July 2012 Archives

July 31, 2012

On July 29, 2012 Arizona's Governor Jan Brewer denied the request to halt implementation of the Medical Marijuana Law voted in by Arizonans in November 2010.

Governor Brewer stated in a letter to the Yavapai County Attorney, that she is "duty-bound" from such halt because "the voters approved it". Approximately 29,500 people have received their Medical Marijuana cards.

The letter signed by Arizona County Attorneys in 13 Counties, including Maricopa County, requested an immediate halt due to the following concerns:

• Arizona Medical Marijuana laws are preempted by the federal Controlled Substances Act ("CSA");
• Imminent threats of seizures and closures of dispensaries in Arizona by the U.S. Attorney exist;
• State employees involved or who participate in conduct that is in violation of Federal offenses is compelling enough to take immediate action to halt of ADHS licensing.

Despite the fact that Governor Brewer did not support the passage of the Arizona Medical Marijuana Act (AMMA), she feels strongly she has a duty to support its' existence which was voted into law by the people of Arizona. She stands on firm ground with her decision, and will move forward with implementation until and unless she is notified by the higher Court that State employees will be prosecuted by administration of the law within their duties.

Arizona Laws

As it stands now Medical Marijuana laws allow for, among other things the following provisions:

• No limit exists as to the amount an approved and licensed dispensary may grow;
• Qualified Patients with valid Medical Marijuana cards may purchase 2.5 ounces every two week.

Arizona Drug DUI and Marijuana DUI Laws

All medical marijuana users should understand that although they are qualified users, with valid cards, that do not prevent them from being arrested for Drug DUI.
Under A.R.S § 13-3401, any person "driving impaired to the slightest degree" due to the influence of alcohol, drugs, or Marijuana, they may still be charged with a DUI. The other fact to keep in mind is that Marijuana stays in the blood stream much longer than alcohol. So even in small amounts, it may show positive on DUI blood or chemical testing days or even weeks after it was smoked or ingested.

Consequences of DUI with Drugs or Marijuana DUI

If you are arrested in Arizona for a Drug DUI, or Marijuana DUI you should consult a criminal defense attorney to discuss your matter and defense options. Penalties for Marijuana DUI Convictions are as severe as those for Alcohol related DUI charges. They carry mandatory jail sentencing; suspension of driver's license; probation; alcohol/drug education, counseling and screening; fines, fees, and assessment costs. You should retain proper legal representation for your charges. They will make sure your rights are protected; that you are treated fairly; and work to get the best resolution in your case. Favorable outcomes may include dismissal of charges, reduction of sentencing; avoidance of jail or other harsh penalties.

Continue reading "County Attorneys want halt on Arizona Medical Marijuana Law Implementation" »

July 22, 2012

Marijuna Defense Attorney Phoenix, AZ.jpg On July 20, 2012 The Arizona Department of Health Services (ADHS) announced its' denial to add 4 conditions to its qualifying Medical Marijuana Act Program. They concluded that Post Traumatic PTSD, Migraines, Anxiety Disorder, and Depression.

Marijuana Possession for Use Charges Phoenix AZ

Under Arizona Law ARS § 13-3405 Possession of Marijuana, intended for personal use, results in Felony charges ranging from Class 4, 5 or 6 depending on certain factors including:

 Aggravated factors results in more serious charges and penalties;
 Mitigating factors will help reduce severity of penalties;
 If the offense involves a person under 18 years of age, more severe charges and penalties will apply.
 The higher the quantity of Marijuana found in a person's possession, the more severe the charges;
 If the drug crime involved dangerous or violent offense charges and penalties will be harsh;
 Whether the person is a first time offender or repeat offender.

Medical Marijuana use is legal under current law under specified circumstances including a restricted amount allowed to be in their possession; and only for persons who qualify under the medical marijuana guidelines of The Arizona Department of Health Services (ADHS).

Marijuana Use and Possession Penalties

All Marijuana Possession convictions expose a person to jail or prison terms; drug screening, education or treatment programs; large fines, fees, and court and assessment costs; community service, and other penalties. Due to the frequent changes in drug laws, including those for Medical Marijuana, this is always subject to change. So if you have been charged or arrested for possession of Marijuana you should always consult an experienced criminal defense attorney to discuss you matter, current laws, and options for defense.

Certain First time offenders may qualify for Maricopa County Drug Court under certain circumstances. Successful Completion of this drug diversion program, is an alternative to incarceration, and other harsh penalties. The person must be eligible and invited into the program. If you feel you may be eligible for it, you should consult a criminal defense attorney to will provide assistance for you to be accepted into the program.

Continue reading "Arizona says "No" Medical Marijuana for PTSD as Qualifying Medical Condition" »

July 17, 2012

Revocation of a driver's license is the termination or denial of a person's driving privileges for an indefinite amount of time (v. suspension which is temporary). A driver's license will remain revoked until certain requirements are met. It usually results from a serious DUI, criminal, vehicular offense, or auto insurance violation. Although it may result from a criminal conviction, a driver's license action is considered a civil matter, with hearings held in civil court the Arizona Motor Vehicle Department (MVD).

