior DUIs within 7 years does not require the judge to preclude that evidence at trial – not unfairly prejudicial

 

State v Yazzie – Driving on a Suspended License requires mens rea – knew or should have known element required

 

State v McCullough-Purcell – Dismissing a case With Prejudice due to prosecutorial misconduct – overturned on Appeal to a Dismissal Without Prejudice

 

State v Moran – Out of State Prior DUI Convictions used to prove prior DUIs – whether out of state prior would have violated Arizona DUI laws – Foreign Prior DUI – proof of alcohol consumed prior to or while driving – Actual Physical Control definition difference

 

State v Johnston - Rule 609 - using a prior Felony conviction for impeachment purposes

 

State v Johnson - MEMO - violation of probation when Defendant claims he was coerced into agreeing to extending probation to pay off fines and fees – jurisdiction

 

State v Jefferson - MEMO - Failure for a court to give a limiting instruction sua sponte is not Fundamental Error - jury could not consider priors as evidence of guilt - medical emergency can be voluntarily absence

 

State v James - Fundamental Error found when Indictment charged Intentionally, while jury was instructed on Knowingly or Recklessly

 

State v Hopkins - MEMO - Chain of custody - Confrontation Clause - lab technician did not testify

 

State v Hager - MEMO - Juror did not take notes during trial, did not know how to write in English, and did not participate in deliberations, was then excused, and called back in

 

State v Gallegos - MEMO - State commenting on the absence of exculpatory evidence does not infringe on right not to testify

 

State v Fetterhoff - MEMO - Vehicle as a Dangerous Instrument

 

State v Evans - MEMO - Necessity in a DUI case

 

State v Eck - MEMO - Batson Challenge

 

State v Collins - MEMO - Blood Alcohol Content itself does not make admissions involuntary

 

State v Canales - MEMO - Victims not wearing seatbelts - does not violate right to present defense - failure to use seatbelts not superseding cause

 

State v Arvallo - Jurors question fearing retaliation by Defendant during trial - failure to turn over Brady material

 

State v Arteaga - MEMO - driver and passenger who grabs steering wheel are both in Actual Physical Control in a DUI

 

State v Andrews - MEMO - Fundamental error on jury instructions

 

State v Almaguer - jury instructions - self defense - cross examination based on motive and bias

 

Hoffman v State – Supreme Court – Defendant may not appeal restitution as part of a plea agreement, must be PCR – Restitution is part of sentence, even if contested

 

Milke v Ryan - 9th Circuit - Habeas Corpus - State failed to disclose Brady material - convictions set aside

 

US v Cotterman – 9th Circuit – Forensic Examination of a computer requires Reasonable Suspicion - expectation of privacy – password protection of files alone is not Reasonable Suspicion

 

State v Palafox – MEMO – Search warrant not supported by probable cause - Batson Challenge

 

State v Almaleki - MEMO - Leaving the Scene of an Accident supports one conviction even if there are multiple victims - multiplicitous - aggravating factors - catch all aggravation only if something more than what is inherent in the offense

 

State v Nunez – MEMO – Prosecutor may comment on failure to submit to blood test – Shifting the Burden of Proof

 

State v Davis - MEMO - Brady Violation in a request for a new trial

 

State v Friedman - MEMO - Fingerprint card done by officer when suspect is booked is a self authenticating public record - not a violation of Confrontation Clause

 

State v Sanchez - MEMO - subpoenaed witness fails to show up for trial

 

State v Wallace - MEMO - jurors seeing leg shackles - Post verdict voir dire to show prejudice

 

State v Ward - MEMO - Miranda Warnings - Custody - De Facto Arrest

 

State v Nixon – MEMO – Prosecution dismissing the case the day before trial after the court denied a Motion to continue due to the absence of a witness, then re-indicted – Speedy Trial Rights

 

State v Metzner – MEMO – Misrepresentation of information for a search warrant

 

State v McClain – MEMO – Margin of Error of Breath Test overcomes a Rule 20 – question of fact for the jury

 

State v Lopez-Vidal – MEMO – Motion to Sever case from co-defendant – Duplicitous charge – jury communicating with baliff about facts of the case

 

State v Shilgevorkyan – Special Action – DUI Marijuana Metabolite – Inactive Marijuana Metabolite Carboxy-THC can still be charged as a DUI

 

State v Nottingham – Dessureault Hearing – Identification of Defendant

 

State v Austin - MEMO - Limiting cross examination - no presumption of consecutive sentence

 

State v Burrell - MEMO - prosecutorial misconduct - referring to Defendant as Con Man not misconduct and does not require new trial - bread and butter of closing arguments - declaring juror as alternate for a scheduling conflict

 

State v Elahi - MEMO - Judge denies requested jury instruction - mere presence - abuse of discretion - no presumption that separate sentences be consecutive

 

State v Estell - MEMO - not abuse of discretion for judge to not strike jury panel when impression is Defendant is in custody - admission of jail tapes - not overly prejudicial to introduce jail calls despite jury knowing that Defendant was in custody - trial delayed for two weeks for witness to continue testifying instead of mistrial

 

State v Gibson - MEMO - waiver of Right to Counsel - pro se - a denied request to severe charges requires renewing the request during trial to preserve the issue

 

State v Gukeisen - MEMO - juror testimony cannot impeach a verdict

 

State v Holden - MEMO - a denied request to severe charges requires renewing the request prior to the close of evidence to preserve the issue

 

State v Jarrott - MEMO - State's failure to timely respond to a Defense motion - judge's decision to allow the State to argue and respond in writing is permitted under judge's discretion to hear late motions - Rule 16.1 - voluntariness of confession based on a promise of a benefit - aggravation of sentence

 

State v Lewis - MEMO - Motion to Suppress due to insufficiency of info in affidavit to warrant the issuance of a search warrant

 

State v Marble - MEMO - Right to Counsel - remedy for Violation of Right to Counsel may be suppression or dismissal

 

State v Moore - MEMO - admissibility of priors for impeachment - Rule 609 - character evidence - Rule 608

 

State v Moreno - MEMO - Motion to Suppress due to insufficiency of info in affidavit to warrant the issuance of a search warrant

 

State v Nowell - MEMO - Prosecutor saying that Defense Counsel's argument was a lie was an isolated comment and did not warrant a reversal of a conviction

 

State v Becerra – Rear tail light not working, and Arizona Law only requires one working tail light, but stop was legal because of public safety concerns that the vehicle was unsafe – community caretaking – waiver of a jury trial – where record is silent on proper waiver of a jury trial, a new trial is appropriate

 

State v Duran – Using statements Defendant made at the Change of Plea for impeachment at trial when the plea agreement falls through – harmless error – In certain situations, Defendant must take stand to testify to preserve issue for appeal – Allie Rule

 

State v Colvin – California DUIs can be used to prove 3 DUIs within 7 Years in Arizona – Acts in another jurisdiction that if committed in this state would be a violation of Arizona DUI laws – 28-1383(A)(2) – Untimely motion – Foreign Prior – Out of State Prior – Consider other state laws as a whole, not merely statues in isolation

 

State v Gray – Rule 20 – Motion for Judgment of Acquittal – Substantial Evidence – Defense Counsel giving an Opening Statement before arguing Rule 20 can be considered in Rule 20 ruling

 

State v Breed - Unlawful Use of Means Lesser Included Offense to Theft of Means of Transportation – Lesser Included Offenses

 

State v Charles – Speedy Trial – Due Diligence – Notice of Pre Trial Conference not received by Attorney or Defendant – Special Action – Court has no duty to advise Attorney of outstanding warrant on Defendant or missed court date – Abuse of Discretion – Prejudice to Defendant

 

State v Cooperman – Breath Testing and Partition Ratios – Presumption of Intoxication

 

State v Corral – MEMO – Corpus Delecti – Traffic stop for failure to read temporary license plate – Fruit of an Illegal Traffic Stop

 

State v Decker – MEMO – Not Fundamental Error to limit Defendant from cross examining witness on motivation to testify – Cross on substantial benefit from plea received, but not on potential sentencing range witness faced

 

State v Hamilton – MEMO – Insufficient Indictment – Insufficient as a Matter of Law – Abuse of Discretion

 

State v Hannon – MEMO – Flight from a crime scene showing consciousness of guilt – Flight Jury Instruction - Prejudice

 

State v Herman – MEMO – Special Action – Gas Chromatograph Instrument – Unreliability of Blood Testing Device – Daubert Scientific Standard – Order by Court to provide all chromatograms and notes as part of Discovery – Substantial Need – Fishing Expedition – Brady Material – Exculpatory Evidence

 

State v Jarrell – MEMO – Not Fundamental Error that other state DUI law does not match Arizona DUI law for the purposes of sentencing enhancement – must argue at trial level

 

State v Kemp – MEMO – Willits Instruction – Failure to Preserve surveillance video tape

 

State v Loney – MEMO – Prosecutorial Misconduct – Repetitive Sentencing Provisions – Statutory Interpretation – Sentencing Statutes – 13-703

 

State v Shilgevorkyan – MEMO – Special Action – Insufficiency of Complaint – Drug and ITS Metabolite – Hydroxy THC is metabolite of metabolite – Legislative Intent

 

State v Sweet – MEMO – Self Defense Instruction upon the slightest evidence – Aggravating Factors – Aggravated Sentence

 

State v Williams – MEMO – Motion to Suppress – Burden Shifting

 

Durazo v State – MEMO – Court orders a mistrial for a manifest necessity, though not requested by either party – Double Jeopardy attaches, retrial precluded

 

State v Villegas Rojas – Endangerment Conviction does not require a named victim

 

State v Narcho – MEMO – Uncontested Mitigation does not require the court to mitigate a sentence

 

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REPRESENTING
  • Misdemeanor Regular DUI

  • Misdemeanor Extreme DUI

  • Misdemeanor Super Extreme DUI

  • Felony Aggravated DUI

  • Leaving the Scene (AKA Hit & Run)

  • Felony Flight

  • Vehicular Endangerment

  • Vehicular Aggravated Assault

  • Causing Serious Injury or Death Involving a Motor Vehicle

  • Vehicular Negligent Homicide

  • Vehicular Manslaughter

  • Vehicular Second Degree Murder

 

 

 

04/11/13 Search-Warrant Process in DUIs Faster for Phoenix Police

 

04/15/13 Brewer's Budget Axes Public-Defense Funds

 

09/24/12 Mesa Officers to Don Cameras to Track Work

 

06/16/12 Uncertainty in Lawsuits Against Phillips & Associates

 

12/15/11 DHS is Terminating MCSO 287(g) Jail Program

 

09/19/11 Phoenix Police Department Gets 50 On-Officer Cameras