Reinstatement of Driver's License in Chandler AZ:

The period of revocation will end, and a new driver's license issued after an investigation is conducted, an application approved, and driving record cleared by the Arizona MVD after the following events take place:

• The driver submits a "Revocation Investigation Packet". This can be down loaded from the Arizona Department of Transportation (ADOT) website;
• An investigation iwill be completed by the state to ascertain that all withdrawal actions and requirements are met;
• If the license revocation was due to DUI or criminal offenses that involved substance abuse with alcohol, drugs or other toxic substances, the applicant will need to submit to a medical evaluation and submit the results of that evaluation to AZ MVD. The evaluation must be conducted by a licensed physician, psychologist, or certified substance abuse counselor; the purpose is to determine if the driver is able to safely operate a motor vehicle;
• The driver will be notified after the investigation is completed, and they are then allowed to submit an application for reinstatement;
• The driver will need to pay all fees and costs associated with this reinstatement process;
• The driver also must submit SR-22 certification to AZ MVD. The SR-22 certification is a form that he applicant/driver's auto insurance company submits to the Arizona MVD. The SR-22 document certifies that the driver, has fulfilled their state auto insurance required, including obtaining and keeping auto liability insurance in force;
• If the driver's reinstatement application is denied, the applicant/driver can request an Administrative Hearing. The request must be made in writing and submitted to the Executive Hearing Office of the AZ MVD.

Driving on a Revoked Driver's License Chandler AZ

A person is found driving under a revoked driver's license, you may be criminally cited, and the vehicle their vehicle impounded for up to thirty days. Additional criminal charges may apply depending on the reason for the circumstances. If your driver's license was revoked due to a DUI, a person will face felony charges in addition to the civil proceedings with the Arizona MVD. You should contact a criminal defense attorney to discuss your matter and options for defense and legal representation. If retained, they will assist you will getting your license reinstated and defend your criminal charges.

Continue reading "How to Reinstate a Driver's License Resulting after DUI Revocation" »

July 10, 2012

Extreme DUI Laws Scottsdale AZ

The Extreme DUI Blood Alcohol Limit (BAC) for alcohol is 0.15% but below 0.20%. If you are charged with a DUI 0.15% or greater, police will customarily charge you with three separate DUI offenses in the same stop. They will include the two or three BAC offense ranges of less than the one they were charged with:

• DUI "Impaired to the slightest degree"; A.R.S. §28-1381(A)(1)
• DUI above .08%; A.R.S. §28-1381 (A)(2)
• Extreme DUI above .15% A.R.S. §28-1382 (A) (1)
• Super Extreme DUI .20% A.R.S. §28-1382 (A) (2)

For example, if a motorist is charged with Super Extreme DUI, they will also be charged with 1) "impaired to the slightest degree", 2) DUI .08%; 3) Extreme DUI .15% and 4)Super Extreme DUI .20%. As a result, a motorist in this case would be charged with 4 DUI offenses.

Penalties Extreme DUI Convictions

If no other "aggravating factors" surround the incident, an Extreme DUI charge is a Class 1 Misdemeanor which is the most serious of Misdemeanors.
Generally, the higher the BAC, the more severe the penalties if convicted. Sentencing may include: 30 to 45 days in jail; $2500.00 fines; 1 year to 18 months ignition interlock device on vehicle; 90 days driver's license suspension; probation; fines; fees; costs and alcohol screening and counseling for a first time extreme DUI convictions. More penalties may apply.

Attorney for DUI Defense Scottsdale AZ

Any DUI arrest is serious. You should always consult a qualified criminal defense attorney before going to court, or pleading guilty. You have the right to defend your charges. There may be defenses that you are not aware of that could lead to a dismissal or reduction in charges or sentencing. If you wish to defend your charges, you should invoke that right, by retaining legal representation on your behalf. If retained, your attorney will make you're your rights are protected; defend your charges; and work to obtain the best possible outcome and resolution in your matter.

Continue reading "Extreme DUI Laws: Drunk Driving with Extreme BAC result in three DUI offenses in one stop " »

July 4, 2012

Drug DUI Charges Gilbert AZ

In 2011 Drug DUI charges were responsible for over 50% of all DUI charges in Arizona. By laws a motorist may be arrested for DUI, even if they have not consumed any alcoholic beverage, but is driving under the influence of any drug. The offense is called DUI - "impaired to the slightest degree". If convicted, the penalties are as harsh and similar to Drunk Driving due to Alcohol.

DUI with Drug Laws Arizona

Under A.R.S. § 28-1381. You may be found guilty if you were driving or in actual physical control of a vehicle, while:

• Under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree;

• There is any drug defined in section A.R.S. § 13-3401 or its metabolite in a person's body, that caused the impairment to the slightest degree.

In absence of Aggravated (felony) factors, Drug DUI violations are charged as Class 1 Misdemeanors.

Drug DUI Penalties

Despite the fact that a Drug DUI is a Misdemeanor, it still calls for harsh penalties. If convicted of a first offense Class 1 Misdemeanor the following penalties may be imposed:

• 10 days mandatory jail;
• Ignition interlock device (IID) at least 6 months;
• Drug/Alcohol counseling or treatment:
• Fines, Fees, Costs, & Assessments $1,250.00;
• Driving privileges suspended for 3 months;
• Probation or community service

If you were arrested for any type of DUI in Arizona, it is important that you consult a criminal defense firm to discuss your matter, and defense. Consequences for convictions are serious. There may be defenses that are available that if used may lead to a dismissal or reduction of charges and penalties. If retained, an experienced DUI lawyer will protect your rights, defend your charges, and help you get the most favorable outcome possible in your case.

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Continue reading "DUI Laws: Drug DUI offenses are subject to same harsh penalties as drunk driving convictions. " »